Change of Status (F VISA TO GREEN CARD BASED ON MARRIAGE) Initial Request of Evidence Saying Income is Not Enough!

[LBINUS 0]

Hello,

I am on F1 Student Visa and changing to Green Card based on Marriage. I got an Initial Request for Evidence saying we need a joint sponsor but on the 2nd page it said my wife's income is sufficient but no evidence was provided and asked for (Tax returns, W2's, Paystubs...) and the same for me on the 3rd page it said my income is sufficient but no proof was provided and asked for (Tax returns, W2's, Paystubs...)

My question is the following: My wife is my sponsor for the time when I will be replying to the Request of Evidence her income is going to be less than needed to support a household of 2 or meet the Federal Poverty Guidelines for year 2020. We still don't live together so I would like to know if they will add my income provided on I-864 towards meeting the poverty threshold? In other words will they add her income (27k last year and 19k this year) to my income (59k) or my income DOES NOT COUNT AND WE NEED A JOINT SPONSOR?

Thank you for you help.

[geowrian 22,337]

Her current income is what she makes right now. What she made in 2018 or 2019 isn't that important, and is not her current income (unless self-employed).

What documentation was provided with her I-864? If she sent insufficient documentation, then her qualifying income is $0, hence she obviously would not qualify as a sponsor until that is rectified.

 

What is your current status in the US? Is your work via OPT?

[NancyNguyen 1,657]

If you can't prove your income will continue until your green card is approved, you will need a co-sponsor. 

[LBINUS 0]

Thank you so much for your answers. I am on STEM OPT my 3rd year. I have been working at the same company for the last 2 years and I make around 60K so my income alone should be enough and I listed my income on I-864 But neither of us provided full tax return with the application and this is why I believe they said we need a co-sponsor on the first page of the RFE.

 

Her income for 2018 was 27K but for the year 2019 and this year 2020 her income is only 19K which is below the amount needed to sponsor me. So from your comment I understand that If I provide them in my reply with strong financial document (FULL TAX RETURN, W2'S, PAYSTUBS) for both of us especially for me showing that my income is 60K I should be fine without adding a co-sponsor right?

 

Thank you again!

[NikLR 13,227]

Yes.  Why you're not living together?   

[LBINUS 0]

Thanks! We don't live together yet because she lives in a nearby state (1 hour away) and for me on STEM extension it was hard for me to find a job where she lives so I could not move in with her. She is in school and cannot move in with me because it is too faraway from her school. 

 

This is my timeline AOS concuent filling:

Application sent: Nov 05 2019

USCIS Received: Nov 8 2019

Text with Receipt Numbers: Nov 16 2019

Bio appointment: Dec 05 2019

RFE: Jan 27 2020

 

Thank you guys for your help!

 

[elmers 293]

Consider adding her to your house/apt rental agreement or add yourself to hers if not already done so. Circumstances happen but this way you'll at the very least have some evidence of co-habitation on paper. If you two see each other frequently, then you could technically declare one of your addresses as 'home base'. Also, save evidence of travel that proves you were seeing each other frequently. But as said above, living together is going to be the strongest evidence.

 

As for income, include yours and that should do it. I adjusted from J1 and my wife didn't work (was student) at the time of AoS so only used my income. We used my job contract, additional letter from employer, pay stubs, tax transcripts, bank statements and had no issues. Good luck!

[carmel34 3,633]

13 hours ago, byh said:

but no proof was provided and asked for (Tax returns, W2's, Paystubs...)

Seems strange that required documents were not included with the I-864s... the instructions on the form are pretty clear.  Submit them to respond to the RFE and you should be okay.  Good luck!

[geowrian 22,337]

Income from OPT has been accepted in cases in the past.

No I-864A needed from you...the petitioner can just add your income/assets to the household income and complete the I-864 appropriately.

Yes, tax returns and evidence of current income must be provided.

It would also be suggested to provide a letter indicating your employment status and that your work will continue after being granted permanent residency.

[LBINUS 0]

Thank you all for your advice.

[mydas28 19]

Include your EMPLOYMENT VERIFICATION LETTER, paystubs, tax transcripts, W2 for the last 3 years. I was in a similar situation like yours as my USC wife's income was way below the poverty guidelines but my income was alone enough to cover 10 times the poverty guidelines. I did not add my employment  verification letter and was promptly sent an RFE. After sending them the necessary documents, my case is now ready to be scheduled for interview.

 

As the other members have mentioned, you HAVE to show that both of you are listed under one address. You don't have to physically live there but you need joint ownership in like utilities, bank accounts, rental/Owned properties, Auto/Health insurance etc.

 

Hope that helps.

Edited March 3, 2020 by mydas28

[LBINUS 0]

Thank you for you advice nydas28. I sent them all the following yesterday. I hope everything goes alright. 

[LBINUS 0]

Actually did you get your EAD before the interview after submitting the response to the RFE?

[arken 4,197]

I hope you didn’t leave out any supporting docs for i864. They may not send out any RFE anymore.

[LBINUS 0]

I did include every document I have:

 

1. Letter of Employment (Showing my salary, position, hours, date I started..)

2. Complete Joint Federal Tax Return for this year 2019

3. Complete Tax Return for myself for year 2018 and for her

4. My Pay stubs for the last 14 months

5. My bank statement for the last 15 months.

6. Proof of Assets that I have (Stock market certificate of ownership and brokerage statements)

7. Letter from the VA showing her monthly benefits.

8. The only W2's I have (2018 and 2019) showing more than needed to meet the threshold.

9. Picture of my valid EAD card.

 

do you think I missed something?