Income continue from the same source?

[Jun2580 27]

What does "Income must continue from the same source after he or she obtains permanent residency" mean?

 

I got married to a US citizen. He does not make enough income to reach the poverty line's 125%. I am the intended immigrant who is on F1, and I currently work on STEM OPT (I still have more than 20 months before my EAD expires).

I make a few times more income than what the poverty line's 125% indicates, and so I am planning to use my income to sponsor myself, because I do not want to ask his family to be my joint sponsor, unless I really need to.

 

Now in I864 instruction it says "Intended immigrant can use his or her income, but the income must continue from the same source AFTER HE OR SHE OBTAINS PERMANENT RESIDENCY.", and I am very confused and scared of this line.

 

Does this mean, I can never quit my job or change my job? How long do I have to stay in the same position? How long after I obtain the green card, do I have to keep working for my current company?

I have a lawyer, and I already paid all the fee, and he gave me a very vague answer. He just told me "oh you don't need to worry about it. and you can change jobs if you want." but I am not convinced by what my lawyer said because that is clearly not what the I864 instruction seems to be saying, to me.

 

1) Can anyone tell me what this means? can I change my jobs while the case is pending? How long do I have to stay in my position after getting a GC?

2) How can I even prove that I will never get fired or lose my job? No one knows what will happen in the future, and I don't even think there are many employers who willingly write a letter saying "He/she will NEVER lose this job" or "He/she will be employed indefinitely" etc.

3) What will happen if I get to use my income, and I get laid off / switch jobs BEFORE the interview or getting the GC? Does it lead to an automatic rejection on my case? 

 

I wish I could get a new lawyer, but I already paid in full the lawyer fee, which was a few thousand dollars, and I don't want to let this all go to waste...

 

Edited April 18, 2018 by Jun2580

[arken 4,197]

Wow, you are taking it too seriously. 

It just means USCIS wanna know that your current employer is willing to keep you employed after you get your GC.

 

Chill out, you can change your job any time you want, before or after you get your GC.

 

If you change your job before your GC interview (if you are called for interview), you might need to take new i864 and new letter from your new employer that you employment will continue after you get your GC.

 

 

[Jun2580 27]

1 minute ago, arken said:

Wow, you are taking it too seriously. 

It just means USCIS wanna know that your current employer is willing to keep you employed after you get your GC.

 

Chill out, you can change your job any time you want, before or after you get your GC.

If you change your job before your GC interview (if you are called for interview), you might need to take new i864 and new letter from your new employer that you employment will continue after you get your GC.

I am a worrywart, and I do not want to mess with USCIS, because to me USCIS is like "OH I can kick you out of this country any time I want". 

What do you mean by "your current employer is willing to keep you employed after you get your GC" though? Do I need a letter from them stating something like "oh this guy will NEVER get fired"?

 

My lawyer only told me to prepare a regular employment letter, which only states a) my current wage, b)my job title, c)employment dates (start date through present), but is this enough? Do I need any other proof from my employer?

[Boiler 45,487]

What employer would state they will never fire you?

[Jun2580 27]

18 minutes ago, Boiler said:

What employer would state they will never fire you?

Exactly. I know they wouldn't, and hence my post.

How would you even prove that your income will continue from the same source, when you would never know what would happen in the future.

[Boiler 45,487]

Sounds like you can not prove this.

[Jun2580 27]

3 minutes ago, Boiler said:

Sounds like you can not prove this.

There is no way, BUT I864 is asking for the evidence still. I864 instruction says "you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status".

It does not mention HOW, or what evidence they want. I am at a loss.

[Boiler 45,487]

Sounds like it is not an option for you.

[Jun2580 27]

1 minute ago, Boiler said:

Sounds like it is not an option for you.

You are not helping... I am asking how to provide that evidence, or what is considered evidence here.

[arken 4,197]

So you paid a bunch to your lawyer who wouldn’t advise you what’s i864 ask for? 

 

You just need a statement from your current employer, probably in company letterhead, mentioning you will remain employed after you get your GC with at least your current income income. Something like that. 

Edited April 19, 2018 by arken

[Villanelle 4,122]

13 hours ago, Jun2580 said:

What does "Income must continue from the same source after he or she obtains permanent residency" mean?

 

I got married to a US citizen. He does not make enough income to reach the poverty line's 125%. I am the intended immigrant who is on F1, and I currently work on STEM OPT (I still have more than 20 months before my EAD expires).

I make a few times more income than what the poverty line's 125% indicates, and so I am planning to use my income to sponsor myself, because I do not want to ask his family to be my joint sponsor, unless I really need to.

 

Now in I864 instruction it says "Intended immigrant can use his or her income, but the income must continue from the same source AFTER HE OR SHE OBTAINS PERMANENT RESIDENCY.", and I am very confused and scared of this line.

 

Does this mean, I can never quit my job or change my job? How long do I have to stay in the same position? How long after I obtain the green card, do I have to keep working for my current company?

I have a lawyer, and I already paid all the fee, and he gave me a very vague answer. He just told me "oh you don't need to worry about it. and you can change jobs if you want." but I am not convinced by what my lawyer said because that is clearly not what the I864 instruction seems to be saying, to me.

 

1) Can anyone tell me what this means? can I change my jobs while the case is pending? How long do I have to stay in my position after getting a GC?

2) How can I even prove that I will never get fired or lose my job? No one knows what will happen in the future, and I don't even think there are many employers who willingly write a letter saying "He/she will NEVER lose this job" or "He/she will be employed indefinitely" etc.

