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nakhle

Form I-864 | Petitioner is a student

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I'm on an adjustment of status application. My wife is the petitioner and the problem we're having is to prove we have income exceeding the poverty guidelines. She is a graduate student and her (scholarship + loan) exceeds by far the 125%. Are bank statements and college check deposits sufficient as proof? Especially that we don't have any tax-related documents.

Any advice is appreciated,

Thank you all in advance.

Timeline:

08NOV11: filed forms

15NOV11: email notification

16NOV11: checks cashed

14DEC11: biometrics apt

03FEB12: rfe request

19MAR12: rfe mailed

30MAR12: rfe again (asking for more financial proofs)

Edited by nakhle
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  • 3 weeks later...
Filed: H-1B Visa Country: Argentina
Timeline

Thanks, guys - I'm in a similar situation (wife is student on loan) and I'm going to ask a US friend to co-sponsor.

Hey nakhle, I see you have received RFE - would you tell me what was it about so I can make sure to include whatever they are requesting from you?

Thanks!

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Thanks, guys - I'm in a similar situation (wife is student on loan) and I'm going to ask a US friend to co-sponsor.

Hey nakhle, I see you have received RFE - would you tell me what was it about so I can make sure to include whatever they are requesting from you?

Thanks!

Since we didn't tax returns documents, they asked for any proof that shows we make more than 125% of the poverty guidelines. We replied back with bank statements for the last 12 months and college checks. All prove that we're way above 125% but still they replied back saying that we had to obtain a joint sponsor. That's what we did in the end, so I assume you should start thinking of finding a joint sponsor, unless your wife has property or employed and has filed for tax.

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Scholarship money that is meant to pay tuition and books is not counted as income for the affidavit of support. Any money that is designated for living expenses, etc. can be used toward the income requirement.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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