Can F1 student fill the I-864 Affidavit of Support

[ElizabethLinLin 0]

Hi there,

 

I'm struggling with how to fill out the I-864 and will be very appreciated if anyone can help me out.

 

A briefly introduce ourselves. I'm an F1 student and married with my Wife in Oct 2017. She is currently unemployed since she is a grad school student, and she will become a Ph.D. in September 2018. I'm working legally with my OPT status and making about $36k/year, her school will give her about $32k/ year which means we are not likely to become a public charge.

now here are my question that need your help:

1. since she is unemployed now, can I file the I-864 and sign by myself?
2. Does she need to fill the I-864 or I-864A?

 

I try to search the answer online but different situation out there with different answers. so I still post these questions and seek answers. 

please common down below if you have a similar situation and how did you do with the I-864 form

Very appreciated!!

 

Best,

Elizabeth 

Edited May 13, 2018 by ElizabethLinLin

[sponge_gto 17]

Since you mentioned that you are in OPT status, I'm assuming you are the intending immigrant and your wife is sponsoring you? If that is correct, here are my thoughts:

- The sponsor (your wife) must file I-864. Her income from her grad school should be more than enough for a family of 2. This alone should satisfy the requirements of support.

- The income of the intending immigrant spouse (you) can be used as a source of support in I-864. You should not file I-864A as that is only needed for other sponsors such as family and friends.

- F-1 status alone does not allow your income to be counted (personal experience), but if you supplied OPT documentation and emphasized the role of OPT as employment authorization, then your income can be counted.

 

Best of luck!

[ElizabethLinLin 0]

On ‎5‎/‎30‎/‎2018 at 11:47 AM, sponge_gto said:

Since you mentioned that you are in OPT status, I'm assuming you are the intending immigrant and your wife is sponsoring you? If that is correct, here are my thoughts:

- The sponsor (your wife) must file I-864. Her income from her grad school should be more than enough for a family of 2. This alone should satisfy the requirements of support.

- The income of the intending immigrant spouse (you) can be used as a source of support in I-864. You should not file I-864A as that is only needed for other sponsors such as family and friends.

- F-1 status alone does not allow your income to be counted (personal experience), but if you supplied OPT documentation and emphasized the role of OPT as employment authorization, then your income can be counted.

 

Best of luck!

OMG Thank you so much!! You are a life saver. Thanks foe all the detail explanation. And yes, I'm working use my opt which means my income should be counted as our household income. Thanks again sponge_gto!!