My AOS problem ,,, please advice

[mo3en 0]

i got my k1 visa ,, and i got here to US at 28th of may , we got married at 6th of june ,, then we mailed everything the USCIS need for AOS .. at 24th of june they received my papers and they schedule my biometric at july 18th ... before my biometric appointment came .. the status online changed to request of evidence .. and they sent a letter for me .. it says my wife income did not meet the minimum requirement .. i went to my biometric and then i take care of the sponsor .. we put her brother as joint sponsor .. the status changed to request of evidence review . after 2 weeks ,, just august 3rd .. it changed to request of evidence again ...

now im waiting for the letter i dont know really what happening ,, my wife income its 21,120 .. but the last 3 years income taxes was less then 10,000 every year .. we thought maybe cos of that we had the first letter ... then we put her brother as joint sponsor ,, but he dont have 3 years taxes cos he just start working july 2010 .. so he filed taxes only for 6 months in 2010 . and his income in these 6 months is 24,495 ... he makes 48,000 a year and his married but no kids and he only sponsor his wife for marriage visa, shes not here yet, so we thought he will be enough for sponsoring me .. please can you help me with this problem ,,, we cant hire a lawyer ,, no money for that .. thank you

Edited August 5, 2011 by mo3en

[VanessaTony 3,567]

you would have had to have sent a letter explaining why taxes weren't filed for your brother the previous 2 years. Did you do that?

It could be another issue. Wait till you get the RFE

[KayDeeCee 4,896]

i got my k1 visa ,, and i got here to US at 28th of may , we got married at 6th of june ,, then we mailed everything the USCIS need for AOS .. at 24th of june they received my papers and they schedule my biometric at july 18th ... before my biometric appointment came .. the status online changed to request of evidence .. and they sent a letter for me .. it says my wife income did not meet the minimum requirement .. i went to my biometric and then i take care of the sponsor .. we put her brother as joint sponsor .. the status changed to request of evidence review . after 2 weeks ,, just august 3rd .. it changed to request of evidence again ...

now im waiting for the letter i dont know really what happening ,, my wife income its 21,120 .. but the last 3 years income taxes was less then 10,000 every year .. we thought maybe cos of that we had the first letter ... then we put her brother as joint sponsor ,, but he dont have 3 years taxes cos he just start working july 2010 .. so he filed taxes only for 6 months in 2010 . and his income in these 6 months is 24,495 ... he makes 48,000 a year and his married but no kids and he only sponsor his wife for marriage visa, shes not here yet, so we thought he will be enough for sponsoring me .. please can you help me with this problem ,,, we cant hire a lawyer ,, no money for that .. thank you

Did you provide proof of your wife's current income, and not just show her last 3 years tax transcripts? If she makes enough for just the 2 of you, then have her show a letter from her employer stating her position and salary, and to send in the last few months worth of her pay stubs.

If her brother did not file taxes the last 3 years, he needed to send in a statement attesting as to why he legally did not have to file taxes those years he did not file. He would also need a letter from his employer stating his position and salary and last few months worth of pay stubs.

Wait for the RFE and see what it is asking for, so you know for sure what is needed. Send in your wife's documents that prove her income along with what you send back for this new RFE. Perhaps think about getting a new joint sponsor that has filed taxes the last 3 years, and has held their job for a longer period of time to avoid future troubles?

Edited August 6, 2011 by Jay-Kay

[mo3en 0]

thank you for answering me .... i have one question >> how much she should be making a year , so its enough for me and her ... and if we put her brother ,, how much he should be making a year ,,, to sponsor me and his wife also ... so the household size for her brother is 3 him and his wife ad me .. and for my wife is 2 ? she and me ?

so if the RFE is still about the sponsor ,...

i have to send the form again with a letter from her work and ... and the form again for her brother with a letter describing why he did not file taxes for the last three years and with a letter from his work also ,,, is that correct ... ?

thank you so much again ,,,, i really do appreciate your help ..

