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Posted

I came into the US on a F-1 Visa for graduate studies almost 2yrs ago and haven't fallen out of status. My wife (USC) have been married for 2 months now. She didn't meet the immigration income requirement because she is a hair dresser and did not make much money last year, so didn't even file tax.

Our marriage is legitimate and we have all proofs of a true marriage which include marriage certificate, Joint lease, Joint accout, Phone bill and cable bill all in both of us names.I talked to my uncle who is also a USC and he is willing to co-sponsor us.

I don't know if USCIS will frown that my wife did not make enough money to petition/sponsor me even when we have someone who is ready to sponsor us. Could this be a red flag? Can it lead to denial?

Anxiously waiting for suggestions and advise. Thanks.

September 2010 - Came into the US on a F-1 Visa....still in-status.

October 2010 - Met wife - USC.

2011 - We realized we were already bf and gf....no formal toasting...lol.

January 2012 - Proposed to my wife.

June 2012 - Got married.

August 29 2012 - Mailed AOS packet to Chicago Lockbox. (Day 0)

August 31 2012 - AOS packet delivered. (Day 3)

Sept. 3 2012 - Received 4 emails/texts notification for NOA1 @ 7:59am PST (Day 6)

Sept. 8 2012 - Received hard copies of NOA1 in the mail. (Day 11)

Sept. 10 2012 - Biometrics appointment notice received in the mail. Scheduled for September 25. (Day 13)

Sept. 11 2012 - Successful early walk-in for biometrics appointment. (Day 14)[/left]

Posted

No, you only need the co-sponsor to fulfill the income requirement. so, don't worry about this, and try to gather as much joint document as you can

AOS

day 1 -- 04/11/2012-- package sent to Chicago

day 2 -- 04/12/2012-- package was received.

day 43-- 05/23/2012-- Notice for an interview is received for 06/26 @ 2pm

day 63-- 06/12/2012-- Received a Text & email for an update- Card production EAD/AP

day 77-- 06/26/2012-- interview / approved on the spot.

day 86-- 07/05/2012-- Received my GC in the mail.

ROC

day 1 -- 04/07/2014 -- ROC Package delivered to VSC

day 16 -- 04/23/2014 -- Walk-in Bio.

day 197 -- 10/20/2014-- Approval Letter received dated 10/16/2014

day 202 -- 10/25/2014-- GC received

Posted

Thank you all for your kind response. I felt so relieved now. What other joint documents do you advise I add to what I listed earlier? Thanks for your help.

September 2010 - Came into the US on a F-1 Visa....still in-status.

October 2010 - Met wife - USC.

2011 - We realized we were already bf and gf....no formal toasting...lol.

January 2012 - Proposed to my wife.

June 2012 - Got married.

August 29 2012 - Mailed AOS packet to Chicago Lockbox. (Day 0)

August 31 2012 - AOS packet delivered. (Day 3)

Sept. 3 2012 - Received 4 emails/texts notification for NOA1 @ 7:59am PST (Day 6)

Sept. 8 2012 - Received hard copies of NOA1 in the mail. (Day 11)

Sept. 10 2012 - Biometrics appointment notice received in the mail. Scheduled for September 25. (Day 13)

Sept. 11 2012 - Successful early walk-in for biometrics appointment. (Day 14)[/left]

Posted

I came into the US on a F-1 Visa for graduate studies almost 2yrs ago and haven't fallen out of status. My wife (USC) have been married for 2 months now. She didn't meet the immigration income requirement because she is a hair dresser and did not make much money last year, so didn't even file tax.

Our marriage is legitimate and we have all proofs of a true marriage which include marriage certificate, Joint lease, Joint accout, Phone bill and cable bill all in both of us names.I talked to my uncle who is also a USC and he is willing to co-sponsor us.

I don't know if USCIS will frown that my wife did not make enough money to petition/sponsor me even when we have someone who is ready to sponsor us. Could this be a red flag? Can it lead to denial?

Anxiously waiting for suggestions and advise. Thanks.

I would suggest she file a tax return anyway. That way she has one she can give to the USCIS should they ask for one. She really should file every year regardless of income as she might qualify for a income tax credit and is throwing that money away by not filing. Worth a shot. As long as your Uncle makes over 125% of the poverty level for his household size plus you, you are good to go.

