Request for Initial Evidence

[zanaeurope]

hi,

I recently filed my I-485 application together with everything else (I-765, I-130, I-131, i-864) after getting married to a US citizen. I have already been in the US for 4 years on an F-1 visa.

on the i-864 we included my husband's income, my own income in the past 3 years, and all our assets. I had been working as a teaching assistant for the university that sponsored my F1 - completely legally, paying taxes, and everything.

now I got a letter from USCIS saying that I need to submit evidence that my income was from a lawful source and that I had been authorized to work in the US (or otherwise they'll deny my I485). this makes no sense, as I was not authorized to work in the US in general, but as part of the F1 visa I'm authorized to work for the university sponsoring my F1.

what should I do?

thanks,
Z

[BigJoe5]

http://www.irs.gov/businesses/small/international/article/0,,id=96431,00.html

This link is an excellent resource to research the answer to your question.

[zanaeurope]

the link has lots of great information about income and taxation of foreign students, but it doesn't really help with my issue right now. I've never had any issues with the IRS - everything I've earned in the US has been properly taxed and filed in the proper category and on time. and I sent to USCIS my tax returns and all the tax forms (W2s, 1042-Ss, 1099s etc) which show the sources of my income are completely legal...

this is a mistake made by the USCIS adjudicator who thinks I need a work permit to work on campus when in fact I don't - my F1 student visa allows for that. so I'm not sure what the best way is to communicate to the USCIS that they are making a mistake asking me to provide them with a work permit for the income I've earned. should I call and try to reason with them? should I write a letter explaining that they're making a mistake? should I have the immigration consultant at my school write a letter explaining that they're making a mistake? ...?

thanks!

[BigJoe5]

Refer them to: 8 CFR 274a.12(b)(6)(i)

8 CFR 274a.12

(b) Aliens authorized for employment with a specific employer incident to status. The following classes of nonimmigrant aliens are authorized to be employed in the United States by the specific employer and subject to the restrictions described in the section(s) of this chapter indicated as a condition of their admission in, or subsequent change to, such classification. An alien in one of these classes is not issued an employment authorization document by the Service:

(6) A nonimmigrant (F–1) student who is in valid nonimmigrant student status and pursuant to 8 CFR 214.2(f) is seeking:

(i) On-campus employment for not more than twenty hours per week when school is in session or full-time employment when school is not in session if the student intends and is eligible to register for the next term or session. Part-time on-campus employment is authorized by the school and no specific endorsement by a school official or Service officer is necessary;

[nichole]

Write a statement something like

From [date] to [date] I was was an F1 student at the University of Oklahoma in Norman, Oklahoma. I was employed by the university as a teaching assistant in the chemistry department for 12-20 hours per week.

I was eligible to work based on 8 CFR 274a.12(b)(6)(i).

(b) Aliens authorized for employment with a specific employer incident to status. The following classes of nonimmigrant aliens are authorized to be employed in the United States by the specific employer and subject to the restrictions described in the section(s) of this chapter indicated as a condition of their admission in, or subsequent change to, such classification. An alien in one of these classes is not issued an employment authorization document by the Service:

(6) A nonimmigrant (F–1) student who is in valid nonimmigrant student status and pursuant to 8 CFR 214.2(f) is seeking:

(i) On-campus employment for not more than twenty hours per week when school is in session or full-time employment when school is not in session if the student intends and is eligible to register for the next term or session. Part-time on-campus employment is authorized by the school and no specific endorsement by a school official or Service officer is necessary;

Signature/Name/A-number/Date


You have to spell it out to them and not assume they will connect the dots themselves. Secondly, I would get a letter written on university letterhead (if possible) from your supervisor, the department head, or somebody from the university stating the dates of employment, position, avg hrs/wk, and salary.