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Filed: Citizen (apr) Country: Wales
Timeline

So, I received the dreaded pink-slip earlier today and have a number of questions regarding its content. I have already researched all the points which follow but am still at somewhat of a loss and am basically asking for any advice from those in the know and/or those with firsthand experience regarding the particularities of my case.
 

1. My wife's AGI falls $59 below the poverty guideline and we have been asked to submit evidence of assets that 'equal the stated difference between the petitioner/sponsor's household size and 125% of the poverty guideline' and meet the following standards:


          Assets must equal the difference for applicants filing as orphans.
          Assets must equal three times the difference for a spouse or child of a United States citizen.
          Assets must equal five times the difference for all others.

I'm at a loss as to what this means exactly. She has a 401k wich would cover five times the difference between her AGI and the poverty guideline ($59x5 = $295) but is that even what this request means? The language is not the clearest.
 

2. And I apologise for discussing this (as when I brought something similar up before the thread was discontinued) but it is of relevance to my RfIE.
 
The letter states to 'submit ALL of the information requested below at one time. Failure to do so will result in a denial'.
One of these pieces of information requested relates to me including a copy of an unexpired EAD (which I do not have). However, the opening paragraph to this request reads as follows:

'For the intended immigrant's income to be included in the household income, it must have been from a lawful source and earned while the intended immigrant was authorized to work in the United States.
The intending immigrant listed on the petitioner/sponsor's Form I-864 [...] must submit evidence that they are currently authorized (if using current income) or were authorized to work in the United States during the most recent tax year'.

As my income was not earned while authorised to work and, further, I do not have evidence that I'm currently authorised or was authorised to work in the most recent tax year then, clearly, my income will not be included in our household income. But, I do not wish, nor need, for it to be included if my wife's 401k is enough to make up the difference for the poverty guideline issue. However, as the letter states ALL the info requested must be submitted I don't know where that leaves me - I do not have evidence to show that my earnings were accrued whilst working legally but, similarly, I do not want them to be included for the poverty guideline.

I don't know what to do at this point, and feel like screaming.

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Filed: Citizen (apr) Country: Wales
Timeline
35 minutes ago, Beefheart said:

I realise now that we only need to show three times the difference in asset form -- even less of a problem than before.

I'm just concerned as requesting both pieces of evidence contradicts each one. By supplying evidence of assets to cover the shortfall in the poverty guideline then surely proof of my legal right to work becomes irrelevant as my earnings (as the letter states) cannot be considered as income towards the guideline.

However, the letter states to supply ALL requested evidence, else be denied.

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Can you take a picture or re-type the exact wording pls? It would help a lot to rule out or confirm if you have misunderstood something.

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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Filed: Citizen (apr) Country: Wales
Timeline

Filed jointly, and I have already included her W2s so they're able to see who earns what. I'm hoping that complying with their request to show evidence of assets to make up the difference (401k), along with the full transcript from our most recent tax year (I stupidly just sent in the front page, but have a copy of the full transcript here ready) will supersede their request for evidence of my right to work, as it seems this was/is only an issue if we're attempting to justify income above the poverty line supplemented by my income also.

I've attached images of the letter below.

rsz_20170620_101942.jpg

rsz_20170620_102014.jpg

rsz_20170620_102047.jpg

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