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  1. #1
    Join Date
    Jul 2009
    Posts
    1

    Question Married an Immigrant on Student Visa, But Who is Now on OPT

    We applied for Adjustment status in the state of Oklahoma for my husband ( married in 08), who is currently working post-graduation in Dec 2008. He entered legally with his school visa. The school visa expired Dec. '08, but the school granted him OPT and he as a valid EAD card.

    We had our baby in Feb '09, and my husband's job is in the same state as school, but a different town. Therefore, we had to move and I am currently unemployed and looking but he is working at 64000/year.

    So my question is: We just started the paperwork in June '09...will they have problems with me not working?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Married an Immigrant on Student Visa, But Who is Now on OPT

    If your spouse has that level of income, your spouse can complete Form I-864A to have his income counted toward the 125% requirement.

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