EAD for pending I-130 application & I-485

[PeterBan]

Hi Experts,

My wife has recently filed petition for me family based GC, and we are facing difficulty that she does not have any Tax payment history in previous years due to Studies etc.

Now we got initial RFE for providing information on assets etc / co Sponser, which we are not able to convince anyone to sign due to language and liability described in it.

My Question is:

1. Can we withdraw I-485 due to lack of support affidavit and refile it next year, when we have tax return in had with her taxes filed information.
2. Can i apply for work permit some how to start working as i am un- employed currently due to lack of work permit.

Please share your experience / advice.

Thanks in Advance.
PB

[rayb]

If you are unable to provide sponsorship evidence in the time allowed, your package will be denied and your fees will be forfeited. You can attempt to withdraw your application, but you will still lose your fee.

Is your wife currently working? If so, and for at least the last few months, try to respond to the RFE with proof of her employment, annualized income and a written statement explaining why she did not have to file income tax returns in past years.

My advice is as follows:
1. Make a stronger effort to find a co-sponsor.
2. But if that is unsuccessful, assume that the I-130 approval is still valid, for up to a year, and the medical exam should be replaced with a new copy for your next submittal.

--Ray B

Hi Experts,

My wife has recently filed petition for me family based GC, and we are facing difficulty that she does not have any Tax payment history in previous years due to Studies etc.

Now we got initial RFE for providing information on assets etc / co Sponser, which we are not able to convince anyone to sign due to language and liability described in it.

My Question is:

1. Can we withdraw I-485 due to lack of support affidavit and refile it next year, when we have tax return in had with her taxes filed information.
2. Can i apply for work permit some how to start working as i am un- employed currently due to lack of work permit.

Please share your experience / advice.

Thanks in Advance.
PB

[Tyra]

Hello Ray B. can you advice me?

If you are unable to provide sponsorship evidence in the time allowed, your package will be denied and your fees will be forfeited. You can attempt to withdraw your application, but you will still lose your fee.

Is your wife currently working? If so, and for at least the last few months, try to respond to the RFE with proof of her employment, annualized income and a written statement explaining why she did not have to file income tax returns in past years.

My advice is as follows:
1. Make a stronger effort to find a co-sponsor.
2. But if that is unsuccessful, assume that the I-130 approval is still valid, for up to a year, and the medical exam should be replaced with a new copy for your next submittal.

--Ray B

Hello Sir Ray B.

I need your advice. My I-485 is pending and they will give us 87 days because the affidavit of support of my husband is low
income. Then my aunt is willing to co-sponsor to my husband. The income of my husband is from pension and his annual $8,860.00 from SSS. Then from my aunt her 2014 annual from W2 and SS pension is total amounted USD$23,976.00. It's true
The total income to my USC husband and to my aunt it will combine? How we sure that we are exceed to the poverty guidelines? As in the table they need only USD$19,778.00 dollars? Is this enough to approve our application the I-485? We are 17 yrs of marriage and my husband come here last year because of his cancer and me this year February 2015, we decided to upgrade my visa from B2 to Change status for Greencard. That's why I waited for 3 months for my EAD because the reason low income and we need co-sponsor. Can I ask them for EAD? Why they need to pending my I-765? Because I need to work, so that I have income? If my I-485 is pending, so my EAD will not give it to you as temp. Working permit? Please Ray B. We need your help, I'm worried everyday. I have a first sponsor my Auntie total annual income USD$23,976.00. Do I need to get a second sponsor?

Tyra .

[rayb]

Tyra,

To respond to the RFE for better sponsorship proof, your aunt must provide the following"
1. Completed I-864, Affidavit of Support
2. Copy of her U.S. birth certificate or Green Card or Naturalization Certificate or U.S passport iD page
3. Copy of her 2014 Federal income tax return
4. Copies of her W2's, SS statement, 1099 forms for 2014.
5. Employment verification letter or pay stubs

--Ray B

Hello Sir Ray B.

I need your advice. My I-485 is pending and they will give us 87 days because the affidavit of support of my husband is low
income. Then my aunt is willing to co-sponsor to my husband. The income of my husband is from pension and his annual $8,860.00 from SSS. Then from my aunt her 2014 annual from W2 and SS pension is total amounted USD$23,976.00. It's true
The total income to my USC husband and to my aunt it will combine? How we sure that we are exceed to the poverty guidelines? As in the table they need only USD$19,778.00 dollars? Is this enough to approve our application the I-485? We are 17 yrs of marriage and my husband come here last year because of his cancer and me this year February 2015, we decided to upgrade my visa from B2 to Change status for Greencard. That's why I waited for 3 months for my EAD because the reason low income and we need co-sponsor. Can I ask them for EAD? Why they need to pending my I-765? Because I need to work, so that I have income? If my I-485 is pending, so my EAD will not give it to you as temp. Working permit? Please Ray B. We need your help, I'm worried everyday. I have a first sponsor my Auntie total annual income USD$23,976.00. Do I need to get a second sponsor?

Tyra .

[Tyra]

thank you Sir Ray. i have all the copy you mentioned below 1 to 5.

Tyra,

To respond to the RFE for better sponsorship proof, your aunt must provide the following"
1. Completed I-864, Affidavit of Support
2. Copy of her U.S. birth certificate or Green Card or Naturalization Certificate or U.S passport iD page
3. Copy of her 2014 Federal income tax return
4. Copies of her W2's, SS statement, 1099 forms for 2014.
5. Employment verification letter or pay stubs

--Ray B

Sir Ray B. One thing I should ask, why they asked me a SS and tax in the US, I only included my business in my home country what should we do? Do we write a letter explanation that I never never work in the US? Because I put in my application that we have business in my country but why they asked me a income tax and I-94 that I already sent my copies my I-94 my B2 VISA that I arrived legally.

Do I need a second co-sponsor so that my application will sure approve? Or my first co-sponsor, it would be enough?

I received advance parole document and it will expired 2016 of May. If I used my travel document can the homeland security permit to return in the US while my application is pending? My VISA will expired on August 18, 2015 and my RFE will gives us 87 days and we have 45 days left so it is okay if I travel and can I return in the US even my I-485 is pending because of low income.

[rayb]

Please see my responses in caps:

sir ray b. One thing i should ask, why they asked me a ss and tax in the us, i only included my business in my home country what should we do? Do we write a letter explanation that i never never work in the us? Because i put in my application that we have business in my country but why they asked me a income tax and i-94 that i already sent my copies my i-94 my b2 visa that i arrived legally.

You must have put something in the i-864 to suggest that you have an income i the u.s. Or are working in the u.s. And confused the reviewer.

Do i need a second co-sponsor so that my application will sure approve? Or my first co-sponsor, it would be enough?

Your petitioner must be your primary sponsor. If her income is not enough, then you need a co-sponsor.

I received advance parole document and it will expired 2016 of may. If i used my travel document can the homeland security permit to return in the us while my application is pending? My visa will expired on august 18, 2015 and my rfe will gives us 87 days and we have 45 days left so it is okay if i travel and can i return in the us even my i-485 is pending because of low income.

if your rfe states that your ead and advance parole are in jeopardy until you satisfy the rfe, you may have a problem.