Request for Initial Evidence (I-485)

[bv9320 0]

Yesterday we received a yellow letter stating that USCIS is requesting for Initial Evidence (I-485). The letter says that the I-864 we submitted did not meet the poverty line which is a little confusing. To give you some specifics, I petitioned my wife who was an F1 student and it was approved and she's been working since last year. Then she filed for AOS along with other forms and we thought everything should be good to go. We live together so that our household number should be 2. In the I-864, her income alone pretty much covers the federal poverty line. I also added the little income I made since I am currently studying and she is the one working. We sent in a letter from her employer stating her annual income. Shouldn't that letter alone give enough evidence that we meet the federal poverty line? How come the USCIS is still requesting for evidence of assets? We are really trying to do this without having a joint sponsor file a I-864 for us.

I hope I can get a response from someone who was/is in a similar situation. Thank you in advance.

[bv9320 0]

For some reason, I couldn't edit my post so here's what I tried to write:

____________________________________________________________

Yesterday we received a yellow letter stating that USCIS is requesting for Initial Evidence (I-485). The letter says that the I-864 we submitted did not meet the poverty line which is a little confusing. The letter says:

"Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% (100% if military) of the federal poverty line for the petitioner/sponsor's household size."

To give you some specifics, I petitioned my wife who was an F1 student in OPT status and it was approved and she's been working since last year. Then she filed for AOS along with other forms and we thought we are good to go. I am currently studying so I don't really have income besides the money I get from Post 9/11 GI Bill, and she's been working since May last year. Her income alone covers almost double the federal poverty line for our household (2). In the I-864, we submitted a letter from her employer stating her annual income. Shouldn't that be enough evidence that we meet the poverty line already? I'm really baffled. Because in the instructions, it clearly states that since the intending immigrant (my wife) lives with me, I can use her income for the I-864 and that's what we did. Do you think they might have overlooked that?

I hope someone in a similar situation can help us out on this. Thank you in advance.

[Hypnos 6,578]

The alien can piggyback on their sponsoring spouse's I-864 if (i) their income is from a legal source (i.e. they have employment authorisation and it isn't obtained from unlawful means), and (ii) it will continue from the same source after the green card is approved.

All of your combined income was included on a single I-864, correct?

[bv9320 0]

The alien can piggyback on their sponsoring spouse's I-864 if (i) their income is from a legal source (i.e. they have employment authorisation and it isn't obtained from unlawful means), and (ii) it will continue from the same source after the green card is approved.

All of your combined income was included on a single I-864, correct?

Yes she has EAD and our combined income was included on that single I-864 that we submitted.