Is this a good sign?

[BritInMA 15]

Hello,

I'm sorry for the lengthy and possibly boring post, but I would love other peoples opinions on what to make of this situation....

My previous posts will give details, but my background is as follows:

I met my now wife online in 2012; I'm from the UK and she's an American; In 2013 I came over for our first meeting via the VWP for a couple weeks, then for a few months traveled back and forth on the VWP, never spending more than 8 days at a time back in the UK - never had a problem with immigration at the port of entry, then got a B2 visa, and bounced between the UK & USA until my last arrival last August 2014. The last time I entered the officer, with a smile, said I was really pushing my luck, having been here for over a year at that point, with barely 3 weeks in the UK. Other than that, though, there was no problem with entry.

(Sidenote, I should have left the USA in February, but as we applied for AOS in January, it is my understanding I'm still in status pending their final decision)

Fast forward a few months, my wife got pregnant and we immediately got married; we didn't plan to marry on the B2 visa, and had already discussed and was prepared for the fiance visa etc etc. But knowing we was expecting, we wanted to marry immediately, and arranged and did it within 6 weeks.

So jump to Jan 2015, and we sent in our papers and payment (as documented on visajourney).

Just a few weeks later, we got a request for initial evidence, which suggested we did not qualify due to finances (my wife doesn't work; I own businesses in the UK, and we live on the income from that investment - I do not work in the USA, and never have).

It all looked pretty bleak - the advice I was given from here and elsewhere was that my UK investment income couldn't count as I wasnt allowed to work in the USA. But I spent literally 6-8 weeks reading everything I could from forums to official USA immigration forms, and their instructions; I was convinced that my investment income would count - it's not millions and we're not financially "rich", but it's a fair amount more than the 125% poverty line.

Our deadline to respond to the RFIE was fast approaching, and still I had no clear way in my head that would move us past this hurdle.

I kept checking my online status; My I-485 stated that they'd stopped working on my case; My I-130 said they'd received the case Jan 20; As did the I-765 and I-131 - nothing changed the entire time; I had hoped at least the work permit might be processed, but it was not.

However, just 2 weeks before the deadline I wrote them a letter explaining my situation clearly, stating that I knew it was an unusual set of circumstances. Told them in my own words how I believed my income was allowable, quoting their own forms and instructions; I also sent in 12 months of our USA bank statements, 12 months of our UK bank statement, and 12 months of one of my businesses statements. I also sent copies of money transfers from the UK to the USA, as well as my UK tax certificates. All in all it was a good 120+ pages. As I posted it, I wondered if 120 pages was a positive or negative thing - the poor person at the other end had to read this lot!

Honestly, part of me thought it was a lost cause, and that I was looking at the prospect of returning to the UK without my wife.

My I-485 status changed after about 6 days to say they'd received my response. As usual, every day I checked the status of my cases.

Jump to yesterday; I check my case status:

-I-485 they've received my response.

-I-130 no change

-I-131 no change

-I-765 *** CASE WAS APPROVED *** - WOW! I was shocked. My application to work has been approved.

Jump to today and my I-485 status has changed to *** Case is ready to be scheduled for an interview ***

Again, I'm shocked.

The thing is, and I guess the point of my post is... Is this a positive sign? Part of me believes that it is, because having told us in Feb that we dont qualify financially, and then sending in my response, now they're processing everything? Given me work authorization and now are scheduling the interview?

Could I take this to mean that they accept (at least for now) that our finances are OK?

Are we over the first hurdle?

Should I walk around looking at my wife, smiling in the knowledge that there's a good chance my application will be approved?

Your thoughts and suggestions, no matter what they are, are welcomed, as I've always done on my previous posts.

Thank you and I hope that you are having a great day!!!!

[Jack2107 46]

That is what it sounds like. ?

[zz top 14]

It is. Good luck!

[blahblahblog 36]

Make sure you bring all your documents with you to the interview.

[yanno 3]

Seems like they appreciated the effort you put in this. Your case is moving forward. Congratulations and good luck

[Cathi 5,755]

Sounds promising. Good luck and congratulations!

[BritInMA 15]

Thank you everyone! Getting feedback on this forum is actually very supportive and I am so grateful I found visajourney!

[Lettyana 70]

BritlnMA,

Seems like they accepted the evidence you've submitted, congratulations and good luck!

