AOS/Affidavit of support

[Bulanglang 1]

We received a letter from USCIS asking more evidence of our Affidavit of Support/Financial status. My concern is my husband's income did not meet the 125% poverty line, just a little bit short. I haven't received my EAD yet but I was able to work. I hope to add my income to it so to prove that we are above the 125% poverty line. But it seemed to me that I need to submit EAD and other documents to support the Financial Status of our Affidavit of support. The problem is I have not received the EAD yet and so therefore I could NOT help or use my income as a support to it. According to what I had read about co-sponsor, the co-sponsor and/or sponsor has lived in the household --before we could use a co-sponsor to meet the Financial need and/or above the 125% poverty line. We need to submit all those requirements on or before the 87 days due.

If my husband able to find another job a month or a week before the due date (87 days given time from the letter received) that does help to support the Affidavit of Support/Financial Status to meet and/or above the 125% poverty line????

Can we use a co-sponsor outside the household? Like a family Member of his side who has an adequate income???

I need your advise and help on this.

[Sven 0]

We received a letter from USCIS asking more evidence of our Affidavit of Support/Financial status. My concern is my husband's income did not meet the 125% poverty line, just a little bit short. I haven't received my EAD yet but I was able to work. I hope to add my income to it so to prove that we are above the 125% poverty line. But it seemed to me that I need to submit EAD and other documents to support the Financial Status of our Affidavit of support. The problem is I have not received the EAD yet and so therefore I could NOT help or use my income as a support to it. According to what I had read about co-sponsor, the co-sponsor and/or sponsor has lived in the household --before we could use a co-sponsor to meet the Financial need and/or above the 125% poverty line. We need to submit all those requirements on or before the 87 days due.

If my husband able to find another job a month or a week before the due date (87 days given time from the letter received) that does help to support the Affidavit of Support/Financial Status to meet and/or above the 125% poverty line????

Can we use a co-sponsor outside the household? Like a family Member of his side who has an adequate income???

I need your advise and help on this.

Yes, any US Citizen can be your co sponsor.

[Bulanglang 1]

We received a letter from USCIS asking more evidence of our Affidavit of Support/Financial status. My concern is my husband's income did not meet the 125% poverty line, just a little bit short. I haven't received my EAD yet but I was able to work. I hope to add my income to it so to prove that we are above the 125% poverty line. But it seemed to me that I need to submit EAD and other documents to support the Financial Status of our Affidavit of support. The problem is I have not received the EAD yet and so therefore I could NOT help or use my income as a support to it. According to what I had read about co-sponsor, the co-sponsor and/or sponsor has lived in the household --before we could use a co-sponsor to meet the Financial need and/or above the 125% poverty line. We need to submit all those requirements on or before the 87 days due.

If my husband able to find another job a month or a week before the due date (87 days given time from the letter received) that does help to support the Affidavit of Support/Financial Status to meet and/or above the 125% poverty line????

Can we use a co-sponsor outside the household? Like a family Member of his side who has an adequate income???

I need your advise and help on this.

Yes, any US Citizen can be your co sponsor.

We received a letter from USCIS asking more evidence of our Affidavit of Support/Financial status. My concern is my husband's income did not meet the 125% poverty line, just a little bit short. I haven't received my EAD yet but I was able to work. I hope to add my income to it so to prove that we are above the 125% poverty line. But it seemed to me that I need to submit EAD and other documents to support the Financial Status of our Affidavit of support. The problem is I have not received the EAD yet and so therefore I could NOT help or use my income as a support to it. According to what I had read about co-sponsor, the co-sponsor and/or sponsor has lived in the household --before we could use a co-sponsor to meet the Financial need and/or above the 125% poverty line. We need to submit all those requirements on or before the 87 days due.

If my husband able to find another job a month or a week before the due date (87 days given time from the letter received) that does help to support the Affidavit of Support/Financial Status to meet and/or above the 125% poverty line????

Can we use a co-sponsor outside the household? Like a family Member of his side who has an adequate income???

I need your advise and help on this.

Yes, any US Citizen can be your co sponsor.

Thanks. I think that would be our last resort but we hope that he could find a job soon or my EAD arrive soon...

