Jess M
Aug 11, 2021
F1 AOS: Using OPT income for I-864
Hello everyone,
Can you share a story when you use F1 OPT income to meet the requirements for I-864 AND was accepted by USCIS (no RFE)? If you did get RFE and couldnt find a joint sponsor, what did you do?
Thank you!
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Adam TAug 11, 2021
I am assuming it is a family AOS?
So, my understanding is that your spouse can sponsor you and use your income as long as you both live at the same address. Since who submit I-864 has to be a US citizen, permanent residence.
But others can correct me if I am wrong.
Jess MAug 11, 2021
@AdamT : it is family based AOS. my husband’s (us citizen) income isnt enough so we want to use my income to supplement his. but i’ve heard stories where people got RFE because the income from OPT cannot be used :(
Adam TAug 11, 2021
I am in a similar situation but have not submitted mine. However, here is what I-864 instruction says "If certain conditions are met, an intending immigrant’s income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status."
But definitely people experience is the best examples! Good luck
Jess MAug 11, 2021
Some people’s I-864 with that case got approved (no RFE) and more people got RFE because of it. Im just confused since if we’ll be screwed if we get RFE because we dont have anyone who can be the joint sponsor. what do you do with your I-864?
Adam TAug 11, 2021
That is correct! Hopefully, you will be one of the people who get approved! I have not submitted the whole AOS package yet.
Jess MAug 11, 2021
i really hope so! do you use your income as well?
Adam TAug 11, 2021
yes, I am going to do that, it is also on F1 visa ( has not graduated yet)
Jess MAug 11, 2021
oh wow we’re in the similar situation but i graduated last year. im gonna update what happens after isubmit my package. you can always go backto this comment if you want to. do you use lawyer? im preparing it myself because i dont have the funds for a lawyer
Adam TAug 11, 2021
Yes, I will definitely update you! I am not using a lawyer for the process, and I do not see any reason to do that since applications are straightforward, and if I do not understand something well, I always go back for the form instructions. Sometimes they can be lengthy, but I like to do things on my own, for financial and personal reasons, especially if you do not have any things to worry about in terms of admissibility and legitimacy of the marriage. Good luck!
Jess MAug 12, 2021
me too i put together the package and i like to be meticulous and specific about everything. My hubby just cheering me on in the background hahah
Adam TAug 12, 2021
All the best 😊
Adam TSep 11, 2021
The AOS was received on Aug 20, and I received receipts for that! I am not sure if that means the I-864 was okay, or after it is your turn, they look further into it. have you heard anything yet?
Jess MSep 11, 2021
Hey! my AOS was received on Sept 3. i havent received the receipt in the mail yet but my I-485 status says “we are actively reviewing your case”. Im not sure with my i-864 yet haha i think they’re still reviewing our case though
Adam TSep 19, 2021
That sounds great to me! all the best and thanks for the updates
Jess MSep 23, 2021
you’re welcome! i finally got receipts notice for i-130,i-485,i-765 and also another separate notices for online codes for i-130 and i-485.
Adam TSep 23, 2021
glad to hear that! that really took so long for you. So, your receipts number starts with IOE? my wife ones are all start with that and interestingly they do not have an A- number on them. does your have ?
Jess MSep 23, 2021
yeah all of my receipts (i-130, i-485, i-765) start with IOE. On i-130 receipt there is no A-number bc my husband who is the petitioner is a US citizen. Other receipts (i-485&i-765) have the A-number and it’s the same A-number that i got when filing for my OPT
Nhan TranJun 7, 2023
Any Update on this would be helpful, i am in this situation, F1 OPT and same situation
muhammad abdullahDec 20, 2023
Same question, did you get the green card?
