i864- Has anyone successfully filed with using only intending immigrant's income?

[Baba+7917 0]

On 10/8/2020 at 10:41 PM, elmers said:

Correct. No co-sponsor, just my salary. Not sure if bank balance is considered an asset but we showed this. Combined between checking & savings, we probably had ~30K cash I think. Nothing else for finances.

 

And no, no questions were asked about income at the interview. My spouse was still a student during the interview but we weren't asked anything about finances. The interviewer went over the questions from 485 form, and some basic relationship questions like how we met, why we got married in city A even though we are currently living in another city, etc.

 

 

On 10/6/2020 at 10:27 AM, elmers said:

I adjusted from J1 and used my income only. My USC spouse was a student and had zero income at the time of application. No issues in adjusting. We did get an RFIE which is because I forgot to send documents showing lawful employment along with the I-864. Just make sure you sent I-94, pay slips, tax transcripts, letter from your employer (department/college) saying your job is relatively secure, and you'll be fine.

 

4 hours ago, eckoin said:

I quite vividly recall that F1 income is frowned upon. The idea is that F1 jobs are supposed to be explicitly for "get experience and leave", and some COs therefore do not consider it as permanent income. Someone else can pitch in, I think I got that from geowrian a few years back. 

 

I also was the sole income earner when I applied for AOS, but I was on a work status. My employer signed a letter that said, "eckoin works as XYZ at ABC, from her start date of 123. Her salary is $456. Pending her successful adjustment of status to permanent residency, her contact will continue past her current TN status expiry in accordance to the employment laws." Or something like that. They didn't want" permanent " anywhere in the letter, because of right to work laws, so it was a sort of," yeah we'll keep her if we legally can provided that we want to, and right now we do". 

@elmers May I ask the work visa you were on, is it a part of J1? Or is it like exchange visitor worker (if thats a thing)? Thank you!

[eckoin 211]

3 minutes ago, Baba+7917 said:

hmm have you seen or heard of cases where F1 income is rejected? When I went to do the lawyer consultation I did say I am on F1 OPT and they said it's fine. I am not sure if it's they didn't pay attention to that or what. Now I need to do some double check...

Here's one of the responses regarding the F1 income: 

There were similar threads about it. 

 

Ultimately, if you have nothing else, you can go ahead and send it off. You just need to prove that the income is legal (which it is), and will continue from the same source (ie not tied directly to your F1 status). But from what I recall a couple of years ago, some people did just fine and others got RFEs, so it is somewhat under the officer's discretion. I remember they used the "OPT is for experience only" sort of reasoning. 

[Baba+7917 0]

4 hours ago, eckoin said:

I quite vividly recall that F1 income is frowned upon. The idea is that F1 jobs are supposed to be explicitly for "get experience and leave", and some COs therefore do not consider it as permanent income. Someone else can pitch in, I think I got that from geowrian a few years back. 

 

I also was the sole income earner when I applied for AOS, but I was on a work status. My employer signed a letter that said, "eckoin works as XYZ at ABC, from her start date of 123. Her salary is $456. Pending her successful adjustment of status to permanent residency, her contact will continue past her current TN status expiry in accordance to the employment laws." Or something like that. They didn't want" permanent " anywhere in the letter, because of right to work laws, so it was a sort of," yeah we'll keep her if we legally can provided that we want to, and right now we do". 

 

5 minutes ago, eckoin said:

Here's one of the responses regarding the F1 income: 

There were similar threads about it. 

 

Ultimately, if you have nothing else, you can go ahead and send it off. You just need to prove that the income is legal (which it is), and will continue from the same source (ie not tied directly to your F1 status). But from what I recall a couple of years ago, some people did just fine and others got RFEs, so it is somewhat under the officer's discretion. I remember they used the "OPT is for experience only" sort of reasoning. 

Thank you for the info. I will review them.

[eckoin 211]

5 minutes ago, Baba+7917 said:

 

Thank you for the info. I will review them.

Found what I think was the original thread that had the actual copy of the RFE: 

This has since come up every time a relevant RFE request was posted about, but do take it with a grain of salt - I'm sure it worked out just fine for plenty of people. Just be prepared, but if your employer can write a letter stating that they will extend your contract pending your permanent residency application approval, I'd say it's good enough. 

[Baba+7917 0]

6 minutes ago, eckoin said:

Found what I think was the original thread that had the actual copy of the RFE: 

This has since come up every time a relevant RFE request was posted about, but do take it with a grain of salt - I'm sure it worked out just fine for plenty of people. Just be prepared, but if your employer can write a letter stating that they will extend your contract pending your permanent residency application approval, I'd say it's good enough. 

