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aayitrun

Income from intending immigrant - how successful?

By aayitrun in Adjustment of Status from Work, Student, & Tourist Visas

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aayitrun Collaborator

aayitrun   66

Posted
Filed: Timeline
Posted

My USC spouse and I are almost ready to file for my GC. my only concern is that I am the one who is the bread winner (my h-1b job) and we are using my income under the i-864 provision to include the intending immigrants income if they can prove continued income. I am getting a letter from my employer stating title, salary, years of employment and that it is a full-time salaried position.

is this situation generally successful?

how many of you have successfully done this?

2006 - Entered US on F-1
2009 - COS to H-1
2011 - Married USC

Conditional GC Process:
04/2012 - Concurrent I-130 petition / I-485 AOS / I-765 EAD / I-131 AP sent
35 days to biometrics, 73 days to EAD/AP combo card, 85 days to interview, 96 days to Conditional Green Card

04/2014 - Eligible for ROC

06/2014 - I-751 package filing joint with spouse sent

5 days to extension,37 days to biometrics, 172 days to CSC transfer, 247 days to Green Card

04/2015 - Eligible for Citizenship

09/2015 - N-400 package filing on basis of USC spouse sent

29 days to biometrics, 105 days to interview, 147 days to oath and US citizenship

~ 9 years and 6 months from first entry to US citizenship

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ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

I haven't but given that you are on an H1-B visa you shouldn't have a problem. Make sure you also include your most recent tax return as required. A month or two of paystubs that support your claim to the amount you make would not hurt either.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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aayitrun Collaborator

aayitrun   66

Posted
Filed: Timeline
  • Author
Posted

oh im including most recent joint return, 3 previous ones of mine, 6 months of paystubs.

2006 - Entered US on F-1
2009 - COS to H-1
2011 - Married USC

Conditional GC Process:
04/2012 - Concurrent I-130 petition / I-485 AOS / I-765 EAD / I-131 AP sent
35 days to biometrics, 73 days to EAD/AP combo card, 85 days to interview, 96 days to Conditional Green Card

04/2014 - Eligible for ROC

06/2014 - I-751 package filing joint with spouse sent

5 days to extension,37 days to biometrics, 172 days to CSC transfer, 247 days to Green Card

04/2015 - Eligible for Citizenship

09/2015 - N-400 package filing on basis of USC spouse sent

29 days to biometrics, 105 days to interview, 147 days to oath and US citizenship

~ 9 years and 6 months from first entry to US citizenship

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ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

oh im including most recent joint return, 3 previous ones of mine, 6 months of paystubs.

In that case, you shouldn't have a problem. Good luck!

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Brother Hesekiel Mentor

Brother Hesekiel   2,235

Posted
Filed: Other Timeline
Posted

My USC spouse and I are almost ready to file for my GC. my only concern is that I am the one who is the bread winner (my h-1b job) and we are using my income under the i-864 provision to include the intending immigrants income if they can prove continued income. I am getting a letter from my employer stating title, salary, years of employment and that it is a full-time salaried position.

is this situation generally successful?

how many of you have successfully done this?

What you need to do is file your 2011 taxes jointly as being married and with both your incomes on it. That's what I did and since the source of my income didn't change, it was accepted without hesitation. This may also have a bit to do with the amount of the income. If you two are barely scraping above the 125% of the poverty line, it's less likely that the I.O. will accept this as if you are having a rather generous income.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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aayitrun Collaborator

aayitrun   66

Posted
Filed: Timeline
  • Author
Posted

What you need to do is file your 2011 taxes jointly as being married and with both your incomes on it. That's what I did and since the source of my income didn't change, it was accepted without hesitation. This may also have a bit to do with the amount of the income. If you two are barely scraping above the 125% of the poverty line, it's less likely that the I.O. will accept this as if you are having a rather generous income.

thank you brother. that makes sense.

we already filed joint for 2011 and received the tax return as well.

by Gods mercy and grace, together we are doing many times over the 125% so the amount is not an issue.

Good to know that you have had success with this.

2006 - Entered US on F-1
2009 - COS to H-1
2011 - Married USC

Conditional GC Process:
04/2012 - Concurrent I-130 petition / I-485 AOS / I-765 EAD / I-131 AP sent
35 days to biometrics, 73 days to EAD/AP combo card, 85 days to interview, 96 days to Conditional Green Card

04/2014 - Eligible for ROC

06/2014 - I-751 package filing joint with spouse sent

5 days to extension,37 days to biometrics, 172 days to CSC transfer, 247 days to Green Card

04/2015 - Eligible for Citizenship

09/2015 - N-400 package filing on basis of USC spouse sent

29 days to biometrics, 105 days to interview, 147 days to oath and US citizenship

~ 9 years and 6 months from first entry to US citizenship

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