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Adjustment of Status & Affidavit of Support When Spouse Has No Income

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  • Adjustment of Status & Affidavit of Support When Spouse Has No Income

    My spouse is a US citizen. He has worked some part time jobs but no real income and was not required to file an income tax return for 2016. He is still a student.
    I am an F-1 with OPT ending soon, not out of status yet and will file for adjustment of status based on marriage before my status is over.
    I have filed an income tax return for 2016 just now and my income was enough to cover both of us(125% over poverty level for our household size). We live together. No children.
    Will it be sufficient to just send in my tax return and have my(intending immigrant) income counted for the affidavit of support, since it's a household income?
    Or will this not work because my spouse isn't working/has no return?

    Thank you so much in advance for your response. This has been really stressing me out, I've been in tears all day because all these forms are pressuring me immensely.

  • #2
    It's not whether you filed a tax return or how much was on the previous year's tax return that matters; it's your current (right this moment) income that matters. As the intending immigrant, your income can be counted in the sponsor's household income if you are authorized to work in the US and the income will continue after immigrating. If your income right now (today) is sufficient, then that is enough. The problem is that your OPT is ending soon, so soon you will have no work authorization, and you will have no income that can count, and they will notice this because the EAD you send in to prove that you are authorized to work will expire. Hopefully, they will only ask about whether the income is the same at the interview, and hopefully by then you have received your EAD based on AOS, and you have started work again. Otherwise, at that point you may have to find a joint sponsor.

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

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    • #3
      Thank you so much for your response and time! This helps a lot.

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