stocks

Im happy we know what the rfe is. Im not happy that we missed it.

stocks

ok so heres an update.

My USC wife has been a student last 4 years with some part time work in between.

So she will not meet for 125% poverty line for last year. But as a result of her passing her law degree and just recently the Bar Exam she now has a job. Started this week.

Her earnings for this current year will make the 125% poverty line easily.

so we have sent in the i864 with all the information it requires, last years tax returns. And a letter from her current work place explaining start date and salary etc...and a letter explaining why she has not earned enough last year as a result of her being a student.

Is this ok? Can you give me any advice?

Noorah101

It might be. It might not be. Only the adjudicating officer can make that decision. Sometimes, previously being a student is an understandable reason why she hasn't earned income and why her job is new. Other times, with the job being so new, they want a joint sponsor.

Did you add your income to hers on the I-864? Your income can also be included, since you're working legally here in the USA.

Rene

ian-mstm

You're making a very common, but incorrect, assumption. People often misinterpret "3 years of tax returns" to mean "3 years of tax returns at 125% of the poverty level". There is no such requirement.

Just so you are absolutely clear... there is no requirement that she meets the 125% threshhold in any year other than the current year. It doesn't matter that she didn't meet that amount last year... what matters is that she meets it this year.

Ian

stocks

We didnt as yet because right now I am on a LOA from my workplace and when I eventually get perm res status I may not be working for the same company.

we read in the instructions that we can provide my income but only if the income will continue to come from the same source once I get perm res status.

So right now we did not add my income as we assume that her earning what she is doing now will suffice.

As a result of doing this if they decide that it is not acceptable then we will add my income but explain it will come from another employer source once perm status is reached.

I can add pay stubs from last 6 months, and a letter from my employer stating I am on a LOA. But not add my income in the i864 to aid my wifes income. Jusr put it in there to show my earnings for last 6 months etc.?

do you think that is a good plan?

ian-mstm

Are you already in the US? If you are, then that is NOT what the instructions say.

Ian

stocks

I am in the USA, have been since 2002.

we just read the i864 instructions and took it from there. My apologies for the ignorance.
What would you advise then?

ian-mstm

If you are married, in the US, and working... then you can add your income to your wife's for the I-864.

Ian

Noorah101

The LOA is unpaid? Then you can't include it, no.

If you aren't current earning any income, you can't include it. Your current income, if you are on an unpaid LOA, is zero. Future income can't be counted on the I-864 either. So saying you'll get income from another employer won't help.

No. Just leave it as is for now until you hear get an answer on the I-864 you submitted.

When you go to your AOS interview, your wife should bring another current letter from her employer and more recent paystubs, just to show that she is still currently working for that same company at that same income level.

Rene

stocks

they will then ask for evidence of that employment right from me?

If they do I will be sending them a letter that I am on a LOA and not currently earning. The LOA is for 3 months, during that time I have been given approval to look for a transfer within the company. Or I might even change companies after 5 years on the L1a.

Thats why Im a bit concerned about them stating my income has to come from the same source once I receive perm status. It may not, it may come from another source, a new employer.

Noorah101

I'm not following this question. Who is "they"? If you did not list your income on the I-864 (as you say you did not), then USCIS will not be asking for evidence of your employment.

USCIS won't be asking you for evidence of your employment, if you did not list it on the I-864 (as you say you did not). You did this correctly, since now you clarified that your LOA is unpaid, so you are NOT currently earning any income. So there was no income to list on the I-864 anyway.

You did the right thing not listing it. Don't worry about it anymore.

Rene

stocks

Im not, its done.

Just gonna now wait for their response.

Thank you very much.

ian-mstm

You have a very serious misunderstanding of the I-864 requirements. The bit about income continuing from the same source is only, ONLY, ONLY if you are not yet inside the US. Once you are inside the US it does NOT matter whether your income comes from the same source.

I honestly don't know how many times I can tell you this before you understand. You seem to think it's important... it isn't.

Ian

Noorah101

I agree with you, but in this case it's moot anyway, since stocks has zero current income anyway.

Rene

ian-mstm

Agreed... but he's also concerned about future income and its effect on a current I-864. I'm hoping that he understands that it doesn't make any difference at all.

Ian