I864 - Can intended Immigrant serve for Household Income and what proof is needed

[Felk1909 0]

Hi All,

 

First, thanks to all of you here for providing guidance on everything!

 

I am currently in the process to apply for a marriage based Green Card while being in the USA.

I came to the US in 2019 on a student VISA, have been studying and working on this until now.  (I got my BBA, worked on OPT for roughly 10 months before going for my MBA and then working on CPT for 2.5 months and now on my OPT since August 2022).

 

My current OPT is valid until End of August 2025, so more than a year for sure. 

I make significantly more than my wife and have been working for this company for 1.5 years.

My wife just started her Job 6 months ago and would qualify for the 125% rule, yet the years before that she would be under based on Tax Returns and Paystubs.

 

So my question is as I have proof of longer Employment History and with my OPT being valid until End of August 2025, would I qualify to add to the Household Income?

Her parents are cool serving as a Co-Sponsor so it's not a desperate matter, but if we can do this on our own that would be nice.

 

Also, if the above question is true, what would I need to prove? My employer already said they would provide a document stating their commitment if the Work Authorization pertains.

 

On another note, I know I can apply for a Work Authorization document during the application, can I apply for that and would that in combination with my Employer's commitment work?

 

I hope those questions make sense.

 

Was anybody else in this situation before and has advice?

 

I am leaning towards just involving the parents especially with the Paystub history, but looking for these answers first.

The Instructions for I864 are a little confusing when it comes to this part. 

You could basically interpret it multiple ways.

[Boiler 45,531]

To include a household member’s income, the household member and sponsor must together complete and
sign the Form I-864A Contract Between Sponsor and Household Member. As the name suggests, this is a
contract between the contributing household member and the sponsor. In that contract, the household
member agrees to be jointly and severally liable for all of the sponsor’s obligations under the Affidavit of
Support. In other words, the household member would be just as responsible as the sponsor would be if the
sponsor were sued and had to pay out money.

 

Unlike other household members, the intending immigrant does not have to sign an I-864A, as long as s/he is
immigrating by herself (i.e., she is not immigrating with a spouse or child).

[Felk1909 0]

Hi Boiler. Thank you for sharing that. 
This is not really what I asked though. I understand that under certain circumstances my income can be added. But I am trying to figure out if my situation applies