i485 RFE ~ Income does not meet poverty guidelines

[OhioBobcat]

Hi everyone,
I have recieved an RFE for income not meeting the poverty guidelines. I'm am the beneficiary for a marriage based AOS currently on OPT. My wife is not currently working but my income is well above the current poverty line (around 60K). I was surprised to receive this RFE because I thought spousal income can be used to supplement income requirement. I'm a little bit puzzled as how to approach this RFE because I do not want to simply resubmit the documents I have already provided then get another RFE. Did any of you face similar situation? Any suggestions?

[Yestoel92]

If your OPT expire you have no job so your income is not guaranteed to continue from the same source in the future. That alone makes it complicated for the immigration to accept yourself/income as the main part of sponsorship to yourself.

(Did you provide any solid. I mean rock hard solid proof that your income will be continuous from the same source into the future. Well even if you did. Just having opt kinda says otherwise because it expires therefore. Your source of income has an expiration date)

My suggestion
Your wife should get a joint sponsor.

Hopefully others will have better suggestions.

[azblk]

Hi everyone,
I have recieved an RFE for income not meeting the poverty guidelines. I'm am the beneficiary for a marriage based AOS currently on OPT. My wife is not currently working but my income is well above the current poverty line (around 60K). I was surprised to receive this RFE because I thought spousal income can be used to supplement income requirement. I'm a little bit puzzled as how to approach this RFE because I do not want to simply resubmit the documents I have already provided then get another RFE. Did any of you face similar situation? Any suggestions?

There is 2 ways to go about this. You can find a joint sponsor or you can obtain a letter from your current employer stating that your income will continue even after you obtain permanent residence.

[OhioBobcat]

Thank you for your responses azblk and Yestoel92.

I decided to give them both information. We filed for a joint sponsor and provided additional proof of my income as well. Thanks for your quick responses.