3) What will happen if I get to use my income, and I get laid off / switch jobs BEFORE the interview or getting the GC? Does it lead to an automatic rejection on my case? 

 

I wish I could get a new lawyer, but I already paid in full the lawyer fee, which was a few thousand dollars, and I don't want to let this all go to waste...

 

Someone recently posted an RFE they got for the 864 with F1 income. I cant seem to find the thread though... In the RFE (picture was posted) it lists visa classifications you can use to meet the guidelines for the 864. F1 is NOT listed. So its up to the officers discretion if they want to consider your F1 income. So keep that in mind. You may need a co sponsor.

 

Anyway you are reading into things. Its usually good to be very literal with USCIS stuff but not for this. The word "source" doesnt literally mean the same company or employer. It means more like "job source". So if you are an electrical engineer employed at Acme co you will continue your source of income as an electrical engineer for Ace Co. 

[Jun2580 27]

45 minutes ago, arken said:

So you paid a bunch to your lawyer who wouldn’t advise you what’s i864 ask for? 

 

You just need a statement from your current employer, probably in company letterhead, mentioning you will remain employed after you get your GC with at least your current income income. Something like that. 

This lawyer, surprisingly, had many reviews on Google and Facebook (in my small city, I tried to research most of immigration lawyers, and I chose the one with the highest reviews with the highest review counts). 

I paid about $2,500 JUST FOR THE LAWYER. Now I still have to pay for I485 and I130. Then I was collecting documents my lawyer told me to collect, and this question popped into my head. He only said "You do not need to worry about it. You can change jobs while the case is pending, if you want to." but he never told me I need a statement from my employer. 

[EDITED:] My lawyer only asked me to submit 

(1) my (intended immigrant) current employment letter 

(2) my USC spouse's current employment letter

(3) Most recent tax return (which we filed together for 2017, and we together earned a few times more income than 125% poverty guideline, in 2017) 

 

Initially I was going to use a joint sponsor (my US citizen's mom said she is happy to help me out), but my lawyer said since I am already working on STEM OPT and I have enough income, I can use my income for I864 purposes, and that way I do not need to have a joint sponsor. 

 

I asked my employer if they could write me a letter, and they said "remain employed after you get your GC" is too vague and refused to write one for me. Technically speaking, 3 years after me obtaining GC is still "after I get my GC". My employer basically wants to make sure HOW LONG AT LEAST after I get my GC, I will need to remain employed by them. They seem like they are not going to fire me, but at the same time, they cannot promise anything about, say, 3 years from now.  

 

 

Edited April 19, 2018 by Jun2580

[Jun2580 27]

22 minutes ago, Damara said:

Someone recently posted an RFE they got for the 864 with F1 income. I cant seem to find the thread though... In the RFE (picture was posted) it lists visa classifications you can use to meet the guidelines for the 864. F1 is NOT listed. So its up to the officers discretion if they want to consider your F1 income. So keep that in mind. You may need a co sponsor.

 

Anyway you are reading into things. Its usually good to be very literal with USCIS stuff but not for this. The word "source" doesnt literally mean the same company or employer. It means more like "job source". So if you are an electrical engineer employed at Acme co you will continue your source of income as an electrical engineer for Ace Co. 

 

This is not what my lawyer said =/. They said on F1, if you are still a student and say, you have an on-campus part-time job, where you make more than 125% of poverty guideline, then you CANNOT sponsor yourself, and therefore need a joint sponsor, because on-campus part-time job is very unstable, and you can see its end (when the semester is over, OR when you graduate). However, if you are on F1 and working on OPT or STEM OPT, you should be able to sponsor yourself. 

 

Also, let's say I applied with my current income and without having a joint sponsor, because this is what my untrustworthy lawyer is thinking about doing for me. If I ever get a RFE for I864's, is this the end of the world (like I will forever lose my chance to obtain a GC)? OR do they give me a change to find a joint sponsor (which I have already found) and send them additional documents (like the joint sponsor's tax returns etc)? Do I need to re-apply from scratch with all fees again? 

[geowrian 22,337]

I recall that thread where the letter mentioned the statuses for which they would consider the income, and F-1 was not listed. I can also recall cases being reported where somebody was able to include their income source under those circumstances.

If the lawyer said they definitely will/won't permit it, he's mistaken. Nobody can assure that they will definitely accept it or not. Specifics matter here.

 

In general, I interpret "continue from the same source" would mean that you would permitted and likely to maintain income from the same source after getting the GC as before the GC. It definitely does not mean needing to work at the same job for any fixed period of time (or until the end of time!).

A student may be considered too risky for the IO as they could decide to stop taking classes, and therefore no longer being eligible for that employment. Or maybe that job source may not continue for very long after getting the GC, and therefore does very little to address the public charge concern.

 

If you apply as-is and they decide not to accept it, they would most likely issue an RFE (or, more likely, an RFIE) for a new I-864. You can add a joint sponsor at that time. It will delay processing of your case (I-485, I-131, and I-765), but won't hurt your case.

If you have a joint sponsor lined up already, I would suggest providing their I-864 + supporting evidence in the initial packet.

 

17 hours ago, Jun2580 said:

I am a worrywart, and I do not want to mess with USCIS, because to me USCIS is like "OH I can kick you out of this country any time I want".

USCIS cannot do that. They can refer you to an immigration judge for removal proceedings, in which they would need to show a reason for your status to be terminated.

Once you properly file the I-485 (even if it does get an RFE/RFIE), you are in a state of authorized stay. Barring a valid reason for removal (criminal history, security risk, etc.), they don't have cause to deport you.

Edited April 19, 2018 by geowrian