Sticky situation.

[sony123 0]

My spouse and I filed for I-130 in July 5, 2010 along with I-864, I-485, and other required forms. (etc)

I'm a student, (duel citizen (american & candian)) and I am sponsoring my spouse who was on F1/OPT visa. His OPT ended July, we applied before that date.

I moved to US in September 2009 for an internship where I was making 800/month (stipend). I never filed a tax return, because I am under the impression I'm exempt b/c it is <$9,350. My internship ended in July, therefore I worked 11 months. (Total Income=$8800)

Technially, I am "unemployed" now. My post graduate program starts on August 30, 2010. (That is my official start date) I will be earning a salary of 21,000K/year.

Since I never filed taxes, and we already sent my offer letter (for the post-grad position), what else can I submit? We do not have a co-sponsor.

We recieved the RFE on August 5, 2010.

1) If we wait until August 30,2010 to respond (or sometime around then) will my husband have to leave the county?

2) How many days do we have, to respond to the RFE? Is there some kind of deadline?

Thanks for your help!

[belinda63 3,047]

Knowing exactly what the RFE said would be a big help.

1. If you were not required to file taxes you must submit an explanation as to why. For example, I have no tax returns for the years 2008, 2009, and 2010 because my income was below the amount for filing.

2. Does the letter say anything about your income being too low or needing a co-sponsor?

3. There is a date on the RFE that the response must be RECEIVED by (recommend delivery confirmation) and failure to respond by this date will result in a denial.

4. If the AOS is denied the applicant will have to leave the country.

[sony123 0]

Thank you for your quick response Belinda63.

I don't have the document with me, per say. I'm out of town currently, its' with my husband who is pretty much very "anxious" about the whole situation.

Edited August 10, 2010 by sony123

[Darnell 8,479]

You didn't file the I-864? OUCH.

Suggest you get a co-sponser, you file an I-864 and yer co-sponser files an I-864.

File both as 'response to RFE'.

Good Luck !

[sony123 0]

You didn't file the I-864? OUCH.

We did file an I-864. Thank you for your suggestion.

Edited August 10, 2010 by sony123

[JimVaPhuong 4,863]

belinda's advice was correct. The instructions for the I-864 explain what to do. Include a statement explaining why you were not required to file a tax return.

Your current income will be used to determine whether you qualify as a sponsor. You usually have a bit less than 3 months to respond to the RFE. If you save every pay stub you get, and submit the RFE near the end of the window, then it may be enough to qualify. To be honest, I think there's a pretty strong chance they'll require a co-sponsor. You should probably try to line one up.

[Laura & Kyle 16]

I don't know your age, but I'm thinking if your parents claimed you as a dependent the past three years, you could bring a copy of those to the interview. I say that because although I provided all the evidence necessary when I filed, it made me feel more comfortable having those documents. Follow Belinda's advice regarding the RFE though. You really only have one chance to provide what they are requesting from you when replying to the RFE. Good luck.

[Anh map 2,098]

We did file an I-864. Thank you for your suggestion.

A job offer will not counted toward the 125% income amount. See this I-864 FAQ >> http://travel.state.gov/visa/immigrants/info/info_3183.html#_Can_a_credible Waiting to respond until after you begin collecting your salary ought to be helpful to your I-864 submission. Be sure to respond by the date given in the RFE.

As part of your RFE response include the letter specified by the I-864 instructions (page 8) regarding you not being required to file a tax return. Also addressed in the FAQ here >>> http://travel.state.gov/visa/immigrants/info/info_3183.html#tax_return