Using immigrant spouse's OPT as income for affidavit of support? Request for anecdotes.

[CJK 32]

Hi all!

I'm sure this question gets asked around here a lot. I've asked in multiple different forums on the internet and am getting different answers.

HOW, exactly, should I file the Affidavit of Support? It's the last thing holding me back from submitting this freaking package, and I'm getting stressed out just thinking about it.

 

Situation: My husband (F-1) and I (US Citizen) just graduated college and got married shortly after.

He got a job where he earns several times more than the poverty baseline required, and is now on OPT. He's doing well at his company and they understand from their side that he is a permanent employee.

I, however, am still looking for a job. Going on two months now. It's been hard since it'll be my very first job out of college and we had to move to a completely new state where I know absolutely nobody. 

 

The conditions for using an immigrants income are that we can prove that the income source will continue indefinitely. USCIS is extremely vague as to what this means.

As I understand it, the nature of OPT is that it is for temporary professional training before returning to one's home country; i.e., still a non-immigrant category, therefore "not permanent". So it seems to me that under those terms, it is not qualifying income.

 

Can anybody provide their own anecdotes of whether immigrant spouse's OPT income qualified without the need for a joint sponsor? Or maybe even the opposite? Should I get a joint sponsor anyway, or will the USCIS officer deem it unnecessary and give us trouble? I really don't wanna take the chances of an RFE either way...

 

Also, will I get in trouble for listing myself as unemployed, even though I'm doing odd jobs under a temp agency and making laughably unpredictable and unmentionable income?

 

Thank you!

[Mrsjackson 300]

I would get a letter from your husband’s employer stating that his job is secure and long term. If it’s not and you can’t obtain that letter, then you need a joint sponsor. USCIS is NEVER bothered by the use of a joint sponsor. The more reassurance they get the better. If you have a joint sponsor don’t hesitate for a second to use one. If you’re not unemployed then don’t write that you are. State the name of the temp agency when asked. Do you have access to someone willing to be a joint sponsor? 

[arken 4,197]

As long as your husband’s OPT isn’t expiring in next few months or so, you can use his income.

 

Employment under OPT is temporary before one returns back home or get sponsored for H1 and ultimately for GC, so you can use OPT income. Need to provide a letter from his employer that his employment will continue after he gets his GC.

 

 

[USS_Voyager 1,972]

The words you want to use in that letter is  "full-time permanent position"

[Nitas_man 3,100]

1 hour ago, Court & Jae said:

Hi all!

I'm sure this question gets asked around here a lot. I've asked in multiple different forums on the internet and am getting different answers.

HOW, exactly, should I file the Affidavit of Support? It's the last thing holding me back from submitting this freaking package, and I'm getting stressed out just thinking about it.

 

Situation: My husband (F-1) and I (US Citizen) just graduated college and got married shortly after.

He got a job where he earns several times more than the poverty baseline required, and is now on OPT. He's doing well at his company and they understand from their side that he is a permanent employee.

I, however, am still looking for a job. Going on two months now. It's been hard since it'll be my very first job out of college and we had to move to a completely new state where I know absolutely nobody. 

 

The conditions for using an immigrants income are that we can prove that the income source will continue indefinitely. USCIS is extremely vague as to what this means.

As I understand it, the nature of OPT is that it is for temporary professional training before returning to one's home country; i.e., still a non-immigrant category, therefore "not permanent". So it seems to me that under those terms, it is not qualifying income.

 

Can anybody provide their own anecdotes of whether immigrant spouse's OPT income qualified without the need for a joint sponsor? Or maybe even the opposite? Should I get a joint sponsor anyway, or will the USCIS officer deem it unnecessary and give us trouble? I really don't wanna take the chances of an RFE either way...

 

Also, will I get in trouble for listing myself as unemployed, even though I'm doing odd jobs under a temp agency and making laughably unpredictable and unmentionable income?

 

Thank you!

Not very often but full time employment in the US is reported as and counts as household income.  Letter from employer, paystubs, bank statements would be the expected evidence.

 

You are not unemployed and you will want  to report the income that you have.  Same thing - paystubs / bank statements

[eckoin 211]

First things first, USCIS is known to reject OPT income. Of all non-immigrant work statuses, they often send RFEs for a joint sponsor specifically because OPT is not one of the accepted statuses. Someone else can chime in, or I can find the list of those they do accept--it's almost all others. 

 

That has anecdotally happened to a lot of cases similar to yours, even with employer letters claiming that they will gladly hire the employee on a fulltime basis when they can. So take that as you will. 

 

Second, though - how long has he been employed? If you two (joint) or he (single) don't have your income tax for 2018 reflecting 125%+ of the FPL, you're already not in a great position. If there are at least six months of pay stubs, meaning that one had worked for at least half a year, the officer may accept it as valid. 

 

If he hadn't been employed for at least half a year, and he's on OPT, I would line up a joint sponsor, or risk a very likely RFE for a joint sponsor and consequent delays. 

[azblk 338]

OPT by its nature is temporary so it is unlikely it will be accepted for i-864 purposes. You can try but I think you would be better off getting a joint sponsor.

[arken 4,197]

5 hours ago, azblk said:

OPT by its nature is temporary so it is unlikely it will be accepted for i-864 purposes. You can try but I think you would be better off getting a joint sponsor.

It depends, if the OPT is STEM extension eligible, one could be working under OPT for 3 years, that’s not temporary for AOS applicants as one could get EAD in 4-8 months and can use it any time.

[azblk 338]

2 minutes ago, arken said:

It depends, if the OPT is STEM extension eligible, one could be working under OPT for 3 years, that’s not temporary for AOS applicants as one could get EAD in 4-8 months and can use it any time.

That make a lot of sense but the USCIS is not known to be a sensible department. By the letter of the INA - Any one with any income illegal or legal can use their income for i-864 purposes yet the USCIS and its predecessor INS decided to interpret the statute in the most restrictive way. Also even by their interpretation anyone with a work permit should be able to use their income for i-864 purposes yet there is a lot of anecdotal evidence that the USCIS routinely refuses to accept that income and asks for a cosponsor. Anyway I said they can try and see what happens. The worst that can happen is the get denied and they refile.

[CJK 32]

Thank you to everyone for your thorough answers! I've decided to play it safe and use a joint sponsor. I appreciate everyone who contributed.