My Husband Filed AOS but Govt. didn't like my income!

[AInfante-Saraireh 0]

my husband filed the aos I485 just recently, received a letter to go for fingerprinting this coming Friday. I did file with a co sponsor who is my nephew. They didn't accept my income but they are accepting so far the co sponsors income. Of course they want proof. So got an RFE! They want a letter from employer stating his income, dates of employment, 6 months worth of paystubs, nature of the job, wages or salary earned, number of hours/weeks worked and prospects for future employment and advancement. Unbelievable! Anyway, in the section above, it states this: You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regualtions, Section 103.2(B)(10)(ii) until ninety (90) days after missing intitial evidence is received. What's this mean? He can't work? I have looked everywhere on the USCIS site for this. I find the Title 8 but can't find specifically about this statement above. Can anyone help clarify this for me?

Andrea

For some reason when typing in the ( ) with the b, it's coming up wth a smiley face or something like that.

Edited May 14, 2007 by ainfante

[kim&james 0]

With regards to the stopping of processing, yes this is usual when you get a RFE. Processing will continue when you send back in the information needed.

yes this does mean he cant work until he gets his EAD.

Get your co-sponsers stuff asap and send off to resume processing on your case.

[AInfante-Saraireh 0]

He has his EAD. WE filed for this first and he's had it now for 6 months. We did the AOS seperately.

[kim&james 0]

He has his EAD. WE filed for this first and he's had it now for 6 months. We did the AOS seperately.

ahh got ya... he can still work then.

[AInfante-Saraireh 0]

oh thank you for sharing. I feel more relieved!

[csoul 0]

ainfante: Is bad to hear that! I'm sorry.

I just want to understand why they didn't accept your income because my wife is my only sponsor, her income is not too good but is more than the requirement of 125% of the Federal Poverty Guideline for our household size so Is your income is at least 125% of the Federal Poverty Guideline for your household size??

I found the Title 8, Code of Federal Regualtions, Section 103.2(B)(10)(ii) and I don't understand why they denied your income:

Sec. 103.2 Applications, petitions, and other documents.

(10) (ii) Effect on interim benefits . Interim benefits will not be granted based on an application or petition held in suspense for the submission of requested initial evidence, except that the applicant or beneficiary will normally be allowed to remain while an application or petition to extend or obtain status while in the United States is pending. The Service may choose to pursue other actions to seek removal of a person notwithstanding the pending application. Employment authorization previously accorded based on the same status and empl oyment as that requested in the current application or petition may continue uninterrupted as provided in 8 CFR 274a.12(B)(20) during the suspense period.

http://www.uscis.gov/propub/DocView/slbid/...ite=#0-0-0-9163

[AInfante-Saraireh 0]

HI gustahot! Some of it's my fault, I put down 30,000 when I acutally make more. WE are a family of 3. I get a lot of cash payments and wasn't claiming it. Anyway, they took my nephews (co sponsor) income. I also used my nephew as co sponsor when my husband interviewed for the K3. It's just a hassle for him, not to get the letter of employment, but to make sure HR at his company puts all info they are looking for.

Thanks all for the help.

[csoul 0]

HI gustahot! Some of it's my fault, I put down 30,000 when I acutally make more. WE are a family of 3. I get a lot of cash payments and wasn't claiming it. Anyway, they took my nephews (co sponsor) income. I also used my nephew as co sponsor when my husband interviewed for the K3. It's just a hassle for him, not to get the letter of employment, but to make sure HR at his company puts all info they are looking for.

Thanks all for the help.

Ainfante, I still have some doubts about your case, because if you read the Federal Poverty Guidelines Form (I-864P) for a household of 3 you need a sponsor income of $21.462 and for a household of 5 you need a sponsor income of $30.162 so your income is OK with the requirements!

http://www.uscis.gov/files/form/I-864P.pdf

My wife is Ok but very close to those limits so if I see what happened with your case... I'm a little bit worried.