Thanks for the help! So what my employer gave me was:

 

And like I mentioned in earlier comments, when I said can we put something to state that my employment is not temporary, their full response is below:

"That could be an issue as your employment is strictly contingent upon the client's interests and needs. If the client decides to terminate the contract due to any reason including lack of budget or your performance, your employment ends unfortunately. To say to USCIS that your job is permanent, we could be violating few things here. We have given a similar letter in the past stating about the full-time nature of the job and there were no issues with it. ".

 

So.....I am not sure if they will be willing to put that they will extend my contract pending my permanent residency application approval

 

[eckoin 211]

1 minute ago, Baba+7917 said:

Thanks for the help! So what my employer gave me was:

 

And like I mentioned in earlier comments, when I said can we put something to state that my employment is not temporary, their full response is below:

"That could be an issue as your employment is strictly contingent upon the client's interests and needs. If the client decides to terminate the contract due to any reason including lack of budget or your performance, your employment ends unfortunately. To say to USCIS that your job is permanent, we could be violating few things here. We have given a similar letter in the past stating about the full-time nature of the job and there were no issues with it. ".

 

So.....I am not sure if they will be willing to put that they will extend my contract pending my permanent residency application approval

 

You need to prove basically two things: legal, and will continue from the same source. There has to be some language that they can include to confirm that the income will continue from the same source. 

 

"Her contract is contingent upon client needs, and at this time we expect no changes to market requirements, and as such foresee her employment to continue pending legal authorization, until further written notice." 

 

As such, there's no indication that your employment is not a contract with an end date, tied to your OPT explicitly, or in general will continue from the same source. Convince them to add *something* that would at least clarify that there is no explicit end date, and your permanent resident status will allow for the status quo to continue. 

[Baba+7917 0]

3 minutes ago, eckoin said:

You need to prove basically two things: legal, and will continue from the same source. There has to be some language that they can include to confirm that the income will continue from the same source. 

 

"Her contract is contingent upon client needs, and at this time we expect no changes to market requirements, and as such foresee her employment to continue pending legal authorization, until further written notice." 

 

As such, there's no indication that your employment is not a contract with an end date, tied to your OPT explicitly, or in general will continue from the same source. Convince them to add *something* that would at least clarify that there is no explicit end date, and your permanent resident status will allow for the status quo to continue. 

ok.. I will need to convince them to add that. Thanks. 

[elmers 293]

10 hours ago, Baba+7917 said:

 

 

 

@elmers May I ask the work visa you were on, is it a part of J1? Or is it like exchange visitor worker (if thats a thing)? Thank you!

So... I am not sure if one would call my type of J1 a work visa or not. My J1 wasn't explicitly called a work visa, as in, it was not the annual J1 visa given to workers to come help in US farms, industries, etc. The title for my J1 was 'exchange research scholar' with multiple years of stay allowed. I do think that as long as you have enough income and can provide documents to support that, you should be okay.

[Baba+7917 0]

On 10/13/2020 at 10:18 PM, eckoin said:

You need to prove basically two things: legal, and will continue from the same source. There has to be some language that they can include to confirm that the income will continue from the same source. 

 

"Her contract is contingent upon client needs, and at this time we expect no changes to market requirements, and as such foresee her employment to continue pending legal authorization, until further written notice." 

 

As such, there's no indication that your employment is not a contract with an end date, tied to your OPT explicitly, or in general will continue from the same source. Convince them to add *something* that would at least clarify that there is no explicit end date, and your permanent resident status will allow for the status quo to continue. 

Was trying to ask my employer to add that the employment doesn't have specific end date and my permanent resident status will allow for the status quo to continue but this is their response:

 

So I am not sure what I should do then. 

[eckoin 211]

17 hours ago, Baba+7917 said:

Was trying to ask my employer to add that the employment doesn't have specific end date and my permanent resident status will allow for the status quo to continue but this is their response:

 

So I am not sure what I should do then. 

Sounds like you have pretty much just one option - submit what you got, and if USCIS doesn't like it, they will send you an RFIE.  

[elizabethquestion 13]

I submitted with my F1 income (much higher than threshold) and my husbands income. His alone barely met the threshold. They still requested a joint sponsor which means they didn’t take my income into consideration at all. 

[mewe 0]

On 10/19/2020 at 10:47 PM, Baba+7917 said:

Was trying to ask my employer to add that the employment doesn't have specific end date and my permanent resident status will allow for the status quo to continue but this is their response:

 

So I am not sure what I should do then. 

Did you end up using your F-1 income then? I'm curious if it worked since it's been 2 years and I'm currently also in the same position...