[mo3en 0]

hello ...

we got the letter from the USCIS . we accidentally did not submit her brother last year tax return .

now im going to resubmit the for i-864 for him again ,, cos i just found out that he have dependence on him ,, 2 children and plus his wife ,, so his household size is 5 including me and the children and the wife and himself ..

my question is ,, my wife income is 21,120 a year and his income is 48,000 a year .. my wife dont have any household size except me ,, i just want to know if his enough as my joint sponsor ., please advice ,, thank you

[KayDeeCee 4,896]

hello ...

we got the letter from the USCIS . we accidentally did not submit her brother last year tax return .

now im going to resubmit the for i-864 for him again ,, cos i just found out that he have dependence on him ,, 2 children and plus his wife ,, so his household size is 5 including me and the children and the wife and himself ..

my question is ,, my wife income is 21,120 a year and his income is 48,000 a year .. my wife dont have any household size except me ,, i just want to know if his enough as my joint sponsor ., please advice ,, thank you

Yes, she has enough for 2 people, and yes, he has enough for 5 people. See the poverty guidelines here: http://www.uscis.gov/files/form/i-864p.pdf

[mo3en 0]

thank you for answering me ,,,

so why the first time they did not approve her ,, we were thinking cos her tax income for the last three years ,, was less than 10,000 dollars .. only this year shes making enough ,,,

[KayDeeCee 4,896]

thank you for answering me ,,,

so why the first time they did not approve her ,, we were thinking cos her tax income for the last three years ,, was less than 10,000 dollars .. only this year shes making enough ,,,

I am not sure why. Like I said before, have her send a letter from her employer stating her position and salary, and send in the last few months worth of her pay stubs. Maybe they were not convinced of her income, or maybe since she had not held her job that long, they wanted her to secure a joint sponsor. Just send in all the evidence you can to prove her income, and that of the joint sponsor along with his tax transcript when you return the RFE.

Edited August 8, 2011 by Jay-Kay

[Penguin_ie 5,997]

Are you saying your wife makes 21'000 but only declares 10'000? Or is some of her income non-taxable? If so, that might be a reason why she was denied. You should be fine with the co-sponsor, just make sure you include not only the tax return but also explanation why he didn't file for the other two years.

[mo3en 0]

thank you all for answering me ...

what im saying is ,, for the last 3 years my wife was working and quitting thats why her income was low .. only since july 2010 until now she held a job and her yearly salary is about 21,000 //

ok im thinking of resubmit the form for her and for the joint sponsor both of them ,,, but my question is .. when i submit the whole package first time ,, my wife's last name was not changed ,, after awhile of submitting the papers she changed her last name to my last name ,,if we submit the i-864 again for her is it ok to put her new last name even if its different from the first time when we prepare the whole package ? ... thank you so much again .

[mo3en 0]

pls ppl ... tell me what should i do .... ?

[VanessaTony 3,567]

pls ppl ... tell me what should i do .... ?

WAIT for the actual RFE. THEN post here with what it says.

[mo3en 0]

i already have the actual form ,, and i said that in one of my posts ..

[KayDeeCee 4,896]

thank you all for answering me ...

what im saying is ,, for the last 3 years my wife was working and quitting thats why her income was low .. only since july 2010 until now she held a job and her yearly salary is about 21,000 //

ok im thinking of resubmit the form for her and for the joint sponsor both of them ,,, but my question is .. when i submit the whole package first time ,, my wife's last name was not changed ,, after awhile of submitting the papers she changed her last name to my last name ,,if we submit the i-864 again for her is it ok to put her new last name even if its different from the first time when we prepare the whole package ? ... thank you so much again .

I would say if her name is now legally changed, then she should put that one. You can add a note on a separate paper, or cover letter for the RFE that states her name is now legally changed to your last name.

[mo3en 0]

hello everyone ...

i sent all the papers to the USCIS .. i resubmit the i-864 for my wife and for my joint sponsor and i attach the taxes papers and pay checks stubs , and letters describing what happened ,,, that was august 12 .. on august 15 they change the status to RFE review ...

on august 16 my case for employment authorization has been changed to card/document production .. and today they change it again to the same status ( card/document production ) , can any one explain to me why they change it twice .. and since they will send my card for employment is that mean my papers for the green card are good now ..?

one more thing ,, when i receive my employment authorization card , can i get a driving license ? and how long they take usually to send my card after they change the case ... ? thank you so much for all the help ..