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Hello everyone,
I entered the United States at the end of last year on a K1 visa, have since married my fiancé and are in the process of filing for adjustment of status. The process so far has gone smoothly, I have received receipt notices for the I485 (+ work permit and travel document applications) and attended my biometrics appointment. Yesterday I received a Request for Initial Evidence on my I-485 that asks for the following:
My wife's income for the previous tax year WAS below the poverty threshold because she spent 6 months studying abroad in my home country and thus only received about half her normal annual income. When submitting the affidavit of support application we (on the advice of a family member who had been in this situation when she immigrated) provided signed letters from my wife's two employers indicating her rate of pay, hours worked and her expected annual income from both. The combined total of the income from her two jobs was above the poverty guidelines by quite some margin so it's quite puzzling to receive a request for evidence on this.
I called the USCIS phone line and I was told that this wasn't good enough and that the bottom line was my wife's income had to be above the poverty guidelines for the previous tax year or that I had to obtain a co-sponsor.
I'm also puzzled about the RIE mentioning that the social security number on page 4 of I-864 was blank. We paid a great deal of diligence while completing our forms and were sure that we completed all of the fields. Regardless, is it not good enough to have statements from current employers showing that a sponsors present income is above the poverty threshold?
Secondly, the other option failing my wife's income being acceptable is to get a co-sponsor, which my mother-in-law is willing to do. The only possible hitch is that in 2003 she sponsored her mother's entry into the US and she (against the advice of the family) ended up claiming benefits - money that ended up coming out of her pocket. My MIL says she recalls being told this made her ineligible to sponsor future immigrants. Is this true? Is she going to be able to co-sponsor my application?
Sorry this was a bit long winded. I appreciate any help and advice you might have.
Thank you all
I entered the United States at the end of last year on a K1 visa, have since married my fiancé and are in the process of filing for adjustment of status. The process so far has gone smoothly, I have received receipt notices for the I485 (+ work permit and travel document applications) and attended my biometrics appointment. Yesterday I received a Request for Initial Evidence on my I-485 that asks for the following:
"- The Sponsors Social Security Number on Page 4 of the petitioner/sponsor's Form I-864, Affidavit of Support (revision date 07/02/2015) was not completed
The Petitioner / sponsor must complete and return page 4 of form I-864.
- Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.
The Petitioner / Sponsor must submit all supporting documents for the most recent tax year
- Based on the documents submitted with form I-864, Affidavit of Support, for the petitioner / sponsor, the income did not meet 125% (100% if military) of the poverty guideline for the petitioner / sponsor's household size.
Submit evidence of assets that meet the standards below or obtain a joint sponsor.
Assets must equal the stated difference for applicants filing as orphans
Assets must equal three times the difference for a spouse or child of a United States Citizen
Assets must equal five times the difference for all others. (before going on about what constitutes an acceptable asset and instructions for obtaining a joint sponsor.)
The Petitioner / sponsor must complete and return page 4 of form I-864.
- Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.
The Petitioner / Sponsor must submit all supporting documents for the most recent tax year
- Based on the documents submitted with form I-864, Affidavit of Support, for the petitioner / sponsor, the income did not meet 125% (100% if military) of the poverty guideline for the petitioner / sponsor's household size.
Submit evidence of assets that meet the standards below or obtain a joint sponsor.
Assets must equal the stated difference for applicants filing as orphans
Assets must equal three times the difference for a spouse or child of a United States Citizen
Assets must equal five times the difference for all others. (before going on about what constitutes an acceptable asset and instructions for obtaining a joint sponsor.)
I called the USCIS phone line and I was told that this wasn't good enough and that the bottom line was my wife's income had to be above the poverty guidelines for the previous tax year or that I had to obtain a co-sponsor.
I'm also puzzled about the RIE mentioning that the social security number on page 4 of I-864 was blank. We paid a great deal of diligence while completing our forms and were sure that we completed all of the fields. Regardless, is it not good enough to have statements from current employers showing that a sponsors present income is above the poverty threshold?
Secondly, the other option failing my wife's income being acceptable is to get a co-sponsor, which my mother-in-law is willing to do. The only possible hitch is that in 2003 she sponsored her mother's entry into the US and she (against the advice of the family) ended up claiming benefits - money that ended up coming out of her pocket. My MIL says she recalls being told this made her ineligible to sponsor future immigrants. Is this true? Is she going to be able to co-sponsor my application?
Sorry this was a bit long winded. I appreciate any help and advice you might have.
Thank you all
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