I'd like to ask,if you can share the date USCIS recevied your response. I'm waiting to hear something from them about my RFE, it's been 3 weeks so far. Thank you.

[spahawk 10]

Anyone who submits 120 pages of evidence deserves to pass. Congratulations

[BritInMA 15]

BritlnMA,

Seems like they accepted the evidence you've submitted, congratulations and good luck!

I'd like to ask,if you can share the date USCIS recevied your response. I'm waiting to hear something from them about my RFE, it's been 3 weeks so far. Thank you.

Hi Lettyana,

Thank you!

The time from them receiving my RFE was 3 weeks. I don't know if that's slow or fast, so best of luck with yours!

[raven52 233]

Quite a story, and it sounds like you are well on your way, to the success you pursue.

Good luck the rest of the way.

[Riz&Den 1]

Reading stories like these always, always bring tears to my eyes. Congrats and God bless on your journey! ?????

[OLee 64]

It IS a very good sign. Seems their position towards you is very positive, now they want to look into your eyes

All the best! The truth always wins!

[pandainamerica 6]

... suggested we did not qualify due to finances (my wife doesn't work; I own businesses in the UK, and we live on the income from that investment - I do not work in the USA, and never have).

...Should I walk around looking at my wife, smiling in the knowledge that there's a good chance my application will be approved?

My impression from the above is that you are adjusting from a B-2 visa, and your US-citizen spouse is petitioning you. Her income does not satisfy the 125% poverty level as required by the regulations, and do not have a joint sponsor.

The fact that you have been issued an EAD doesn't mean very much, all it shows is that you paid the correct fee and cleared the background check.

I'm sorry to be the bearer of bad news, but you must find an eligible joint sponsor with sufficient income/assets who is willing to sign the i-864 contract for you to have any chance of being approved. INA 212(a)(4)© clearly states that an valid affidavit of support (as defined in INA 213A(f)) must be submitted (search for the phrase "Any alien who seeks admission or adjustment of status under a visa number issued under section 201(b)(2)"). You also do not fall under any of the exemptions (you have never worked in america, not a child of a US citizen, not a widower, nor a battered spouse).

The requirement for a US citizen to be 'on the hook' appears to be absolute, and you have to very careful that you don't breach INA216(b) (you can't just transfer assets to your wife to satisfy the requirement).

I'm afraid you can't sleep easy until you can find someone willing to sign your i-864.

Edited May 23, 2015 by pandainamerica

[BritInMA 15]

My impression from the above is that you are adjusting from a B-2 visa, and your US-citizen spouse is petitioning you. Her income does not satisfy the 125% poverty level as required by the regulations, and do not have a joint sponsor.

The fact that you have been issued an EAD doesn't mean very much, all it shows is that you paid the correct fee and cleared the background check.

I'm sorry to be the bearer of bad news, but you must find an eligible joint sponsor with sufficient income/assets who is willing to sign the i-864 contract for you to have any chance of being approved. INA 212(a)(4)© clearly states that an valid affidavit of support (as defined in INA 213A(f)) must be submitted (search for the phrase "Any alien who seeks admission or adjustment of status under a visa number issued under section 201(b)(2)"). You also do not fall under any of the exemptions (you have never worked in america, not a child of a US citizen, not a widower, nor a battered spouse).

The requirement for a US citizen to be 'on the hook' appears to be absolute, and you have to very careful that you don't breach INA216(b) (you can't just transfer assets to your wife to satisfy the requirement).

I'm afraid you can't sleep easy until you can find someone willing to sign your i-864.

Thanks for your input. Your impression is largely correct, save for the point that we're using my UK business income for the I-864

In our original application, we omitted that part, and they sent a letter saying we did not meet the criteria

It was thereafter that I clarified the situation with a new I-864 and 120+ pages of evidence showing that my foreign income was well about 125% and was to continue after a successful application.

Now, you may be thinking that I'm not allowed to use that income; But the forms instructions themselves state that we can use foreign income, especially that of a spouse, providing it will continue after a successful application.

Furthermore, although I am now allowed to work here in the USA, I was not allowed before, and indeed never did - my income can be thought of as investment income.

Now, all that said, the EAD was applied for in January 2015, but was not approved until about 2 weeks ago - about a week after all my evidence was submitted.

Whilst I may be foolish to think, I do make the assumption that they accepted, at some level, my evidence. We are now being scheduled for interview.

Time, as they say, will tell......