Good luck,

Dave

Posted

if she has a credit cards, she can add you as authorized user. and you can ask the bank to give you a letter which states that. plus all kind of insurance like car, tenant and medical. I also think about letters from friends and family. you already have a pretty good ones. and all the best. I know it's stressful process. but from my experience , I wanna tell that there is no need to stress about it, I had my interview last week and it was super smooth. minutes after I had finished the interview, I was not believing the interview was so easy, but you need to be prepared .I know some of the officers like to give hard times, but trust me if the marriage is legitimate, you will get ur GC for sure.

I would suggest she file a tax return anyway. That way she has one she can give to the USCIS should they ask for one. She really should file every year regardless of income as she might qualify for a income tax credit and is throwing that money away by not filing. Worth a shot. As long as your Uncle makes over 125% of the poverty level for his household size plus you, you are good to go.

Good luck,

Dave

Agree

AOS

day 1 -- 04/11/2012-- package sent to Chicago

day 2 -- 04/12/2012-- package was received.

day 43-- 05/23/2012-- Notice for an interview is received for 06/26 @ 2pm

day 63-- 06/12/2012-- Received a Text & email for an update- Card production EAD/AP

day 77-- 06/26/2012-- interview / approved on the spot.

day 86-- 07/05/2012-- Received my GC in the mail.

ROC

day 1 -- 04/07/2014 -- ROC Package delivered to VSC

day 16 -- 04/23/2014 -- Walk-in Bio.

day 197 -- 10/20/2014-- Approval Letter received dated 10/16/2014

day 202 -- 10/25/2014-- GC received

Posted

Thanks all...I have a bank account and credit account. I can easily add her to it. And also get an affidavit from her mother, sister and my friends which will say they know about our relationship and wedding. Does she have to file tax when she didn't meet the IRS requirements to do that? I am just confused.

September 2010 - Came into the US on a F-1 Visa....still in-status.

October 2010 - Met wife - USC.

2011 - We realized we were already bf and gf....no formal toasting...lol.

January 2012 - Proposed to my wife.

June 2012 - Got married.

August 29 2012 - Mailed AOS packet to Chicago Lockbox. (Day 0)

August 31 2012 - AOS packet delivered. (Day 3)

Sept. 3 2012 - Received 4 emails/texts notification for NOA1 @ 7:59am PST (Day 6)

Sept. 8 2012 - Received hard copies of NOA1 in the mail. (Day 11)

Sept. 10 2012 - Biometrics appointment notice received in the mail. Scheduled for September 25. (Day 13)

Sept. 11 2012 - Successful early walk-in for biometrics appointment. (Day 14)[/left]

Filed: Citizen (apr) Country: Australia
Timeline
Posted (edited)

Thanks all...I have a bank account and credit account. I can easily add her to it. And also get an affidavit from her mother, sister and my friends which will say they know about our relationship and wedding. Does she have to file tax when she didn't meet the IRS requirements to do that? I am just confused.

So she earnt less than $9500? How did she survive if she earnt so little? Anyway here's the IRS questionnaire: http://www.irs.gov/individuals/article/0,,id=96623,00.html If this tells her she doesn't need to file then she needs to provide a letter (with her I-864) stating she didn't earn enough to file taxes, and I would probably send a copy of her W2 proving her low income.

Edited by Vanessa&Tony
Posted

Yes...she didn't make enough money at all. She makes hair at home and do not have a lot of customers. She can survive because she doesn't have to pay rent cos she lives with her mother. I will check that link you posted and see what I can do. Thanks.

September 2010 - Came into the US on a F-1 Visa....still in-status.

October 2010 - Met wife - USC.

2011 - We realized we were already bf and gf....no formal toasting...lol.

January 2012 - Proposed to my wife.

June 2012 - Got married.

