AOS rejected

[Delicia 1]

I submitted a I-864EZ with my husband's AOS packet. I based my numbers off current (2008) income. I make more than 3x the poverty limit for a family of 3 (me, husband, and 1 dependent child) but the problem is, I didn't start working until Oct 2007, so that income is not reflected in my 2007 tax return. When I submitted the 864, I provided several recent pay stubs (those alone show me above the poverty limit in 2008 as far as income earned to date), a letter of employment confirming my current annual salary, as well as the 2007 tax transcript.

Question 1. Has anyone had any luck with getting USCIS to consider current income alone for qualification?

Question 2. If I get a co-sponsor, how long is the co-sponsor's financial obligation? My husband is eligible for a 10-year unconditional green card at the end of this AOS process as we have been married for 3+ years. Since it is an unconditional GC, does the co-sponsor's obligation end at that point?

Thanks.

Edited August 22, 2008 by Delicia

[payxibka 10,045]

I submitted a I-864EZ with my husband's AOS packet. I based my numbers off current (2008) income. I make more than 3x the poverty limit for a family of 3 (me, husband, and 1 dependent child) but the problem is, I didn't start working until Oct 2007, so that income is not reflected in my 2007 tax return. When I submitted the 864, I provided several recent pay stubs (those alone show me above the poverty limit in 2008 as far as income earned to date), a letter of employment confirming my current annual salary, as well as the 2007 tax transcript.

Question 1. Has anyone had any luck with getting USCIS to consider current income alone for qualification?

Question 2. If I get a co-sponsor, how long is the co-sponsor's financial obligation? My husband is eligible for a 10-year unconditional green card at the end of this AOS process as we have been married for 3+ years.

Thanks.

A co-sponsor obligation is the same... it stays in effect until one of the "triggers" it met.... if none of the triggers are met then it never expires.... the most likely first "trigger" would be when your spouse becomes a citizen (if so desired.)

Edited August 22, 2008 by fwaguy

[caregiver4ever 0]

i HAVE BEEN MARRIED 3 YEARS ALSO AND MY HUSBAND JUST GOT HIS GREEN CARD NOW TODAY YE HA. aNYWAY THE CO SPONSER WILL BE OBLIGED TILL HE GETS HIS CITIZANSHIP. YOU WILL BE THE MAIN SPONSER SO ANY PROBLEMS THEY WILL COME TO U FIRST. REALLY ITS NOT A BIG DEAL TO BE A SPONSER. I GOT MY EX HUSBAND TO SPONSER HEHE. AS FAR AS TRYING TO GET AROUND ANYTHING WITH IMMIGRATION FORGET IT!!!!! JUST GET A CO SPONSER AND DONT WASTE TIME TRYING TO ARGUE WITH THEM IT IS WHAT IT IS. i ADE 70 THOUSAND LAST YEAR BEING A FOSTER MOTHER FOR MENTALLY RETATRDED ADULTS AND BECAUSE IT IS TAX FREE INCOME( THE GOVERNMENT DOESNT TAX ITSELF) THEY DIDNT CONSIDER ONE PENNY AND I SPENT 2 YEARS TRYING TO CONVINCE THEM WHAT I MAKE AND IT DIDNT MATTER. jUST FIND A CO SPONSER ANYONE WHO MEETS THE POVERTY GUIDELINES. IF YOUR HUSBAND WORKS HE CAN USE HIS INCOME FROM LAST YEAR ALONG WITH YOURS.GOOD LUCK BUT LIKE I SAID DONT ARGUE WITH THEM IF IT COMES DOWN TO ONE DAY SHORT OF A YEAR THEY DONT CARE. TRUST ME. DONT WASTE TIME JUST FIND A SPONSER.

[Delicia 1]

Sadly, the one person who I know that is not through work has turned us down for co-sponsoring. Seems our best option is to drag this out until I can file my 2008 taxes in January of 2009 and then resubmit.

[Mo_Mati 2]

Are you saying that the AOS was already rejected? Or that you worried about it being rejected?

[Dakine 26]

I submitted a I-864EZ with my husband's AOS packet. I based my numbers off current (2008) income. I make more than 3x the poverty limit for a family of 3 (me, husband, and 1 dependent child) but the problem is, I didn't start working until Oct 2007, so that income is not reflected in my 2007 tax return. When I submitted the 864, I provided several recent pay stubs (those alone show me above the poverty limit in 2008 as far as income earned to date), a letter of employment confirming my current annual salary, as well as the 2007 tax transcript.

Question 1. Has anyone had any luck with getting USCIS to consider current income alone for qualification?

Question 2. If I get a co-sponsor, how long is the co-sponsor's financial obligation? My husband is eligible for a 10-year unconditional green card at the end of this AOS process as we have been married for 3+ years. Since it is an unconditional GC, does the co-sponsor's obligation end at that point?

Thanks.

'Since you can't get a co sponsor I'd wait a liitle while and hit them with more recent income and paystubs. Add up recent income along with projected for the year. Make it REAL clear and simple. Another letter from employer showing you are a good employee with a future at their company.

Just my 2 cents!

How long do you have to respond? Did they send the entire petition back?

[Delicia 1]

I submitted a I-864EZ with my husband's AOS packet. I based my numbers off current (2008) income. I make more than 3x the poverty limit for a family of 3 (me, husband, and 1 dependent child) but the problem is, I didn't start working until Oct 2007, so that income is not reflected in my 2007 tax return. When I submitted the 864, I provided several recent pay stubs (those alone show me above the poverty limit in 2008 as far as income earned to date), a letter of employment confirming my current annual salary, as well as the 2007 tax transcript.

