i864- Does my income count?

[Kdelainey 0]

Hey everyone! I'm currently on OPT and planning on getting married shortly. Does my income count towards the income requirement for the i864 or do they solely use my spouses income to determine that? Thank you!

Edited August 25, 2017 by Kdelainey

[Hypnos 6,576]

If your income is both (i) from a legal source, and (ii) will continue from the same source if your green card was approved, then it can be included on your spouse's I-864.

 

This kind of "piggybacking" can be very useful in avoiding needing to use a joint sponsor. 

[Kdelainey 0]

Perfect, thank you! 

[xillini 71]

The answer is it depends on who review your AOS application, unfortunately. 

I was on your situation, where I used my OPT income, but was given RFIE, USCIS stating that "this office can not take the income required by FPG", which significantly delayed my timeline. 

 

The reasons they didn't take my OPT EAD income in I-864 was, according to my attorney, that they view the OPE as temporary, not permanent source of income, and therefore when EAD is expired, the income is not sustainable to reimburse social security that may arise upon my request. 

 

My attorney advised USCIS has inconsistent policy on this matter, and USCIS officers have high discretionary powers such that this is controversial but no one takes action against it. So it is case-by-case, meaning some officers take OPT income while others not.

(When I hear case-by-case, I take it there is no rules, but only luck) 

 

I would suggest that you attach I-9 (It's USCIS its own form, implying that your OPT EAD income is lawfully and legally authorized income) and your employer's letter specifically stating that they would continue working with you with emphasis on full time status and benefit eligible.