F-1 AOS RFE any thoughts?

[xillini 71]

Hello, 

 

recently I received a RFE stating that I-864 is not acceptable due to lower income. 

I am a F-1 student currently working as OPT and my wife is college student working as part time. 

My annual income is around 26000 and my wife income is around 18000, both of which, if combined, becomes around 44,000$. 

Yet, it seems that USCIS does not take OPT as lawfully authorized to work or does not take OPT as employment. 

My lawyer advises, just finding co-sponsor would be the best option, but it will be harder to do so as it takes legal obligations to co-sponsor. 

 

Now my question is.... 

does anyone face similar situation and how do you overcome the RFE? 

Any comments would be appreciated.

 

Thank you

 

[NancyNguyen 1,657]

You can't use your income towards I-864 because they need to make sure your income will continue from same source after your GC is approved, which your income doesn't satisfy. Your income will end as soon as your OPT ends.

 

You need to find a joint sponsor or use asset to fulfill difference of ~2500 (family of 2 needs income of 20250 by the way. So asset has to be 3 times of difference which is about $8000, a bank balance will help.)

[xillini 71]

7 minutes ago, NancyNguyen said:

You can't use your income towards I-864 because they need to make sure your income will continue from same source after your GC is approved, which your income doesn't satisfy. Your income will end as soon as your OPT ends.

 

You need to find a joint sponsor or use asset to fulfill difference of ~2500 (family of 2 needs income of 20250 by the way. So asset has to be 3 times of difference which is about $8000, a bank balance will help.)

Thanks for your reply! Do you think if my employer writes a letter stating that my job performance is excellent enough that they would still like to hire me? I am a full time benefit eligible as well as my employer insurance covers my wife, USC as well.

My major is STEM (agricultural engineering) and is eligible for OPT extension (I am aware that new administration is considering to cancel out OPT extension, but it is not officially decided yet, so I guess I can still claim it), which will last beyond just July, 2017, but upto 2019. 

 

Just finding co-sponsor sounds the easiset, and my lawyer advised it exactly the same way. 

 

I have some cash in my home country on my name, but you think it will help as well to prove I-864 as asset?

 

Thank you

Edited February 15, 2017 by xillini

[NancyNguyen 1,657]

Unfortunately, USCIS doesn't care about employer's opinions. They make decision based on your working status, which will be ending soon.

 

USCIS won't accept foreign bank info either.

[Valor 131]

23 minutes ago, NancyNguyen said:

Unfortunately, USCIS doesn't care about employer's opinions. They make decision based on your working status, which will be ending soon.

 

USCIS won't accept foreign bank info either.

False info.

OP, your income certainly can be counted. Ask your employer writing a letter stating that as long as you are eligible to work in the State, they would continue to hire you. 

[Valor 131]

Also, OP you should consider hiring a new lawyer. Your current one is not giving you the correct advice.  But just to make it clear, you can not file I864, your spouse should file and sign it. However, she can add your income in it. Good luck!

Edited February 15, 2017 by tbone1991

[Mariam&Smith 45]

43 minutes ago, tbone1991 said:

False info.

OP, your income certainly can be counted. Ask your employer writing a letter stating that as long as you are eligible to work in the State, they would continue to hire you. 

 

I was doing same thing as you instruct when I was on OPT, by the way it was a 5year research contract not just "a letter", and USCIS still didn't accept my income back then. I had to ask for joint sponsor. So please don't speak when you are not in OP situation.

[Valor 131]

7 minutes ago, Mariam&Smith said:

 

I was doing same thing as you instruct when I was on OPT, by the way it was a 5year research contract not just "a letter", and USCIS still didn't accept my income back then. I had to ask for joint sponsor. So please don't speak when you are not in OP situation.

I was on OPT before I filed AOS and it was also my biggest concern. And I had consulted different immigration lawyers including the one I finally hired and they all gave me the same answer, which was the one I just told. 

Edited February 15, 2017 by tbone1991

[Mariam&Smith 45]

3 minutes ago, tbone1991 said:

I was on OPT before I filed AOS and it was also my biggest concern. And I have consulted different lawyers including the one I finally hired and they all gave me the same answer, which was the one I just told. 

So different outcomes then you shouldn't jump in and false info this, false info that. You are not always right, are you?

 

We are talking about a future, is there any guarantee OP will be able to hold his job? Let alone on a temporary work permit.

Edited February 15, 2017 by Mariam&Smith

[Valor 131]

5 minutes ago, Mariam&Smith said:

So different outcomes then you shouldn't jump in and false info this, false info that. You are not always right, are you?