August 29 2012 - Mailed AOS packet to Chicago Lockbox. (Day 0)

August 31 2012 - AOS packet delivered. (Day 3)

Sept. 3 2012 - Received 4 emails/texts notification for NOA1 @ 7:59am PST (Day 6)

Sept. 8 2012 - Received hard copies of NOA1 in the mail. (Day 11)

Sept. 10 2012 - Biometrics appointment notice received in the mail. Scheduled for September 25. (Day 13)

Sept. 11 2012 - Successful early walk-in for biometrics appointment. (Day 14)[/left]

Filed: Citizen (apr) Country: Australia
Timeline
Posted

Yes...she didn't make enough money at all. She makes hair at home and do not have a lot of customers. She can survive because she doesn't have to pay rent cos she lives with her mother. I will check that link you posted and see what I can do. Thanks.

Ah so she's self-employed. According to that link if she earnt more than $400 she needs to file taxes.

Posted

Yes, I just saw the 400$ thing.....lol. @ Life'sJourney, The last time I checked,USCIS requires petitioner to submit their most recent tax clearance or receipt. Is the most recent tax filing not 2011? I stand to be corrected though.

September 2010 - Came into the US on a F-1 Visa....still in-status.

October 2010 - Met wife - USC.

2011 - We realized we were already bf and gf....no formal toasting...lol.

January 2012 - Proposed to my wife.

June 2012 - Got married.

August 29 2012 - Mailed AOS packet to Chicago Lockbox. (Day 0)

August 31 2012 - AOS packet delivered. (Day 3)

Sept. 3 2012 - Received 4 emails/texts notification for NOA1 @ 7:59am PST (Day 6)

Sept. 8 2012 - Received hard copies of NOA1 in the mail. (Day 11)

Sept. 10 2012 - Biometrics appointment notice received in the mail. Scheduled for September 25. (Day 13)

Sept. 11 2012 - Successful early walk-in for biometrics appointment. (Day 14)[/left]

Posted

Yes, I just saw the 400$ thing.....lol. @ Life'sJourney, The last time I checked,USCIS requires petitioner to submit their most recent tax clearance or receipt. Is the most recent tax filing not 2011? I stand to be corrected though.

Yes, the petitioner is required to provide at least the latest tax return or an explanation as to why they were not required to file.

However, what LifeJourney was trying to get at was that the USCIS is really only interest in current income and tax returns are only proof of past income, i.e. the latest tax returns are from 2011 and show all income earned between January 1st & December 31st 2011, they do not show current income. So with that said, if your wife didn't make enough in 2011 but she does currently, then she can also submit 6 months worth of pay stubs to determine current and future income for this year.

Background Information

-Dec 2006: Arrived with an F1 visa

-Dec 2007: Met USC.

-Dec 2009: Got Engaged.

-Jan 2010: Fell out of Status.

-Oct 2010: Married USC.

-Feb 2012: Filed I-130/AOS

I-130/AOS Timeline

Day 0: 02/25/12: Mailed concurrent I-130/AOS Package to the Chicago Lockbox

Day 2: 02/27/12: Package arrived at the Chicago Lockbox.

Day 5: 03/01/12: Email acceptance confirmation received for Forms: I-130, I-485 & I-765.

Day 13: 03/09/12: NOA1s received for Forms: I-130, I-485 & I-765. Biometrics letter also received and scheduled for March 27th.

Day 24: 03/20/12: Email notification for RFE.

Day 27: 03/23/12: Hardcopy RFE received in the mail.

Day 31: 03/27/12: Biometrics completed.

Day 40: 04/05/12: Mailed off the RFE.

Day 44: 04/09/12: RFE Delivered.

Day 46: 04/11/12: USCIS received RFE and case updated online.

Day 55: 04/20/12: EAD approved!

Day 60: 04/25/12: Received 2nd "EAD in Production" Email.

Day 61: 04/26/12: EAD Mailed.

Day 63: 04/28/12: EAD in hand!

Day 74: 05/09/12: Interview date scheduled for June 12th.

Day 75: 05/10/12: Interview letter in hand.

Day 108: 06/12/12: Interview.

Day 110: 06/14/12: Received I-485 & I-130 approval emails.

Day 114: 06/18/12: Received I-130 & I-485 Approval hardcopies.

Day 115: 06/19/12: Received GC in production email.

Day 116: 06/20/12: Received "GC mailed" & "USPS picked up your GC" emails.

Day 118: 06/22/12: GC arrived in the mail

March 16th 2014: Eligible to file ROC.

March 16th 2015: Eligible to file for naturalization.

 
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