Request for initial evidence

[Bibi94 0]

Hello guys, 

i'm really seeking for your help. I just got a mail from USCIS asking for Initial evidence. I'm actually married, and my husband got a job as a banker on September 2016. Before that he was just working part time in a grocery store, which got him to earn less than the 125% of the poverty guidelines. On his tax return his income ia less the the 125% of the poverty guidelines. Now USCIS says that his income doesn't meet the requirements. But his income is actually around 25k a year. What should we do? Because, I cannot have a joint sponsor. But we are 100% sure that his annual income is more than the requirements. Should we just get his pay stubs, a letter feom his workplace stating how much he gets a year, bank statements? Can you guys help? Cuz I really don't know if Uscis just checks the the 125% of poverty guidelines based on your last tax return, or what you are making right now.

Thank you 

[Penguin_ie 5,994]

****** Moving from Off Topic to AOS from Student Visa, as Op seems to be here on a student visa and adjusting status ******

 

What evidence of current and ongoing income did you submit?

Why can;t you get a co-sponsor?

[xillini 71]

12 hours ago, Bibi94 said:

Should we just get his pay stubs, a letter feom his workplace stating how much he gets a year, bank statements? Can you guys help? Cuz I really don't know if Uscis just checks the the 125% of poverty guidelines based on your last tax return, or what you are making right now.

 

Employment verification letter stating that your USC spouse makes around 25K and current paystub will suffice the requirement. 

You also want to write the cover letter to help USCIS officers to understand the logic as your last tax return does not suffice the FPG. 

Also, it is critically important that until your AOS is approved, your USC spouse must maintain the employment to suffice the FPG. 

 

There are some cases that AOS is denied, based on that the USC spouse did have enough income when AOS was filed, but after the filing, for whatever reasons they dont work the employment anymore, USCIS decided that the USC does not have financial capabilities to support intending immigrant(s), and therefore denied the case.