Affidavit of Support / proof of work authorization help!!

[rachel433 0]

Hi fellow Visajourney-ers!

I need help with figuring out an issue regarding the affidavit of support I filed almost a month ago.

I already received notices of approval (I filed everything concurrently with the I-130) and my biometrics appointment is scheduled as well. When we filed out our affidavit of support, my (US citizen) husbands annual income falls just below the poverty guidelines, so we also used my income as a household member. The problem is that I started working when I was authorized (and granted a social etc.) for a year, and then I just continued to work after my work authorization expired (late 2012). So for all of 2013, I was not authorized to work, however I have been filing tax returns, and diligently paying my taxes, and included these tax returns and my 2013 income in the affidavit of support.

A few days ago, I received a request from the USCIS that they need the following information:
"for the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the US...must submit evidence that they were authorized to work"
"Examples include the following:
- form I-94 showing classification allowing intending immigrant to work lawfully in the US or employment authorized annotation
- copy of valid employment document issued by USCIS"

I have a work authorization card valid from 2011-2012, as well as a visa authorizing the same time period. Should I just send a copy of those 2 documents?
Are there any other options I have? And what are the consequences if I can't send the authorization they need?

Any help or input would be greatly appreciated!

[Merrytooth 5,748]

From what I have read here, you can't use your income for I-864 if the income is not going to continue after AOS.

Are you legally working now?

If not, You need a co-sponsor.

[rachel433 0]

I am still working at the same job now, and I hope to continue working there after I get my employment authorization renewed.

[Merrytooth 5,748]

I am still working at the same job now, and I hope to continue working there after I get my employment authorization renewed.

Sorry, do you have valid EAD now?

Edited August 20, 2014 by Merrytooth

[rachel433 0]

Sorry, do you have valid EAD now?

Technically, no. I have an employment authorization card valid until late 2012, but my (student) visa with work authorization was stamped at customs "D/S" and I have never left since then. My EAD is expired but I still use the social as I have an established credit history and file and pay my taxes (filed jointly this year with my husband).

[hellostranger57 18]

Not having valid EAD or work authorization means you cannot use your income as part of the household income. Technically, your income is from an unlawful source since your EAD is expired already. I'm not sure how to proceed. Let others chime in on this. I believe you have to find a co-sponsor who is a legal resident or a US citizen.

[belinda63 2,981]

"for the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the US...must submit evidence that they were authorized to work"

Were you authorized to work in 2013? NO

Are you currently authorized to work? NO
Can your income be used on the I-864? NO

Your spouse will have to show a source of income that meets the 125% of the poverty level or a combination of income and assets. If he cannot do this you will need a joint sponsor. Current income is what counts and your income, since you are not authorize to work, will not count.

As an aside, is your employer aware you are working without authorization? They could get in a lot of trouble for you working there.

[rachel433 0]

"for the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the US...must submit evidence that they were authorized to work"

Were you authorized to work in 2013? NO

Are you currently authorized to work? NO

Can your income be used on the I-864? NO

Your spouse will have to show a source of income that meets the 125% of the poverty level or a combination of income and assets. If he cannot do this you will need a joint sponsor. Current income is what counts and your income, since you are not authorize to work, will not count.

As an aside, is your employer aware you are working without authorization? They could get in a lot of trouble for you working there.

yes unfortunately this is how my situation unfolded, so what can I do from here? Do I just submit a new affidavit of support with my husband's income + assets (i.e., value of the car)? Or do I need to submit a letter of explanation?

[belinda63 2,981]

Usually they won't accept a car as an asset as you need to that for transportation. You need bank accounts, stocks, etc. for assets. You will need to obtain a joint sponsor.

[moraaj 3]

Hi fellow Visajourney-ers!

I need help with figuring out an issue regarding the affidavit of support I filed almost a month ago.

I already received notices of approval (I filed everything concurrently with the I-130) and my biometrics appointment is scheduled as well. When we filed out our affidavit of support, my (US citizen) husbands annual income falls just below the poverty guidelines, so we also used my income as a household member. The problem is that I started working when I was authorized (and granted a social etc.) for a year, and then I just continued to work after my work authorization expired (late 2012). So for all of 2013, I was not authorized to work, however I have been filing tax returns, and diligently paying my taxes, and included these tax returns and my 2013 income in the affidavit of support.

A few days ago, I received a request from the USCIS that they need the following information:

"for the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the US...must submit evidence that they were authorized to work"

"Examples include the following:

- form I-94 showing classification allowing intending immigrant to work lawfully in the US or employment authorized annotation

- copy of valid employment document issued by USCIS"

I have a work authorization card valid from 2011-2012, as well as a visa authorizing the same time period. Should I just send a copy of those 2 documents?

Are there any other options I have? And what are the consequences if I can't send the authorization they need?

Any help or input would be greatly appreciated!

Would you please let me know what you were required to do?

[NancyNguyen 1,657]

You need to find a co-sponsor.