RFE to show household member's income was lawfully obtained

[chahanshah 0]

Hello,

I am applying for AOS through marriage to a US citizen.

I am an F-1 student currently working on OPT. I am using my income to supplement my spouse's income for the I-864.

We received an RFE to show that my income was lawfully obtained when I was authorized to work in the United States and my most recent tax return.

I have proof of employment with pay stubs and a letter from my employer stating my salary and continued employment full-time.

I also have my I-797 notice stating that my OPT is authorized until June 2016. My dilemma is that I never received an EAD card; just the notice. After reading through all the forums, I realized that the card is needed.

How should I reply to the RFE and show that my income was lawfully obtained with my work being authorized even though I did not receive an EAD card.

I also read that I have a 180 day period of unauthorized work that may be allowed. Is that from the start of work to the day I applied for AOS or to current day?

Thank you.

P.S. this is the first time I am posting a question here. I am not sure if this is the right place or format for it.

[Cheezees 1,514]

Hello,

I am applying for AOS through marriage to a US citizen.

I am an F-1 student currently working on OPT. I am using my income to supplement my spouse's income for the I-864.

We received an RFE to show that my income was lawfully obtained when I was authorized to work in the United States and my most recent tax return.

I have proof of employment with pay stubs and a letter from my employer stating my salary and continued employment full-time.

I also have my I-797 notice stating that my OPT is authorized until June 2016. My dilemma is that I never received an EAD card; just the notice. After reading through all the forums, I realized that the card is needed. I was an F1 student and from my understanding, if you did not apply for, or had not yet received your EAD card, then the OPT is still valid. However, upon receiving the card, the EAD voids the OPT. Did you apply for the EAD?

How should I reply to the RFE and show that my income was lawfully obtained with my work being authorized even though I did not receive an EAD card. Yes. Most people apply of the EAD card so it may have seemed strange to them that a copy of the card was not presented. Did you provide a copy of the OPT authorization?

I also read that I have a 180 day period of unauthorized work that may be allowed. Where did you get this info? Unless you have and EAD card or an OPT form, work is unauthorized/illegal in your case. Is that from the start of work to the day I applied for AOS or to current day?

Thank you.

P.S. this is the first time I am posting a question here. I am not sure if this is the right place or format for it.

[Boiler 46,293]

I also read that I have a 180 day period of unauthorized work that may be allowed. Is that from the start of work to the day I applied for AOS or to current day?

Link?

[newacct 688]

Someone on OPT cannot work before they get their initial EAD. The employer shouldn't have allowed you to work without an EAD. People on OPT without an EAD do not satisfy the I-9 requirements. You may be thinking of the 180-day extension of work authorization when applying for a STEM OPT extension, but that's only for people who have already finished their initial OPT period and are applying for an extension.

[Cheezees 1,514]

Someone on OPT cannot work before they get their initial EAD. The employer shouldn't have allowed you to work without an EAD. People on OPT without an EAD do not satisfy the I-9 requirements. You may be thinking of the 180-day extension of work authorization when applying for a STEM OPT extension, but that's only for people who have already finished their initial OPT period and are applying for an extension.

Oops, I misspoke. You are correct! I in fact had 2 EADs. One I received with my initial OPT filing and another I received with my AOS. The AOS EAD took over for the OPT EAD.

[caliliving 606]

Yes, you need a sponsor to adjust as your income does not allow for the requirements to fulfill that form.

You are ok tho.. i mean, you can defintely adjust status and working unauthorized has not harmed you. However, your income can not be used to adjust status. Get your spouse or a USC that can be your sponsor and do that.

[newacct 688]

Yes, you need a sponsor to adjust as your income does not allow for the requirements to fulfill that form.

You are ok tho.. i mean, you can defintely adjust status and working unauthorized has not harmed you. However, your income can not be used to adjust status. Get your spouse or a USC that can be your sponsor and do that.

The OP is saying that they were working legally with an EAD; they were mistaken that they didn't have an EAD.

[caliliving 606]

well, working 'unauthorized' is forgiven when you are married. so the OP is ok... she/he just needs a sponsor.. find a sponsor and adjust.. you will be OK as long as you never claimed to be a US citizen.. and it sounds like his/her work took the 'your card is being mailed' as a work permit.. so the OP is ok to adjust through marriage!!

Find a sponsor, and adjust:)

[newacct 688]

well, working 'unauthorized' is forgiven when you are married. so the OP is ok... she/he just needs a sponsor.. find a sponsor and adjust.. you will be OK as long as you never claimed to be a US citizen.. and it sounds like his/her work took the 'your card is being mailed' as a work permit.. so the OP is ok to adjust through marriage!!

Find a sponsor, and adjust:)

If the OP is working legally, and has an EAD, as they are saying, their income can be counted and is enough, and they don't need a joint sponsor.

[Cheezees 1,514]

well, working 'unauthorized' is forgiven when you are married. Really? Since when? so the OP is ok... she/he just needs a sponsor.. find a sponsor and adjust.. you will be OK as long as you never claimed to be a US citizen.. and it sounds like his/her work took the 'your card is being mailed' as a work permit.. so the OP is ok to adjust through marriage!!

Find a sponsor, and adjust:)

[Cheezees 1,514]

If the OP is working legally, and has an EAD, as they are saying, their income can be counted and is enough, and they don't need a joint sponsor.

I think the OP applied for OPT and the application was approved but the card was never delivered/lost in the mail. So when the OP did not present a copy of the card, USCIS could not verify the work authorization. OP could you call DHS/USCIS to have another card mailed out? That would serve as proof and as newacct said, you won't need a joint sponsor.

What say you OP?

[arken 4,197]

I think the OP applied for OPT and the application was approved but the card was never delivered/lost in the mail. So when the OP did not present a copy of the card, USCIS could not verify the work authorization. OP could you call DHS/USCIS to have another card mailed out? That would serve as proof and as newacct said, you won't need a joint sponsor.

What say you OP?

USCIS will expect the copy of the physical card (proof of work authorization) and not only the OPT approval notice in the RFE response. So if the OP can't provide that, not sure if USCIS will accept the OP's income for sponsorship. Getting replacement OPT card will take 2-3 months which might be beyond RFE response time.

Edited January 26, 2016 by arken

[Cheezees 1,514]

USCIS will expect the copy of the physical card (proof of work authorization) and not only the OPT approval notice in the RFE response. So if the OP can't provide that, not sure if USCIS will accept the OP's income for sponsorship. Getting replacement OPT card will take 2-3 months which might be beyond RFE response time.

Oh gosh. Send like the OP may be out of luck then.

[newacct 688]

I think the OP applied for OPT and the application was approved but the card was never delivered/lost in the mail. So when the OP did not present a copy of the card, USCIS could not verify the work authorization. OP could you call DHS/USCIS to have another card mailed out? That would serve as proof and as newacct said, you won't need a joint sponsor.

What say you OP?

Oops I thought you were the OP when you responded above.

[chahanshah 0]

Thank you for all the responses ... It really is a mixed bag. To clarify, my USC spouse's income is not enough and I am including my income to meet the above 125% requirement. I am working on F-1 OPT. I am authorized to work; however, I do not have the physical EAD card.

There are varied responses regarding whether I will be able to get away with just the Approval notice or not. My employers were fine with accepting it when I was hired. An attorney also mentioned that it should be fine since my F-1 OPT status is valid and I am authorized to work. I am going to seek a second opinion from another attorney as well.