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can F-1 use her income from school when sponsor files I-864?

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  • can F-1 use her income from school when sponsor files I-864?

    Hi, I'm currently in F-1 status (student) and my USC husband is filing my green card application. When he is filing I-864, his own income is not enough. So I was wondering if we can use my income (from teaching on-campus) in order to meet the requirement. I asked two different school immigration consulars and they gave me different answers...yes and no... I have tax for the past 3 years and employment letter from school HR stating I will be working until 2017 May. Is it gonna work as proof? One consular said because I'm F-1 student, USCIS people won't even look at my income since I don't have a work permit. I'm really confused now. Trying to use my income because if we need to find someone else as a joint sponsor it's gonna take a lot of time while I was planning to mail the application very soon...
    Did any F-1 person experienced this situation before? What happened after you filed application using F-1's income?
    Thanks for any reply.

  • #2
    Your income can be counted if 1) you are working legally, and 2) your income will continue from the same source after getting permanent residence.

    There is no question that you are working legally. Just because you don't have an EAD doesn't mean you aren't working legally. F-1 students are allowed to work on campus without any additional document. I think your F-1 I-20 showing where you go to school plus evidence that the job is from the same school should be enough proof.

    As for the other condition, your job will continue after you get your green card, it's more ambiguous. Logically, if you were to become a permanent resident while you are still working at this job at your school, I think you should be perfectly able to continue working in the job (you wouldn't be F-1 anymore but as a permanent resident you can work freely), unless your school has some weird rule that the job is only for international students or something like that. I think this condition is mainly for immigrants who have jobs abroad, who won't continue it once they move to the US; and for jobs in the US, this condition should normally be automatically satisfied. But I am not sure how the immigration officer will consider it; will he consider that a job on campus won't continue after immigrating?

    This is my personal opinion and is not to be construed as legal advice.

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