Affidavit of Support / proof of work authorization help!

[Rachel433]

Hi fellow immihelp-ers!

I need help with figuring out an issue regarding the affidavit of support I filed almost a month ago.

I already received notices of approval (I filed everything concurrently with the I-130) and my biometrics appointment is scheduled as well. When we filed out our affidavit of support, my (US citizen) husbands annual income falls just below the poverty guidelines, so we also used my income as a household member. The problem is that I started working when I was authorized (and granted a social etc.) for a year, and then I just continued to work after my work authorization expired (late 2012). So for all of 2013, I was not authorized to work, however I have been filing tax returns, and diligently paying my taxes, and included these tax returns and my 2013 income in the affidavit of support.

A few days ago, I received a request from the USCIS that they need the following information:
"for the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the US...must submit evidence that they were authorized to work"
"Examples include the following:
- form I-94 showing classification allowing intending immigrant to work lawfully in the US or employment authorized annotation
- copy of valid employment document issued by USCIS"

I have a work authorization card valid from 2011-2012, as well as a visa authorizing the same time period. Should I just send a copy of those 2 documents?
Are there any other options I have? And what are the consequences if I can't send the authorization they need?

Any help or input would be greatly appreciated!

[rayb]

Did you apply for a renewal Work Authorization before you existing one expired? If not, why not?

Without a Work Authorization and having an expired visa, you have been working illegally, which USCIS does not like.

You have no choice but to respond with the requested evidence and a succinct explanation of what and why you have been working, but that you have since ceased working, discovering that you were out of compliance.

--Ray B

Hi fellow immihelp-ers!

I need help with figuring out an issue regarding the affidavit of support I filed almost a month ago.

I already received notices of approval (I filed everything concurrently with the I-130) and my biometrics appointment is scheduled as well. When we filed out our affidavit of support, my (US citizen) husbands annual income falls just below the poverty guidelines, so we also used my income as a household member. The problem is that I started working when I was authorized (and granted a social etc.) for a year, and then I just continued to work after my work authorization expired (late 2012). So for all of 2013, I was not authorized to work, however I have been filing tax returns, and diligently paying my taxes, and included these tax returns and my 2013 income in the affidavit of support.

A few days ago, I received a request from the USCIS that they need the following information:
"for the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the US...must submit evidence that they were authorized to work"
"Examples include the following:
- form I-94 showing classification allowing intending immigrant to work lawfully in the US or employment authorized annotation
- copy of valid employment document issued by USCIS"

I have a work authorization card valid from 2011-2012, as well as a visa authorizing the same time period. Should I just send a copy of those 2 documents?
Are there any other options I have? And what are the consequences if I can't send the authorization they need?

Any help or input would be greatly appreciated!

[Rachel433]

Did you apply for a renewal Work Authorization before you existing one expired? If not, why not?

Without a Work Authorization and having an expired visa, you have been working illegally, which USCIS does not like.

You have no choice but to respond with the requested evidence and a succinct explanation of what and why you have been working, but that you have since ceased working, discovering that you were out of compliance.

--Ray B

Thanks for the response Ray, another problem is that I am still working. How would I go about letting the USCIS know - do I just fill out and submit a new affidavit of support with my husband's income and our assets? or do I write them a letter of explanation. I could not extend my work authorization because I came in on an F1 student visa, and was granted 1 year of work authorization through Optional Practical Training (OPT), so I would have to re-apply as a student and enroll in a new program.

[rayb]

You will have to take this a step at a time. Your first step is to respond to the USCIS request, giving them what they are asking for, or an explanation for why you cannot give it.

Most likely, they will discount the sponsor ship package you have provided and ask that it be resubmitted without your information, or that a co-sponsor (or both) be provided.

--Ray B

Thanks for the response Ray, another problem is that I am still working. How would I go about letting the USCIS know - do I just fill out and submit a new affidavit of support with my husband's income and our assets? or do I write them a letter of explanation. I could not extend my work authorization because I came in on an F1 student visa, and was granted 1 year of work authorization through Optional Practical Training (OPT), so I would have to re-apply as a student and enroll in a new program.

[Diana Salvador]

Rayb please help me

You will have to take this a step at a time. Your first step is to respond to the USCIS request, giving them what they are asking for, or an explanation for why you cannot give it.

Most likely, they will discount the sponsor ship package you have provided and ask that it be resubmitted without your information, or that a co-sponsor (or both) be provided.

--Ray B

Hello RAY B!! I NEED YOU TO ANSWER 3 SIMPLE QUESTIONS PLEASE. I came here with a b2 visa and got proposed by my boyfriend, should we get married after 3 months only?

also, they say as a signature handwritten name is not acceptable BUT I HANDWRITE MY NAME IN ALL DOCS AS MY SIGNATURE ALWAYS.. What should I do?

my fiance middle name doesn't fit in the space cause he has two middle names... what do i do? how many pictures in each form? (I-485, I-130, I-131, I-864/ permission to travel)

[rayb]

Diana,

Marry when you are ready to marry.

In the U.S., a scripted (handwritten) signature is most appropriate.

Truncate or abbreviate his middle name.

You need 3 passport-style photos of your husband and 7 of you.

--Ray B

Hello RAY B!! I NEED YOU TO ANSWER 3 SIMPLE QUESTIONS PLEASE. I came here with a b2 visa and got proposed by my boyfriend, should we get married after 3 months only?

also, they say as a signature handwritten name is not acceptable BUT I HANDWRITE MY NAME IN ALL DOCS AS MY SIGNATURE ALWAYS.. What should I do?

my fiance middle name doesn't fit in the space cause he has two middle names... what do i do? how many pictures in each form? (I-485, I-130, I-131, I-864/ permission to travel)