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rochestergrad

Income requirement for I-485 in AOS

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Filed: Lift. Cond. (pnd) Country: China
Timeline

Hi all,

I have a question about sponsor's income requirement. My husband is the sole sponsor of my application. We met in Grad school, and we both had our own fellowships. Usually every student's fellowship is around 30K per year. So in the past three years, for the first two, he had over 30K income per year, and in the last one, since it's his last year in the program, the fellowship was reduced to a bit under 19K (less than required by USCIS), though for that year I still have my 30K income (but I didn't report my own asset in the application).

Now this September he graduated and started to work, and his salary is going to be 130K per year, which should be well above the required income for a family of two. But since he just started his job, we don't have any tax forms or pay stub to send along with our application (it was filed in the middle of September 2015). What should we do in this situation? What evidence can we submit in case of receiving a RFE?

Thanks a ton!

09/14/2015 - AOS Package Mailed (I-130, I-485, I-864, I-765, I-131)

09/17/2015 - AOS delivered and signed for

09/28/2015 - NOA assigned by USCIS

10//01/2015 - Biometrics Appointment letter received

10/05/2015 - notification of I-485 RFE sent out

10/14/2015 - Biometrics Appointment for EAD/AOS

10/27/2015 - USCIS received RFE response, begins working on the case again

11/23/2015 - EAD/AP approved, new card is in production

11/23/2015 - I-485 case ready to be scheduled for an interview

12/02/2015 - EAD/AP card received

1/13/2016 - interview is scheduled on Feb 16th, 2016

2/16/2016 - interview canceled due to imminent weather

3/16/2016 - 2nd interview scheduled for Apr 20th, 2016

4/20/2016 - Green card approved.

 

1/26/2018 - Applied for Remove of Conditions

1/26/2019 - Applied for N-400

6/6/2019  -  Interview for N-400 scheduled on 7/11/2019

 

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He needs CURRENT income proofs, and you can job contract stating salary and benefits and personal statement about new job. By the time you receive RFE, he should have some pay stubs.

If you can't prove your income will be from same source, you can't use your income on I-864.

If you can't convince USCIS about sufficient income, it is time to find joint sponsor.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Filed: Lift. Cond. (pnd) Country: China
Timeline

He needs CURRENT income proofs, and you can job contract stating salary and benefits and personal statement about new job. By the time you receive RFE, he should have some pay stubs.

If you can't prove your income will be from same source, you can't use your income on I-864.

If you can't convince USCIS about sufficient income, it is time to find joint sponsor.

Right, I am graduating soon as well, so I will not have the same income from the same source (Graduate School fellowship) for sure in the future. That was exactly why I didn't report my own asset.

How will you know if USCIS are not convinced after submitting new evidence? Will they deny your application right away? Or do they send out more RFEs? Should I just go find joint sponsor right away then?

Thanks a lot!

09/14/2015 - AOS Package Mailed (I-130, I-485, I-864, I-765, I-131)

09/17/2015 - AOS delivered and signed for

09/28/2015 - NOA assigned by USCIS

10//01/2015 - Biometrics Appointment letter received

10/05/2015 - notification of I-485 RFE sent out

10/14/2015 - Biometrics Appointment for EAD/AOS

10/27/2015 - USCIS received RFE response, begins working on the case again

11/23/2015 - EAD/AP approved, new card is in production

11/23/2015 - I-485 case ready to be scheduled for an interview

12/02/2015 - EAD/AP card received

1/13/2016 - interview is scheduled on Feb 16th, 2016

2/16/2016 - interview canceled due to imminent weather

3/16/2016 - 2nd interview scheduled for Apr 20th, 2016

4/20/2016 - Green card approved.

 

1/26/2018 - Applied for Remove of Conditions

1/26/2019 - Applied for N-400

6/6/2019  -  Interview for N-400 scheduled on 7/11/2019

 

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Right, I am graduating soon as well, so I will not have the same income from the same source (Graduate School fellowship) for sure in the future. That was exactly why I didn't report my own asset.

How will you know if USCIS are not convinced after submitting new evidence? Will they deny your application right away? Or do they send out more RFEs? Should I just go find joint sponsor right away then?

Thanks a lot!

They will send another RFE if they still find it insufficient. You are gonna be okay. Good luck.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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