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  • Request for evidence (form I-485)

    Hello,

    I have a question about my application for adjustment of status. I am an Italian citizen. I applied last October after marrying a US citizen.

    We received a request for evidence for my form I-485. It regards our income. Long story short: we are both PhD students. We work part-time for our University, and we have low incomes. The request for evidence has two points.

    First, it reads: "For the intending immigrant's income to be included in the household income, it must have been from a lawful source and earned while the intending immigrant was authorized to work in the United States." For this part I am presenting the following evidence:
    - I-94 (most recent entry);
    - F1 visa;
    - I-20 history;
    - W2 forms for the last three years (2015-2017), which show that my employer is my University;
    - Tax returns for the last three years (2015-2017), which show that all of my taxable income corresponds to the income reported by my University on the W2 forms.

    I completed my PhD program last month, and I received an offer letter from an employer. I also received my EAD last month. I am planning to submit the offer letter to show that I have future income (which is comfortably above 125% poverty guidelines).

    The second point of the request for evidence reads: "Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, MY WIFE, the income did not meet 125% (100% if military) of the poverty guideline for the petitioner/sponsor's household size. Submit evidence from a qualifying joint sponsor."

    My main question is: Do I actually have to submit evidence from a qualifying joint sponsor?

    Initially I thought that I only needed to present evidence that my income comes from a lawful source. In this way, including my income, our household income would be higher than 125% of the poverty guideline for a household of 2 (my wife and I). But I am having second thoughts, because the letter clearly says, "Submit evidence from a qualifying joint sponsor," and it never says, "present either this or that evidence."

    If I have to submit evidence from a qualifying joint sponsor, I will probably have follow-up questions.

    In the meantime, does anybody have an answer to my question? Please, and thank you so much!
    Last edited by S20; 06-12-2018, 11:39 AM.

  • #2
    AS long as your wife's income doesn't meet the 125%poverty line, you have to find the other way to prove. You can submit your offer letter but I guess they will ask for another evidence since your wife's income is still not over 125% of poverty line. It is hard to convince that if you loss the job your wife could cover both of you without ask for government benefit.

    Just my understanding.

    Originally posted by S20 View Post
    Hello,

    I have a question about my application for adjustment of status. I am an Italian citizen. I applied last October after marrying a US citizen.

    We received a request for evidence for my form I-485. It regards our income. Long story short: we are both PhD students. We work part-time for our University, and we have low incomes. The request for evidence has two points.

    First, it reads: "For the intending immigrant's income to be included in the household income, it must have been from a lawful source and earned while the intending immigrant was authorized to work in the United States." For this part I am presenting the following evidence:
    - I-94 (most recent entry);
    - F1 visa;
    - I-20 history;
    - W2 forms for the last three years (2015-2017), which show that my employer is my University;
    - Tax returns for the last three years (2015-2017), which show that all of my taxable income corresponds to the income reported by my University on the W2 forms.

    I completed my PhD program last month, and I received an offer letter from an employer. I also received my EAD last month. I am planning to submit the offer letter to show that I have future income (which is comfortably above 125% poverty guidelines).

    The second point of the request for evidence reads: "Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, MY WIFE, the income did not meet 125% (100% if military) of the poverty guideline for the petitioner/sponsor's household size. Submit evidence from a qualifying joint sponsor."

    My main question is: Do I actually have to submit evidence from a qualifying joint sponsor?

    Initially I thought that I only needed to present evidence that my income comes from a lawful source. In this way, including my income, our household income would be higher than 125% of the poverty guideline for a household of 2 (my wife and I). But I am having second thoughts, because the letter clearly says, "Submit evidence from a qualifying joint sponsor," and it never says, "present either this or that evidence."

    If I have to submit evidence from a qualifying joint sponsor, I will probably have follow-up questions.

    In the meantime, does anybody have an answer to my question? Please, and thank you so much!
    --------------------------------------------------------------------------
    Pittsburgh PA office
    PD: 1/10/2018
    Bio: 2/10/2018
    Courtesy letter: I 693 missing: 2/10/2018
    User-defined error for I485: 3/26/2018
    131 and 765 approved: 6/1/2018
    Received Combo card: 6/5/2018
    Interview was scheduled: 9/7/2018

    Comment


    • #3
      Because your wife's income is low, you can try to have one of her parent's as your joint sponsor. or you can show your income as co sponsor.

      Originally posted by S20 View Post
      Hello,

      I have a question about my application for adjustment of status. I am an Italian citizen. I applied last October after marrying a US citizen.

      We received a request for evidence for my form I-485. It regards our income. Long story short: we are both PhD students. We work part-time for our University, and we have low incomes. The request for evidence has two points.

      First, it reads: "For the intending immigrant's income to be included in the household income, it must have been from a lawful source and earned while the intending immigrant was authorized to work in the United States." For this part I am presenting the following evidence:
      - I-94 (most recent entry);
      - F1 visa;
      - I-20 history;
      - W2 forms for the last three years (2015-2017), which show that my employer is my University;
      - Tax returns for the last three years (2015-2017), which show that all of my taxable income corresponds to the income reported by my University on the W2 forms.

      I completed my PhD program last month, and I received an offer letter from an employer. I also received my EAD last month. I am planning to submit the offer letter to show that I have future income (which is comfortably above 125% poverty guidelines).

      The second point of the request for evidence reads: "Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, MY WIFE, the income did not meet 125% (100% if military) of the poverty guideline for the petitioner/sponsor's household size. Submit evidence from a qualifying joint sponsor."

      My main question is: Do I actually have to submit evidence from a qualifying joint sponsor?

      Initially I thought that I only needed to present evidence that my income comes from a lawful source. In this way, including my income, our household income would be higher than 125% of the poverty guideline for a household of 2 (my wife and I). But I am having second thoughts, because the letter clearly says, "Submit evidence from a qualifying joint sponsor," and it never says, "present either this or that evidence."

      If I have to submit evidence from a qualifying joint sponsor, I will probably have follow-up questions.

      In the meantime, does anybody have an answer to my question? Please, and thank you so much!

      Comment


      • #4
        Thank you both!

        Comment

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