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I-485, EAD, AP on a K1 visa submission question

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Hello,

I'm in the process of compiling the i-485 packet with EAD and AP combo. Unfortunately, my wife's (the petitioner) last year's ITR isn't above the poverty guideline because she spent 2 months in the Philippines in that time span of last year's ITR. She recently got a new full time job that is comfortably way over the minimum on the i864-p poverty guideline. which is almost twice.

Can we provide her latest certificate of employment from her new employer to justify her Affidavit of Support for me? Also will the issue affect the time the EAD and AP (which is an average of 70 days as of today) is processed? Her previous 2 ITR's are way over the minimum poverty guidelines, will that help our case?

Thanks!


I-129F Sent : 2014-07-31

I-129F NOA1 : 2014-08-09

I-129F RFE(s) : 2014-10-8

I-129F NOA2 : 2014-10-28

Interview: 2014-12-23 Approved!

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The current income is the most important factor, but they do look at the overall totality of your situation. So, the past years returns being over the requirement could in fact help to show a pattern of ongoing stable income. Yes, she can provide a letter from employer and even recent pay stubs to show her current income meets the requirement. The amount she is currently earning annually is what she will list on on Part 6 #5 and 10.

The only way the I-864 can have an impact on the EAD/AP approval is if you receive an RFE and the clock is temporarily stopped on your case processing while the RFE is responded to. http://www.uscis.gov/forms/tip-sheet-employment-authorization-applications-pending-more-75-days


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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A well worded letter on company letter head, with the documentation you need would be quite helpful, I would think.

Especially, the new job, and the new income stated. And it would not hurt for it to say it was not a temp. job.

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A well worded letter on company letter head, with the documentation you need would be quite helpful, I would think.

Especially, the new job, and the new income stated. And it would not hurt for it to say it was not a temp. job.

We have this already stated in it that it's full time and also stated the yearly salary.

The current income is the most important factor, but they do look at the overall totality of your situation. So, the past years returns being over the requirement could in fact help to show a pattern of ongoing stable income. Yes, she can provide a letter from employer and even recent pay stubs to show her current income meets the requirement. The amount she is currently earning annually is what she will list on on Part 6 #5 and 10.

The only way the I-864 can have an impact on the EAD/AP approval is if you receive an RFE and the clock is temporarily stopped on your case processing while the RFE is responded to. http://www.uscis.gov/forms/tip-sheet-employment-authorization-applications-pending-more-75-days

So when I get an RFE for the i-485 AoS my EAD is temporarily process is paused too?


I-129F Sent : 2014-07-31

I-129F NOA1 : 2014-08-09

I-129F RFE(s) : 2014-10-8

I-129F NOA2 : 2014-10-28

Interview: 2014-12-23 Approved!

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