I-864 and the "intending immigrant's income"

[JellyBean1987 4]

Good morning all!

I am on OPT and my husband is a USC. We're in the very early stages of the immigration process. I'll fill out our timeline when we have updates, I promise! So far, we've filled out all the necessary forms, but the Affidavit of Support is a little confusing for us. (Seems to be for many people!)

The hubby is a full-time graduate student, working part-time with an annual income of $12K. Now, I earn $40K a year, so together, we are well above the poverty line requirement. We have also lived together for almost a year.

Per the I-864 instructions, it sounds like my income can be counted:

Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident;

My employer is very understanding of our situation and would be willing to write a letter for me. I can also send my 2014 tax return and pay stubs.

The problem is: What if I don't get my EAD before my current OPT expires? There might be a period where I can't work. If this happens, my employer is willing to let me return to my job when the new EAD comes. Still, I feel like it would be at the IO's discretion whether to include my income or not. To be safe, should we include a joint sponsor? My husband's family are willing and able to help us.

Edited March 19, 2015 by JellyBean1987

[aaron2020 11,651]

Hi,

If you become unemployed because you lack work authorization, then your income is zero. Once you get the EAD and get it back, you can count the income.

Get a JS since you having people willing to do it.

Edited March 19, 2015 by aaron2020

[JellyBean1987 4]

We're going to send out the packet while I'm still on OPT. But I might not get my new EAD before my OPT expires. Because of the timing, I don't think my income will count.

We figured we'd have to ask a JS to help. Lucky we have people who want to help.