i863 income problem

[hj630 1]

I am the immigrant and my wife is the us citizen. Currently I earn 2000/mo and my wife has no income. We have a baby son. So we are $400 short on the 125% income poverty line but we have enough asset to compensate that.

The problem is:

My W2 taxable income is only 18xxx last year because I am currently on F1 visa and a graduate student at a University and my home country China has a treaty with USA that for the first 5k income it is not taxable. However, I didnt explain it nor include the treaty in my package. Will this be a problem?

I did include a letter from my employer saying that I earn 2k/mo. And my wife stopped working this march but she still had income last year and her W2 plus mine will exceed the poverty line in 2013.

Also, if the officer thinks we dont have enough income, will they simply deny my application or ask me to provide more document or include co-sponsor?

Also if i include co-sponsor, does he has to be living with us in the same address or he can be living in other states?

Many thanks

[NancyNguyen 1,658]

Co-sponsor can be everyone GC holder or citizens. Self sponsoring is not easy, you must prove your income will continue to cover. Most of self sponsors get RFE for it. You need a co-sponsor to avoid further delay. Good luck.

[hj630 1]

Co-sponsor can be everyone GC holder or citizens. Self sponsoring is not easy, you must prove your income will continue to cover. Most of self sponsors get RFE for it. You need a co-sponsor to avoid further delay. Good luck.

Thanks Nancy. I have already submited mine. So should I wait for them to ask me to submit more or I should just add a co-sponsor and submit a new i863?

[Penguin_ie 5,997]

***** Moving from AOS from Family Visa to AOS from Student Visa forum *****

[NancyNguyen 1,658]

Thanks Nancy. I have already submited mine. So should I wait for them to ask me to submit more or I should just add a co-sponsor and submit a new i863?

You need to wait for them to send RFE (if any) before sending any documents. You send now they will have no idea what they are for. Good luck.

[hj630 1]

Many thanks. Hope it wont cause any delays for me EAD card. I need that to start my new work. I did include a job offer from my new work which will start in mid Feb though I doubt they will use that to count to my income.

[pilotkausa 5]

Many thanks. Hope it wont cause any delays for me EAD card. I need that to start my new work. I did include a job offer from my new work which will start in mid Feb though I doubt they will use that to count to my income.

Keep us updated please.

I was thinking about self-sponsorship as well.

[hj630 1]

Keep us updated please.

I was thinking about self-sponsorship as well.

I just received my I765 and I131 approval notice. I did got a Request for Initial Evidence apparently they need bank statement for the past 12 months. Also they said I was missing tax forms for my spouse (i mailed W2 and 1042 because I could get the online tax transcript at that time) and also I was a F1 so they request evidence to show I was able to work at school.

For the RFE, I mailed my I20, tax transcript for my spouse, updated I863 and 12 months of bank statement for all 3 of my banks.