AOS Questions (K1 Visa Holder)

[fedelrosario 0]

Hello

My wife and I were happily married a week ago and I have filled out the documents for the AOS, except for the very confusing I-864. Here is my situation:

• My wife is currently making way over the 125% required income for our household. I entered this amount on 23, 24a and 24c.
  
• This is my wife's 2nd year with a full time job. Last year she worked abroad as a teacher and had a summer job before starting her current job. Her W2 reflects last year's measly income, which is not over the required income for our household.
  

These are my questions regarding the I-864 and income:

• I understand that CURRENT income is what she is earning now and what I finally wrote in 24c. Is this what USCIS will look at to determine if her income is sufficient to sponsor me?
  
• If so, how do we prove this income? I believe 6 months of pay stubs and a letter from her employer should be enough.
  
• Also, why does USCIS need her tax information from last year for (question 25 on the form)? If the income shown on this information is below the required income level, will this application be denied? If this is the case please explain because in my head this is absolutely absurd...
  

I also have a question regarding work authorization. When I submit the I-485 with supporting documents I expect to receive a permanent resident card (green card) back from USCIS. Does this green card authorize me to work or do I need to apply for an EAD (I-797) along with my AOS?

Thanks in advance for any help on these questions.

[Veronik 19]

Hello fedelrosario,

I don't see why the income situation would be a problem. When we filed for the K-1 visa, Chris' income wasn't sufficient in the 2 previous years, but the current year he was good to go. Make sure you have a letter from the employer, 2 months worth of pay stubs, and also, you can put in savings the sponsor has in the form (part 7). Then you can get a letter from the bank and the last statements to prove those savings. Make sure you get tax transcripts for the last 3 years.

Has for the EAD, you should definitely apply for that with your AOS. You might need to have an interview for USCIS to issue your green card, and the whole process for the green card alone can take several months. You should get your EAD in roughly 2 months, and then you can start working while your green card is still pending.

Hope this helps, and good luck with the process!

[fedelrosario 0]

Thanks, this clears up my questions about the I-864 and the EAD. Good luck on your interview!!

[Veronik 19]

Thanks, this clears up my questions about the I-864 and the EAD. Good luck on your interview!!

Glad I can help! Thank you, hopefully it'll all go well!

[fedelrosario 0]

Another thing just popped into my mind. What if my father in law has filed for my wife's taxes (as a dependent) for the previous 3 years? Should we submit those filings or send a letter explaining why she hadn't filed?

[JimVaPhuong 4,863]

Another thing just popped into my mind. What if my father in law has filed for my wife's taxes (as a dependent) for the previous 3 years? Should we submit those filings or send a letter explaining why she hadn't filed?

What exactly are you saying? She didn't file tax returns for the past 3 years, and her father claimed her as a dependent on his tax return?

Ok, her tax return for the most recent tax year is required because the law specifically says that it's required. In fact, if it weren't an AOS case then they'd be required to submit tax returns for the most recent 3 tax years. See INA 213A, section 6:

http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=act

So the tax return is required by law, but they aren't required to base their decision solely on the tax return. What they're looking for is evidence that "demonstrates (as provided in paragraph (6)) the means to maintain an annual income equal to at least 125 percent of the Federal poverty line." They will almost always accept proof of current income for this.

If she didn't file a tax return in her own name then she should submit a letter explaining why she was not statutorily required to file a tax return. Be prepared that they might ask for a joint sponsor, since she doesn't have sufficient income history to prove she can maintain her income at the required level.

[fedelrosario 0]

I talked to my father in law and found out that he filed her taxes under her name. She had worked summer jobs and the 1040's show some income. We have contemplated the possibility of submitting with a joint sponsor but we believe her income and our savings should be enough. Thanks for your help!