OPT income for I684 purposes?

[Lisa88 3]

Can an intending immigrant add their income from OPT/STEM OPT for I-864 purposes if their US citizen spouse does not meet the 125% of poverty guideline?

 

I graduated from college in a STEM major, and I currently work under STEM OPT, and my income is a few times more than 125% of poverty guideline. On the other hand, my US spouse does not make enough. 

We hired a lawyer and he said I can use my income from STEM OPT for I-864 purposes (and hence we do not need to find a joint sponsor), and we submitted my pay stub and an employment letter from my boss and my HR stating that I have been working for them AND that there is no foreseeable layoff or termination of my employment.

 

We did not get any RFE, and we got our interview date. Now, one of my friends who is familiar with immigration law told me that OPT's income cannot be used for I-864 purposes because it is not a permanent position. Like, OPT means you work with an EAD which has a clear expiration, and therefore it doesn't follow the rule of I-864 instruction "The income continues from the same source". 

I did some research on my own using some famous lawyer forum websites, and immigration forums like VisaJourney, ***removed*** etc.. and it seems like some say OPT's or STEM OPT's income can be used, and others say it cannot be used.

 

I am very confused. Can anyone tell me what is true? Does it mean an automatic rejection on my AOS application if my STEM OPT's income cannot be used?

Is there anyone who was able to use their income from OPT/STEM OPT for I-864 purposes, or do you know anyone who did that? Approved? Rejected?

Edited September 17, 2018 by Lisa88

[Lisa88 3]

Btw, my spouse and I have been living together for more than one year under the same roof. We sent the AOS application back in April 2018. We filed a joint tax return for 2017. 

Edited September 17, 2018 by Lisa88

[aznhouston 132]

The job itself has no termination date, it's just the width permit. And the fact you have a job means you won't be likely to become public charge.

Nothing to worry about.