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Affidavit of Support question: US citizen married H1-B

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Hi everyone!

I'm a US citizen and my wife is working in the US with H1B visa. We got married a year ago then recently filed i485. (I filed i864 for my wife.) Back to then, I was an engineer with salary $70K/yr. Unfortunately, I lost my job just a week before the USCIS officer sent me a request for employment letter... :wacko:

So here is the situation:

I lost my job which means I have 0 income now. (I have 12 weeks severance pay)

My wife and I have total $50k saving. (Asset)

My wife's salary (H1B) is $68K/yr.

And the question:

Can my wife sponsor herself?

Thanks for any advice!

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Yes, in a way. You are still the sponsor, even with zero income, but you can add your wife's salary to your own I-864, if she is the only immigrant and your spouse. You will need to provide all of the tax information for both of you, and employment letter or paystubs for your wife.

It sounds like you already got a RFE for the I-864, so this is your one chance to get it right. Failure to properly respond to an RFE usually results in denial. I would read the instructions very carefully so you don't miss parts like you did last time.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum; OP's spouse is already in the US and adjusting status from a work visa.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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