Using Intended Immigrant's income for I864 then work permit expired

[SMX]

Hi everyone,

I married to a USC and filed Marriage-based green card application in May 2018, my spouse is still a student in school so we decided to use my income (intended immigrant) for the I864 Affidavit of Support, however my EAD card (OPT) expired in July 2018 so I am currently on unpaid leave, is this situation going to impact my green card application, which is already on-going?

Really appreciate if anyone can help. Thanks in advance.

[Tezza]

Hi everyone,

I married to a USC and filed Marriage-based green card application in May 2018, my spouse is still a student in school so we decided to use my income (intended immigrant) for the I864 Affidavit of Support, however my EAD card (OPT) expired in July 2018 so I am currently on unpaid leave, is this situation going to impact my green card application, which is already on-going?

Really appreciate if anyone can help. Thanks in advance.

It could. If you get to the interview stage and the officer decides to ask you for pay stubs from 3 months or 6 months before, you could fall into trouble. They also sometimes ask for a letter from the employer stating hours and rate of pay.

They don't always ask for this, but it's on the interview notice to bring this kind of thing to the interview with you just in case.

[SMX]

It could. If you get to the interview stage and the officer decides to ask you for pay stubs from 3 months or 6 months before, you could fall into trouble. They also sometimes ask for a letter from the employer stating hours and rate of pay.

They don't always ask for this, but it's on the interview notice to bring this kind of thing to the interview with you just in case.

Thanks for your answer! I asked my company to provide a statement that they will put my position on hold till I get the new EAD/AP card, I will take that to the interview. Do you think it will help?

[newacct]

Thanks for your answer! I asked my company to provide a statement that they will put my position on hold till I get the new EAD/AP card, I will take that to the interview. Do you think it will help?

No. 1. It has to be current (that moment) income, and if you are unpaid you have no income. And 2. your income only counts if you are authorized to work in the US.

Hopefully you get your EAD before the interview.

[SMX]

No. 1. It has to be current (that moment) income, and if you are unpaid you have no income. And 2. your income only counts if you are authorized to work in the US.

Hopefully you get your EAD before the interview.

This is very helpful. Thank you!

[UScitizenFilingforspouse]

Hi everyone,

I married to a USC and filed Marriage-based green card application in May 2018, my spouse is still a student in school so we decided to use my income (intended immigrant) for the I864 Affidavit of Support, however my EAD card (OPT) expired in July 2018 so I am currently on unpaid leave, is this situation going to impact my green card application, which is already on-going?

Really appreciate if anyone can help. Thanks in advance.

Did you file for the EAD/AP when you filed for AOS? You can use that letter your employer wrote to expedite your c9 employment authorization; i.e., the EAD. It takes around 3 weeks if you show evidence that you are now on leave because you do not have the EAD.

Call early tomorrow morning and state that you are calling to request expedited processing of your I-765 and I-131 (Travel document). The tier 1 officer will start the request to expedite. They should generate a confirmation number for each application. They have to enter a request to expedite your I-765 and another to expedite your I-131 separately. Unless you do this, you may not get the combo card. The confirmation numbers will be visible on your egov account. They will tell you that you should get a response within 5 days. This "response" is really a letter asking you for evidence of a job offer or job loss, etc. The letter includes a fax number. You do not have to wait for the letter. As soon as you get off the phone send the evidence to the NBCs fax 1-816-251-2290.
No worries, you will only provide evidence for the I-765 but they will approve both.
You could involve your congressperson or senator in this matter, too.