RFE I-864 sponsored by recent student

[leberquesuge 0]

My spouse just graduated college, and is due to start graduate school in September. Her recent tax returns were therefore negligible. She will receive a stipend of ~$26k, which is sufficient, but we just got a RFE stating "The petitioner/sponsor's income on the Federal income tax return does not meet or exceed... the poverty guideline. The petitioner/sponsor lists their current income on Form I-864 as an amount to be considered sufficient, however, no evidence has been submitted as proof of current income."

We submitted the letter of admittance to graduate school that stated the stipend amount and start date, but that is not, I suppose "current income".

I am wondering whether I can include my income on the I-864. The problem is that my current employment (on H1B) terminates on August 31, with a new position at a different employer due to start in September. Either one would easily exceed the poverty guidelines, but to my reading, the job switch causes problems with the instruction to provide "evidence that his/her income will continue from the current source after obtaining lawful permanent residency".

Can anyone suggest a way to satisfy the RFE? We could if necessary find a joint sponsor, but would really prefer to avoid this.

Edited July 15, 2013 by leberquesuge

[Harpa Timsah 13,258]

Stipend is not current income. It will not count.

If your employer can't say you have a permanent job then you can't use that either.

Sounds like you need a joint sponsor.

[SBB 74]

The stipend won't count as income until you actually start receiving it.

[leberquesuge 0]

Thanks both. I don't understand why a contract job is viewed less favourably than a "permanent" one -- I have better job security than most people in permanent jobs (those who can be fired at will). I guess I shouldn't complain because until now being in academia has made the H1B process infinitely easier, but it seems I am in a worse situation now for a meaningless technical reason.