mrmoyet

Tenner bets you still get your ead before me!

Sucks not being able to work, planning heading home to the uk to get a job as wife lost her job.

Good luck on the request for further further evidence RFFE

davidAW

Yup, she is definitely a pistol!

Well I am sure we will find out what the problem is, probably tomorrow.

Longy

If you filed in April, in theory you should get your EAD some time this month, however when did you file in April and how long did the RFE delay your processing.

I understand your frustration, but likely you will have the EAD within the next month - is it worth starting everything again to return home to try and find a job?

mrmoyet

Well my case was on hold for 2 weeks i think. Processing resumed on may 27th and no updates since then.

Think my form are lost or something.

Noorah101

Hi mrmoyet,

Just something for you to keep in mind....if you decide to stay in the USA and continue your AOS, your wife will need to bring an updated I-864 and backup documents (pay stubs, employment letter) to the AOS interview, if she has a new job by then. If she's still not employed by that time, you'll need to get a Joint Sponsor for the I-864.

Rene

Longy

OK, so you should get it within 90 + 14 days of filing - if you don't you should make an infopass appointment and you should be able to get a interim EAD until your get the approval.

In fact that may just be 90 days of filing regardless of the RFE - someone else may be able to comment on this.

But unfortunately a lot of this just takes time and you need to be patient.

meauxna

Once there is an RFE, all processing estimates and guarantees go out the window.
They're not issuing interim EADs anymore either. Although, one can go to an Infopass appt and complain, which might do something.
But not until 90 days from 'something'.

ian-mstm

The US Constitution does not afford a USC the right to have a foreign spouse live/work in the US without due process. They're also unlikely to take her word that you're not "some middle eastern terrorist" without checking it out for themselves!

Ian

nettlebed

Well pointed out Ian: the only rightlike this that a USC has is the right to petition to be allowed to bring a spouse, and even that is not in the Constitution, IIRC.

jeffreyhy

dAW,

The issue is that one does not preclude the other. These are not mutually exclusive items.

But isn't "Customer Service" even more misleading? Disservice would be appropriate!


I doubt it, and I know you're being facetious, but you're correct that her attitude can be rather counterproductive!

Sounds like you have the right frame of mind to deal with the situation.

Regards, JEff

davidAW

OK, letter arrived.

As I feared, despite our very best endeavors to try and convince USCIS that 2008 was a very bad year for my Wife income wise, and that 2005/6/7's income was sufficient for the Poverty Guidelines and indeed her 2009 income to date is twice the level already that 2008 was in total, they once again have thrown it back! Indeed, the latest letter's comment about either "submitting evidence of assets or obtaining a joint sponsor" has the "joint sponsor" bit highlighted in yellow pen! So I guess they want me to find a joint sponsor

Before I continue with my plans, I would like to check that my proposed Joint Sponsor will be acceptable. In short, he is a business owner with a net worth (asset based) in excess of $1mio, he has taken no income from his companies over 2008, indeed his 1040, Sch C shows a negative $200k which he has used to keep the companies afloat during the year. But as far as I can read in the I-864 step by step instructions, he ticks all the boxes viz.,

US Citizen and Resident over 18 years of age; income and/or assets equal at least 125% of the Poverty Guidelines; assets that can be converted into cash within one year without hardship or financial loss ensuing, able to provide asset descriptions, proof of ownership and net cash value.

In box 23 of Part 6 of the I-864 it asks for the Sponsors current individual annual income....this presumably is for 2009. As a business owner and therefore not an employee, he can provide a 6 month P&L showing his remuneration to date which is in excess of $100k.

So, with this information, can someone confirm that he will be an acceptable joint sponsor (he only needs to make up a shortfall of less than $6000)

Thanks in advance!

David

Noorah101

Hi David.

A few things:

1. The Joint Sponsor does not need to only make up a $6,000 difference, he needs to qualify separately from you guys, according to his own family size plus the immigrant. Unless he has a huge family, 100K of income should do it....however....

2. For a self-employed person, their own individual income is not the same as the business income. They need to look at the total business income, minus the business expenses, to come up with whatever is leftover. If the business shows a loss, then their individual income is zero.

3. I couldn't tell if you were talking about the Joint Sponsor using income or assets to qualify...but if it's assets, the assets need to equal 5x the amount he would have needed in income. So, if the Joint Sponsor is single, he will show a family size of 2 (himself and you), which I believe is around $18,500 income needed. Multiply that by 5, and you get $92,500, which is what his assets need to be worth.

4. The asset value is determined by the value of the property minus any outstanding loans on the property, so that's a factor as well, if he has outstanding mortgages on the buildings.

5. If the property is the main source of his income (for example, rental properties), that probably won't be very useful, as he wouldn't be able to liquidate the property and still have an income at the same time.

Just things to keep in mind!

Rene

Noorah101

This will mean his actual personal income was zero. Whether he has assets to make up for it, I can't tell. When a business owner is a joint sponsor, they must make sure they are not using any of the business income on the I-864, it has to be their own personal income. A business cannot be a joint sponsor, only an individual can be one.

Income should equal 125% of the poverty guidelines. Assets will need to be 5x that amount.

Yes, current annual income is for 2009. He will show income if he shows a Profit on the P&L statement, but not if he shows a loss.

He actually needs to qualify on his own, depending on his family size plus the immigrant. He doesn't only make up a shortfall that you are lacking.

I know this post repeats what I wrote above, but thought it better to break each section down and respond to it as well.

Rene

davidAW

Thanks Rene,

OK on your first point!

2. My understanding is that 2009 income is profit share so (I assume) would just be subject to taxation in the normal way. He is not sinking an more money into the businesses as they now are self sufficient.

3. For 2008 it would be asset based if USCIS are still banging on about 2008! (I get a bit confused about exactly what they are meaning. 2008 is gone, whatever the income was in 2008 is rather meaningless now as whatever that was or wasn't, it is no guarantee that it could keep me out of the welfare system if it all went terribly wrong!)

For 2009, it would still be the assets plus the income that he has had (approx $100k) but as it is only July, that can only be documented with a P&L report!

4. The main asset is a free and unencumbered (no liens/no loans) farm in OH worth conservatively $1mio.

5. The asset could be sold without affecting his income as the income stated above is from the Companies not the farm.

David

Noorah101

OK, so basically the Joint Sponsor will be using the farm property as the asset to sponsor you. I think by $1mio, you mean $1 million? If he has property that is free and clear, and can show the value at $1 million, that should do it, no need to even list the business or his income, etc. Don't complicate things.

USCIS cares about 2009 income/asset value. The I-864 asks for a 2008 figure, but USCIS cares about *current* income and assets.

Rene