Because it is inaccurate to tell OP that one's income from OPT can't be counted.

[Valor 131]

30 minutes ago, Mariam&Smith said:

 

I was doing same thing as you instruct when I was on OPT, by the way it was a 5year research contract not just "a letter", and USCIS still didn't accept my income back then. I had to ask for joint sponsor. So please don't speak when you are not in OP situation.

I'm sorry it didn't work out for you. My assumption is that because you had the 5-year contract, and therefore it actually limits your income to a certain period. But I might be wrong. My employer states that the probability of continue hiring me is high in the letter. 

Edited February 15, 2017 by tbone1991

[xillini 71]

8 hours ago, tbone1991 said:

I'm sorry it didn't work out for you. My assumption is that because you had the 5-year contract, and therefore it actually limits your income to a certain period. But I might be wrong. My employer states that the probability of continue hiring me is high in the letter. 

Thanks for all comments, guys! 

 

Yes, I did some google search and found some similar situations. It seems that it depends. Depending on officers, case-by-case, and political atmosphere, the same situation like foreign spouse on OPT using his/her income to add USC's income can be accepted and not accepted. 

 

This is ridiculous especially because we are dealing with government agency, which should be run by legitimate/one singler answer. 
 

Well, I lived in the US with student visa for 5 years, and I think I know enough that there is no concrete answer and the answer is always "it depends" when situation is complicated and so-on (In other words, when things are not sure but you have to answer, you can always say it depends.... ). 

 

Anyhow, I will submit with detailed employer's employment letters stating my job performance is good enough that they still would like to hire me attached with I-9 form highlighting my employment is legally authorized by USCIS's its own form. 

On the mean time, I will ask buddies to see if they are willing to sign on I-864 as joint sponsor. 

 

my lawyer's logic is this: 

Yes, supposedly USCIS should be able to accept the income from F-1 OPT, but we don't wanna bother USCIS in a way that they get cranky and harsh on the application review. So it is our best interests to make them feel smooth and comfortable enough that GC can be obtained. Yes, maybe we can bring this to legal battle such as motion to reopen/reconsider at immigration court, but it will take longer time/more money and so-on. It will only hurt you in both financial/personal perspectives while USCIS will simply run by taxes and it is not their waste of time/money. 

[Transborderwife 4,666]

OP how much longer do you have on your OPT?  This could be the grounds for a denial.

[Valor 131]

1 hour ago, xillini said:

Thanks for all comments, guys! 

 

Yes, I did some google search and found some similar situations. It seems that it depends. Depending on officers, case-by-case, and political atmosphere, the same situation like foreign spouse on OPT using his/her income to add USC's income can be accepted and not accepted. 

 

This is ridiculous especially because we are dealing with government agency, which should be run by legitimate/one singler answer. 
 

Well, I lived in the US with student visa for 5 years, and I think I know enough that there is no concrete answer and the answer is always "it depends" when situation is complicated and so-on (In other words, when things are not sure but you have to answer, you can always say it depends.... ). 

 

Anyhow, I will submit with detailed employer's employment letters stating my job performance is good enough that they still would like to hire me attached with I-9 form highlighting my employment is legally authorized by USCIS's its own form. 

On the mean time, I will ask buddies to see if they are willing to sign on I-864 as joint sponsor. 

 

my lawyer's logic is this: 

Yes, supposedly USCIS should be able to accept the income from F-1 OPT, but we don't wanna bother USCIS in a way that they get cranky and harsh on the application review. So it is our best interests to make them feel smooth and comfortable enough that GC can be obtained. Yes, maybe we can bring this to legal battle such as motion to reopen/reconsider at immigration court, but it will take longer time/more money and so-on. It will only hurt you in both financial/personal perspectives while USCIS will simply run by taxes and it is not their waste of time/money. 

If I were you, I would 1) check if the forms were filed properly, like I said, your USC spouse should file I-864 and includes your income as the total income of your household. This is the black/white rule. 2) Make sure to include your recent paystubs(6 months) in it. 3) Did you file tax in the previous years? If so I would get the tax transcript too. 4) You letter from your employer should also state your start date, how much you make and how many hours you work per week.  

Sorry I misunderstood and thought your lawyer meant you income couldn't be used. I understand his take on this is to be on the safe side. If it's not too much hassle for you to find a co-sponser then that's also another way to go. 

Good luck! 

Edited February 15, 2017 by tbone1991

[xillini 71]

1 hour ago, Transborderwife said:

OP how much longer do you have on your OPT?  This could be the grounds for a denial.

I filed AOS last December during OPT, which will be expired by August 2017, it is not STEM extension OPT but just normal OPT.