RFE for H1B (expired) counted toward household.

[Mrsaveemac 0]

Hi all. I got my RFE today and as anticipated, it was for my USC husbands tax returns for 2011.(he filed for an extension for 2011 taxes). I was also asked for proof of my employment authorization (Hib,visa, 1-94 stating H1b) in order to count toward household total.

Here is the wording.

1. submit petitioners complete tax return for the current tax year or an explanation/evidence why he is exempt.

2. For the household member's income (myself IO) to be included, it must be from a lawful source and earned while the household member was authorized to work in the USA. Please submit a copy of the form I-94, showing the nonimmigrant class, (H1b, etc, a copy of a valid EAD, or an I 94 stating (work authorized".

My husband is an attorney and he writes off all expenses such that his income relfects below the poverty level. Thus, I used my income to qualify as a houshold member. With my application, I mailed my i94 entering as H1b, my H1b visa, three years tax returns and w2's, and an employment letter from my job stating that I am fully employed and my job awaits me pending the outcome of this. Is this not what they are asking for now? also my Hib expired the day I mailed out my application (04/19/2012). Yet still they only request documentation that my prior work was authorized. Should I just resend everything I sent already, personal bank statement, and my husbands explanation/his extension letter? They have not recommended a joint sponsor or anything additional in that regard.

I have worked for the same place for the last 7 years and I am employed on leave without pay during the AOS process. Any input???

Edited May 12, 2012 by Mrsaveemac

[Harpa Timsah 13,258]

I don't think your income can qualify because your visa is expired and you are not technically employed now. I know you will be employed soon, but you are not employed at present.

[VanessaTony 3,567]

You don't HAVE any income. You HAD income, you don't now so you can't include it as income. You can include your assets and bank balances, but not the money you USED to earn. I suggest you find a co-sponsor.

[Mrsaveemac 0]

Thanks guys. We just decided to redo 864 and use our assets to qualify. Will resend with bank statements and personal property deeds.

[VanessaTony 3,567]

Thanks guys. We just decided to redo 864 and use our assets to qualify. Will resend with bank statements and personal property deeds.

Remember you need 3 times the requirement to qualify with assets, and you need valuations of property (maybe the property tax valuation counts?) and if there's a mortgage only the equity counts (I think equity is the right word - the amount you've paid off counts, not the amount you owe).

[eyesonyou 0]

Hi there, I do have the same issu as yours, when me and my husband file for adjustment we include my income as household member not realizing that I need to have a valid work permit.So, in doing that i receive RFE asking for EAD.My husbands income alone is sufficient enough to sponsor me but my question is how do imake a cover letter.Do ihave to explain USCIS why we are taking my income as household member.Please help, I don't know how to make this cover letter right.Thank you in advance to any response you guys have for me....

[Harpa Timsah 13,258]

Hi there, I do have the same issu as yours, when me and my husband file for adjustment we include my income as household member not realizing that I need to have a valid work permit.So, in doing that i receive RFE asking for EAD.My husbands income alone is sufficient enough to sponsor me but my question is how do imake a cover letter.Do ihave to explain USCIS why we are taking my income as household member.Please help, I don't know how to make this cover letter right.Thank you in advance to any response you guys have for me....

You cannot use your income if it is not from a legal source or not yet happening. You need to delete your income from the I-864.

[eyesonyou 0]

so you mean to say submit revised form,but how do i make the cover letter do i have to explain why iam deleting my old I864.

[Harpa Timsah 13,258]

Just send a new properly completed I-864 without your income and with all the required documentation.