Question 1. Has anyone had any luck with getting USCIS to consider current income alone for qualification?

Question 2. If I get a co-sponsor, how long is the co-sponsor's financial obligation? My husband is eligible for a 10-year unconditional green card at the end of this AOS process as we have been married for 3+ years. Since it is an unconditional GC, does the co-sponsor's obligation end at that point?

Thanks.

'Since you can't get a co sponsor I'd wait a liitle while and hit them with more recent income and paystubs. Add up recent income along with projected for the year. Make it REAL clear and simple. Another letter from employer showing you are a good employee with a future at their company.

Just my 2 cents!

How long do you have to respond? Did they send the entire petition back?

Just to clarify, my Affadavit of Support was rejected not the Adjustment of Status. As far as simplifying the 864EZ I already submitted, I don't know how to simplify it any more. They had paystubs as of mid July when I submitted it at the end of July. I wrote my 2008 expected income (I am salaried so it is easy to figure out) on the 864EZ and submitted a letter of employment which verified my annual salary, my position, and that I was a full time permanent employee.

We have 90 days to respond before they assume the petition was abandoned. We are going to respond in early November right before the 90 days expire and hope for a new 90 clock which will expire after I file my 2008 tax return. I will then just submit a new 864EZ with the new tax return. Just sucks we have to go this route but I can't think of any other options.

[diadromous mermaid 36]

I submitted a I-864EZ with my husband's AOS packet. I based my numbers off current (2008) income. I make more than 3x the poverty limit for a family of 3 (me, husband, and 1 dependent child) but the problem is, I didn't start working until Oct 2007, so that income is not reflected in my 2007 tax return. When I submitted the 864, I provided several recent pay stubs (those alone show me above the poverty limit in 2008 as far as income earned to date), a letter of employment confirming my current annual salary, as well as the 2007 tax transcript.

Question 1. Has anyone had any luck with getting USCIS to consider current income alone for qualification?

Question 2. If I get a co-sponsor, how long is the co-sponsor's financial obligation? My husband is eligible for a 10-year unconditional green card at the end of this AOS process as we have been married for 3+ years. Since it is an unconditional GC, does the co-sponsor's obligation end at that point?

Thanks.

'Since you can't get a co sponsor I'd wait a liitle while and hit them with more recent income and paystubs. Add up recent income along with projected for the year. Make it REAL clear and simple. Another letter from employer showing you are a good employee with a future at their company.

Just my 2 cents!

How long do you have to respond? Did they send the entire petition back?

Just to clarify, my Affadavit of Support was rejected not the Adjustment of Status. As far as simplifying the 864EZ I already submitted, I don't know how to simplify it any more. They had paystubs as of mid July when I submitted it at the end of July. I wrote my 2008 expected income (I am salaried so it is easy to figure out) on the 864EZ and submitted a letter of employment which verified my annual salary, my position, and that I was a full time permanent employee.

We have 90 days to respond before they assume the petition was abandoned. We are going to respond in early November right before the 90 days expire and hope for a new 90 clock which will expire after I file my 2008 tax return. I will then just submit a new 864EZ with the new tax return. Just sucks we have to go this route but I can't think of any other options.

How do you know you'll get the "new 90 clock" after this submission? I wouldn't rest on that, if I were you!

[Urge To Race 2]

USCIS can accept current income in spite of what the prior tax returns indicate (e.g. income less than the poverty line) at their discretion. You had hoped that they would do this in your case. Trying to more clearly explain your current income is good enough won't suffice. They saw it. Obviously, they have decided not to do so. You will need a joint sponsor. Can you find anyone that is a US domiciled USC or LPR over 18 willing to help?

I submitted a I-864EZ with my husband's AOS packet. I based my numbers off current (2008) income. I make more than 3x the poverty limit for a family of 3 (me, husband, and 1 dependent child) but the problem is, I didn't start working until Oct 2007, so that income is not reflected in my 2007 tax return. When I submitted the 864, I provided several recent pay stubs (those alone show me above the poverty limit in 2008 as far as income earned to date), a letter of employment confirming my current annual salary, as well as the 2007 tax transcript.

Question 1. Has anyone had any luck with getting USCIS to consider current income alone for qualification?

Question 2. If I get a co-sponsor, how long is the co-sponsor's financial obligation? My husband is eligible for a 10-year unconditional green card at the end of this AOS process as we have been married for 3+ years. Since it is an unconditional GC, does the co-sponsor's obligation end at that point?

Thanks.

'Since you can't get a co sponsor I'd wait a liitle while and hit them with more recent income and paystubs. Add up recent income along with projected for the year. Make it REAL clear and simple. Another letter from employer showing you are a good employee with a future at their company.

Just my 2 cents!

How long do you have to respond? Did they send the entire petition back?

Just to clarify, my Affadavit of Support was rejected not the Adjustment of Status. As far as simplifying the 864EZ I already submitted, I don't know how to simplify it any more. They had paystubs as of mid July when I submitted it at the end of July. I wrote my 2008 expected income (I am salaried so it is easy to figure out) on the 864EZ and submitted a letter of employment which verified my annual salary, my position, and that I was a full time permanent employee.

We have 90 days to respond before they assume the petition was abandoned. We are going to respond in early November right before the 90 days expire and hope for a new 90 clock which will expire after I file my 2008 tax return. I will then just submit a new 864EZ with the new tax return. Just sucks we have to go this route but I can't think of any other options.

[pushbrk 12,883]

USCIS has a lot of new employees and some contractors actually do most preliminary screening. I would call NVC as an RFE recipient and see if you can talk to a supervisor for some advice. Your income qualifies you to sponsor your spouse.