Can I use my wife's income from OPT job to sponsor her for GC?

Andrew writes, "I met my wife on campus and we just got married.  She has since started to work on her optional practical training (OPT) and we are planning to use her monthly income on the affidavit of support.  It is more than enough to take us over the poverty level since I am still studying and have no meaningful income other than occasional part time work that I can get.  Will this make USCIS happy?"



The problem with OPT employment is that it has an end date and if you file the paperwork closer to the end date, the affidavit of support may not be accepted because afterwards she will not be legally authorized to work.  So just to make absolutely sure that your Form I-130 is approved for her to become a permanent resident, ask her to get a letter from her employer that they plan to keep her employed after the end of her OPT (assuming that she is legally authorized to work) and that should do the trick.  Make sure that you also attach her recent paystubs.