K1/AOS Affidavit of support does not meet 125%

[Sheraf 0]

Hi,

First I'd like to thanks this awesome community that helped us a lot through the whole, sometime confusing, process of K1 visa and AOS.

I got married through the K1 visa and applied for the Green Card, I received a Request of Initial Evidence saying that my sponsor (wife) does not meet the 125% of the poverty guideline.

For the past few years we were traveling together, that is why she wasn't able to work and did not me the poverty guideline, we're now living in the U.S. and she's back to work.

I work online as a freelancer in I.T. but I'm not supposed to put my income on the I-864.

It's been now over 6 months that we are married and I live in the U.S. with her, which give me the ability to put my income on the I-864.

The Request of Initial Evidence I received is asking either for assets or a joint sponsor, unfortunately we have neither of both.

I'd like to know if I can reply with a new, updated, I-864, containing her new incomes and combined with my incomes, which will meet the 125% of the poverty guideline, though we don't have tax return for the year 2016 yet, as it is supposed to be done at the beginning of next year.

If the previous option isn't suitable, I'll probably then get denied on this application, then, I'd like to know how "safe" it is for me to stay until we get the new tax return and then reapply for the whole Green Card process?

Thank you!

Edited December 14, 2016 by Sheraf

[KayDeeCee 4,891]

You can supply an updated I-864 listing her current annual income and providing documents to prove she is earning that amount, such as letter from employer and recent pay stubs. You can include your income if your income will continue from the same source once you become a permanent resident. You must provide proof that the income will continue from the source, along with documentation proving your income amount. Since you are self-employed, it would be so much better if you had a tax return showing your income on it, but if you must respond to the RFE before you can file your 2016 taxes, then provide as much proof as you can of your income, including bank statements showing your income deposits.

There is no guarantee that they will accept the updated I-864 with her having recent new incomes, but provide as many months of pay stubs as possible. If it is not accepted and they deny you, then you will be out of status, but should not leave the US. Stay and file again. You will be in a period of authorized stay once again when you refile.