Form I-864

[RickGC 0]

Hi VJers,

Some questions on form I-864:

My Status: I am currently on OPT and working on my 1 year OPT EAD. I entered the US on a Student F-1 visa. I got married to a USC recently and we are planning to file for my AOS along with I-130, I-765 form.

Can I as an intending immigrant, spouse, show my income as a source of financial support for my case? My wife, a USC, is working on a temporary project which will not continue for an entire year. So it seems that her source of funding will not be sufficient, but if I can show my income then we are good.

Also, what does it mean that an intending immigrant, spouse, can show his/her income as a financial support, but that income must continue to come from the same source in the future after he/she becomes a lawful permanent resident?

How can I show that the income will come from the same source?

What if after submitting the application, showing my income, I change my job? Will that be an issue?

Thanks a lot for your help.

[ceadsearc 516]

You can if it will continue from the same source. Meaning if your employer is willing to keep you on permanently when you get your GC. An offer letter for a permanent job would be evidence of that.

[RickGC 0]

You can if it will continue from the same source. Meaning if your employer is willing to keep you on permanently when you get your GC. An offer letter for a permanent job would be evidence of that.

Hi Ceadsearc,

Thank you for your reply. What is a permanent job? I currently have a full time job with a firm and they do sponsor H1B visa, but I won't ask them for that because I will be filing for GC. So, I guess they will be, at least, willing to give a letter saying that they wish to keep me as a full-time employee after I get my GC. Would this job be called permanent job. Also, I am on a year long OPT and it is not H1B. I think I read somewhere (not on VisaJourney) that if you are working as a student then you can't really say that this income will continue in the future. But, I am trying to get a clear understanding on it.

Also, what if after filing my GC application I change my job? Am I allowed to do that without jeopardizing my GC application?

Thank you for you assistance.

[Penguin_ie 5,996]

** Moving from AOS from Family Visa to AOS from Student Visa ****

[RickGC 0]

Please advice on my above questions.

Thanks

[ceadsearc 516]

Hi Ceadsearc,

Thank you for your reply. What is a permanent job? I currently have a full time job with a firm and they do sponsor H1B visa, but I won't ask them for that because I will be filing for GC. So, I guess they will be, at least, willing to give a letter saying that they wish to keep me as a full-time employee after I get my GC. Would this job be called permanent job. Also, I am on a year long OPT and it is not H1B. I think I read somewhere (not on VisaJourney) that if you are working as a student then you can't really say that this income will continue in the future. But, I am trying to get a clear understanding on it.

Also, what if after filing my GC application I change my job? Am I allowed to do that without jeopardizing my GC application?

Thank you for you assistance.

To the best of my knowledge if your firm is willing to offer you a permanent job once you have your GC or EAD and you will still have your job during the process you can count the income. I don't know when your OPT expires. You could change jobs once you get the GC but you can't count the income if you won't have that job when the application is adjudicated (ie at the interview).

[RickGC 0]

To the best of my knowledge if your firm is willing to offer you a permanent job once you have your GC or EAD and you will still have your job during the process you can count the income. I don't know when your OPT expires. You could change jobs once you get the GC but you can't count the income if you won't have that job when the application is adjudicated (ie at the interview).

Thanks ceadsearc. Sincerely appreciate your help.