Questions about form I 864

[osprey 0]

Thanks again guys.... is it a good idea to add stuff related to my income (IRS, pay stubs, etc) even if I do not state that in the form... does it hurt to add more, or does that just confuses the officer....I just want to reassure them that we won't be a liability...

[Harpa Timsah 13,258]

Adding extraneous stuff just confuses things. Only add what is needed. If you are not adding your income to qualify, then don't throw in your work stuff. It's a pass/fail thing, so either you qualify, or you don't. You don't need to pad it.

Edited August 13, 2014 by Harpa Timsah

[RnZ 4]

We have a similar sort of situation.

My Fiance and I will be married in September. I am in school on F1 as a research assistant and student just like you and so is my fiance.

She didnt earn enough last year because she had a non taxable scholarship for 8 months. So her tax return from 2013 lists only $9000, WHICH is below the poverty line for a household of 2.

My income from school is 24K for 2013 but we are not combining my income as i have read that USCIS may ask you if you were legally allowed to work in United states which you are not on F1 visa. The fact that your income from school is a research stipend could cause you some problem.

my thoughts to you is to wait till next February, when you and your wife have filed the taxes for 2014 and then use her W2 and tax transcript. In this way you dont have to attach the letter from employer, you wont need a co sponsor and you will not be at risk of rejection regarding her income.

We have also decided to wait until next February after getting married because we would rather be safe than risking it.

[bobcat190E 12]

My income from school is 24K for 2013 but we are not combining my income as i have read that USCIS may ask you if you were legally allowed to work in United states which you are not on F1 visa. The fact that your income from school is a research stipend could cause you some problem.

This is incorrect.

F-1 students are permitted to work on campus for no more than a certain number of hours per week (I forget but I think it is 20).

Here is the relavent info:

Employment

F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. There are various programs available for F-1 students to seek off-campus employment, after the first academic year. F-1 students may engage in three types of off-campus employment, after they have been studying for one academic year. These three types of employment are:

Curricular Practical Training (CPT)

Optional Practical Training (OPT) (pre-completion or post-completion)

Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT)

M-1 students may engage in practical training only after they have completed their studies.

For both F-1 and M-1 students any off-campus employment must be related to their area of study and must be authorized prior to starting any work by the Designated School Official (the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and USCIS.

For more information on the Student and Exchange Visitors Program, see the “Student & Exchange Visitor Program, Immigration & Customs Enforcement” link to the right.

(source: http://www.uscis.gov/working-united-states/students-and-exchange-visitors/students-and-employment)

A research stipend is a perfectly acceptable form of income for an F-1 student if it comes from the institution sponsoring your F-1. When I was a PhD student with an F-1 my funding came from my university and was taxed as income. It was classified as 15 hours per week and came to around 20k per year. This was perfectly legitimate income on which I paid tax.

Edited August 14, 2014 by bobcat190E

[RnZ 4]

But you have to show that the income is from a continuing source and research assistant is not a permanent job. There have been instances where they can give you RFE and ask you to show if you are authorized to work in USA.

http://www.visajourney.com/forums/topic/391459-rfe-for-form-i-864/

http://www.visajourney.com/forums/topic/323337-i-864-rfe/

you can still try using intending immigrants stipend as source of income but there are risks of RFE associated with it

Edited August 14, 2014 by RnZ

[fullglass 5]

A student on an F1 Visa could either work on campus OR apply for work authorization under financial hardship circumstances.

[osprey 0]

Thanks guys.... it is correct, it is very hard to prove that you will be employed after you become resident... at least in my case. Research assistantship is pretty much provided on semester basis... and there is no guarantee you will be receiving long term.

I don't want to wait until next year since I'm planning on graduating this semester (also part of the reason I cannot prove I will be employed in the future). Also, I want to have our religious wedding in my home country, so we have to wait for that until my AOS is done.....

Now, what happens if for some reason they don't feel my wife's income is enough? I'm thinking worst case scenario here, as we already got a letter stating that she earns more than the requirement and we have payment stubs for 6 months confirming that.... do they usually reject the entire package... or do you get a chance to add a co sponsor....

Thanks

[Harpa Timsah 13,258]

If your wife's work is not suitable they will send a RFE.