Intended Immigrant Foreign Income

[JoeyKei 0]

Hello VisaJourney Community,

This site has been such an invaluable tool through our entire process, thanks in advance for responses and all the other countless threads and guides!!

After a long wait for the K1 visa processing, my fiance has arrived, we've gotten married and filed the I- 485 for Adjustment of Status. After about 2 weeks, we received a letter (on horrible pink paper) that requests additional information regarding the I- 864 Affidavit of Support.

It seems that I do not qualify to support my spouse financially; in 2012, I made less than the Federal Poverty Income level (I was still in college at the time). I did however make enough money in 2013 and submitted income statements (pay-stubs and letters from employer) but it was not taken into account.They required info on the last taxable year (2012). They now require that I furnish them with additional info regarding assets and other financial data, or find a co-sponsor.

My question is the following: My spouse, who has been employed by a UK company since 2006, has a considerable income that she receives from that company. The job can all be done online, and she is therefore able to work here (in D.C.) until her work permit is issued. When she is able to work in the U.S., her company will transfer her over to the US side of their business - there will be a continuous and uninterrupted flow of income for her. Can I use her income, on the I-864 document, to supplement my own income and prove we will not become public charges? Or does that violate her conditions while staying in the US?

My second question: I have filed my taxes for 2013 - showing I have earned substantially more than the federal poverty lines. Should I send them the tax information for 2013 (W-2 and accepted tax return) and hope it will be accepted? OR should I just find a co-sponsor? Or should I include both documents and ask them to consider both?

I know its a long post, but any help would be greatly appreciated. If you have had a similar situation, we would love to hear how it was resolved. Thanks again and good luck to all.

[Nich-Nick 3,354]

Maybe you didn't understand the RFE. If you posted exactly word for word it would help answer. Here's a "maybe" answer based on what you said and what these kinds of RFEs usually say...they are always pretty generic comments.

Did you send a 2012 tax return/W2 or alternatively a transcript?

If no, then that is the problem. A tax return is required, even it it wasn't showing adequate income. No tax return and they stop right there and nothing else you sent counts. So they wouldn't evaluate your other things unless you included a required tax return.

The rest of what you described it a generic RFE speech saying that you could use assets or a joint sponsor. They tell everybody that.

Yes, you can update your I-864 evidence with a newer 2013 complete tax return. Make sure it includes all the forms and schedules and a photocopy of the W2. If it is above the poverty guidelines, then that should be all the additional evidence you need.? You could even re-do the I864 form using 2013, 2012, 2011 numbers in Part 6, 13a,b,c.

Edited February 10, 2014 by Nich-Nick