[Miranda&James 8]

Be careful you don't miss that 87 day mark because if you do your case will be considered abandoned and you'll have to file a motion to reopen and that opens a whole other can of worms. Any US citizen can be your cosponsor, like was said before, so I'd be working to find a cosponsor first and if the job falls in line, great, but if it doesn't you've got everything taken care of.

[rebeccajo 14]

Do you have any money saved?

You state your husband is 'just a little bit' short of the guideline.

You can make up the shortfall by having three times the shortage in a verifiable asset.

[Bulanglang 1]

Be careful you don't miss that 87 day mark because if you do your case will be considered abandoned and you'll have to file a motion to reopen and that opens a whole other can of worms. Any US citizen can be your cosponsor, like was said before, so I'd be working to find a cosponsor first and if the job falls in line, great, but if it doesn't you've got everything taken care of.

Thanks...do you think if I received my EAD first before the 87 days due that would help to support our financial status/Affidavit of support???

I hope to help the Financial support because we are really above the poverty line if our income combined...

I could provide paystubs, W-2 Forms, empolyment letter but not the EAD coz I already work before getting that....i don't know...just trying to submit all these requirements before the due day...

Just confusing coz according to Employment Authorization by class of admission Policy: quote: that a K1 (fiancee visa) are authorized to work in the US WITHOUT specific authorization from DHS. The person's I-94 will NOT have the DHS employment authorization stamp and the alien will generally NOT have an EAD.

[Bulanglang 1]

Do you have any money saved?

You state your husband is 'just a little bit' short of the guideline.

You can make up the shortfall by having three times the shortage in a verifiable asset.

NOPE...we don't have enough and/or saved. We hope that he could find another job/side job to come up with that "shortage"...he doesn't have a verifiable asset either...

Thanks...

[Sven 0]

Do they proceed the EAD at all if they sent you a RFE ?

[Miranda&James 8]

Are you currently working now? Did you or didn't you get the 90 day temporary EAD stamp at your POE? I'm going on the assumption you have to have the EAD stamp to work if you came in on a K1, if I'm wrong someone please correct me. I think there is some debate about this but I always understood that a K1 needs that stamp from their POE to work legally in that first 90 days. Even if not you can only show that your work will extend for 90 days and they may not think that is sufficient. If I'm right and it isn't legal to work without that stamp and you are, well I guess you don't want to send them an employer letter saying you've been working somewhere without authorization.

I see you only filed about a month ago, so if you just got the RFE yeah I guess theres a chance you can get it before the 90 days are up but if they take longer than 90 days to process your EAD (as they're supposed to have it done in 90 days) you'll be cutting it close. Do you have a guaranteed job once you get your EAD? I still go with my first assertion - you really should see if you can line up a cosponsor. Do you have any parents/parents in law around or anyone that would be willing to cosponsor you? I know it's all stressful and confusing sometimes and I wish you the best, but like I said before, be sure you don't leave this till the last minute. If you do end up needing that cosponsor you need to leave them enough time to send off for their tax transcripts if they don't already have them on file and time to get their stuff together.

[Killer_Clown_2009 0]

They will halt processing on your EAD while you have the RFE. Try really hard to find a co-sponsor and send that information in.

[rebeccajo 14]

I would also add - the I864 is very clear that in order to count the income of the foreign spouse the employment must be legally authorized.

Whatever the debate is about K1's being 'legally authorized' upon entry, all bets are off after AOS is filed change. The only document which legally authorizes an AOS adjustee to work is the I-765 card.

[Miranda&James 8]

I would also add - the I864 is very clear that in order to count the income of the foreign spouse the employment must be legally authorized.

Whatever the debate is about K1's being 'legally authorized' upon entry, all bets are off after AOS is filed change. The only document which legally authorizes an AOS adjustee to work is the I-765 card.

Good to know!

I completely forgot about halting the processing of the EAD....that is only if the RFE is requesting initial evidence though, right, not additional evidence?

[meauxna 15]

Yes, any US Citizen can be your co sponsor.

Or Permanent Resident---and not 'any'--they must be domiciled in the US. Oh, and not 'co' sponsor, but Joint Sponsor (this is the I-864).