Unemployed sponsor - problems with I-864

[SwedeInCali 0]

I was not surprised when a yellow Request for Initial Evidence showed up in our mailbox on Saturday, but we really needed to send off the AOS package in regards of my EAD renewal and were hoping for the best. We also met a lawyer in beforehand who said our case should be solid. But - I am also used to struggle and fight my way through - as I will this time.

Story: My husband since Feb 2011 is currently unemployed. He has been working on side projects and receiving enough unemployent benefits to get by. His intention is to get back to work within the next month, he is an manufacturing engineer. I came here as F1 student, applied for OPT and have been working as of Jan 2011, making well over the poverty line. We have lived together for 8 months (submitted evidence for this) which is why we included me as a household member on our I-864, my husband also has assets of approx $50,000.

They are now asking for the sponsor's proof of income (we stated $24,000). So should we make copies of his unemployment checks? Is that enough evidence? Will his unemployment even count or should we focus on the issues below?

They are asking for the household members Federal Income Tax Return and supporting tax documentation like W2s and 1099s for the most recent year.

It also says "if not required to file income tax, attach a written explanation and if applicable, evidence of the exemption and why you are subject to it".

So would a letter explaining that I was a student and started my OPT i January and therefore didn't pay tax 2010 be enough? What kind of other evidence could I submit to proof this?

Is it worth calling the USCIS Customer Service Center for clarification, should we hire a lawyer...or simply wait until my husband gets back to work? Which might cause a gap between my EADs and loosing my job.

I am confused and a bit tired of it all...we just want to start our life together, work, pay our taxes and live happily ever after - why is it so hard??

[Harpa Timsah 13,258]

No need to hire a lawyer if you can read the directions and follow them thoroughly. This time, no offense, you did not follow the directions completely, because these items are in the instructions. But it is all fixable so just relax and follow through

1. Proof of income. You normally submit a letter from an employer. I am not sure if unemployment counts towards the affidavit requirements, especially since it is temporary. That question I will have to defer to someone else. Though yes, I would submit the record of his unemployment claim.

2. Your tax returns. No, saying you are a student is not enough. Many people believe that students are not required to file tax returns, but if they earn income over a certain amount, then they are required. You need to submit a statement that says you did not earn enough income to require that you file tax returns, and cite the tax code showing that. If you earned zero, then it is easy. But if you worked part time on campus, you may be required to file tax returns.

Good luck and don't give up now!

[SwedeInCali 0]

No need to hire a lawyer if you can read the directions and follow them thoroughly. This time, no offense, you did not follow the directions completely, because these items are in the instructions. But it is all fixable so just relax and follow through

1. Proof of income. You normally submit a letter from an employer. I am not sure if unemployment counts towards the affidavit requirements, especially since it is temporary. That question I will have to defer to someone else. Though yes, I would submit the record of his unemployment claim.

2. Your tax returns. No, saying you are a student is not enough. Many people believe that students are not required to file tax returns, but if they earn income over a certain amount, then they are required. You need to submit a statement that says you did not earn enough income to require that you file tax returns, and cite the tax code showing that. If you earned zero, then it is easy. But if you worked part time on campus, you may be required to file tax returns.

Good luck and don't give up now!

Thanks for your reply!

I earned $0 last year. So the statement you're suggesting can be written by myself or do I need to get some evidence from the IRS?

It was stupid not to submit proof of my husband's unemployment, we just thought they wouldn't even take it into consideration so it must have slipped my mind

[Harpa Timsah 13,258]

The statement can be from you. So there you go, all fixed! Submit your evidence (including the unemployment) and send that RFE back!