Affidavit of support

[shoe 0]

Okay finally my lawyer recieved the RFE it was for evidence to proove that my husband makes enough to support us. Okay here is the deal in 2005 he only made $15,000 for the yrs as per the tax returns.Right now he is making $ 13.50 per hr is this enough for proof. Anyone pls tell me your experince on this ???. He has new job. He has only been there 3 months does it matter? I will be getting a letter form his employer to mail back to USCIS saying how long he has been with them and how much he makes.Do I need anything else?

[Yodrak 7]

shoe,

Can't tell you if your husband's current income will be considered adequate or not. It is adequate in amount, but with only 3 months on the job and a history of less than adequate income there may not be sufficient confidence that the current income is sustainable.

What you need is anything that will show that current income is adequate and is sustainable. Adequate is easy and you seem to have that covered, sustainable can be more problematic. Try to get the employer to be as positive in that regard as they are willing to be, but recognize that no savvy employer is going to state that a job is permanent.

Yodrak

Okay finally my lawyer recieved the RFE it was for evidence to proove that my husband makes enough to support us. Okay here is the deal in 2005 he only made $15,000 for the yrs as per the tax returns.Right now he is making $ 13.50 per hr is this enough for proof. Anyone pls tell me your experince on this ???. He has new job. He has only been there 3 months does it matter? I will be getting a letter form his employer to mail back to USCIS saying how long he has been with them and how much he makes.Do I need anything else?

[shoe 0]

Okay with the new law that I just read about is says thst the only tax return that matters in the most recent yr. In 2005 he missed it by $ 1,000. Right now since he is making $13.50 per hr as I indicated b4 but since its not time to file taxes for 2006 yet we dont have any IRS form to submit. He will get a letter from his employer to send to USCIS but Im wondering if this is going to slow down the whole process. The main reason he did not meet the guideliness is because he did not work for the whole year due to being laid off. Guess all this does not matter does it? Im loosing my mind because we dont have anyone to be a joint sponor. I cannot believe this is happening.

[shusterman 0]

We have sort of a similar situation. My husband just moved to a new job (although his previous W2s as well as current salary indicates that we meet the 125% poverty limit.) I just came from an immigration clinic and it was suggested that because his tenure at his new job is rather short, it would be best to also provide a bank letter. Not sure if this helps.

Okay with the new law that I just read about is says thst the only tax return that matters in the most recent yr. In 2005 he missed it by $ 1,000. Right now since he is making $13.50 per hr as I indicated b4 but since its not time to file taxes for 2006 yet we dont have any IRS form to submit. He will get a letter from his employer to send to USCIS but Im wondering if this is going to slow down the whole process. The main reason he did not meet the guideliness is because he did not work for the whole year due to being laid off. Guess all this does not matter does it? Im loosing my mind because we dont have anyone to be a joint sponor. I cannot believe this is happening.

From the same immigration consultant, it's understandable that you still don't have the W2s for 2006 so you can submit your packet without it. However, be sure to bring it with you on your interview date (Assuming you've already filed taxes then.)

[shoe 0]

A bank letter to prove what?

[shoe 0]

Any one elses suggestions or opinions pls !!!!!!!!!!!!!!!

[Yodrak 7]

shoe,

There's no new law and current income (I-864 Lines 23 and 24) is what counts most in determining if the Sponsor meets the requirements. Not last year's tax return (Line 25), that's secondary.

Document the current income with the employer's letter and paystubs, and do something to show that this will be continuing income (not a temporary or contract position that will end).

Are you talking with your attorney about this? What are the attorney's suggestions to you?

Yodrak

Okay with the new law that I just read about is says thst the only tax return that matters in the most recent yr. In 2005 he missed it by $ 1,000. Right now since he is making $13.50 per hr as I indicated b4 but since its not time to file taxes for 2006 yet we dont have any IRS form to submit. He will get a letter from his employer to send to USCIS but Im wondering if this is going to slow down the whole process. The main reason he did not meet the guideliness is because he did not work for the whole year due to being laid off. Guess all this does not matter does it? Im loosing my mind because we dont have anyone to be a joint sponor. I cannot believe this is happening.

Edited November 8, 2006 by Yodrak

[Liver Perfect 0]

We are having similar problems. We just got our RFE asking us to prove 125% Poverty Line Income because my wife's earnings for last year were below the line. She has a better paid job now but it is not secure employment and her hours per week are variable. We don't have anyone that is willing to take on the legal responsibilities of becoming a Co-Sponsor (I don't blame them) and all the money I brought over with me has run out - I've had to borrow another $4000 from my savings in the UK to keep us going for the next few months.

I have recently been offered a job but Homeland Security say that I will not be eligible for EAD until we can prove that my wife's income is enough to support us. Is it just me or is that just ###-backwards? If they'd let me work then it wouldn't matter what my wife is earning because she wouldn't have to support me!

People are starting to tell us to get an immigration lawyer involved but given our minimal funds we are reluctant to start paying someone $crazy an hour unless it's likely to help us get my work permit quickly.

Can anyone offer us any hope?

[Yodrak 7]

Liver Perfect,

Have a consultation with an immigration attorney to discuss this specific issue.

And have your wife get a 2nd job. It may be a hard life for a while, but it would get you past this hurdle. (To paraphrase L'Oreal - are you worth it?)

Yodrak

We are having similar problems. We just got our RFE asking us to prove 125% Poverty Line Income because my wife's earnings for last year were below the line. She has a better paid job now but it is not secure employment and her hours per week are variable. We don't have anyone that is willing to take on the legal responsibilities of becoming a Co-Sponsor (I don't blame them) and all the money I brought over with me has run out - I've had to borrow another $4000 from my savings in the UK to keep us going for the next few months.

I have recently been offered a job but Homeland Security say that I will not be eligible for EAD until we can prove that my wife's income is enough to support us. Is it just me or is that just ###-backwards? If they'd let me work then it wouldn't matter what my wife is earning because she wouldn't have to support me!

People are starting to tell us to get an immigration lawyer involved but given our minimal funds we are reluctant to start paying someone $crazy an hour unless it's likely to help us get my work permit quickly.

Can anyone offer us any hope?

Edited November 8, 2006 by Yodrak

[meauxna 15]

We are having similar problems. We just got our RFE asking us to prove 125% Poverty Line Income because my wife's earnings for last year were below the line. She has a better paid job now but it is not secure employment and her hours per week are variable. We don't have anyone that is willing to take on the legal responsibilities of becoming a Co-Sponsor (I don't blame them) and all the money I brought over with me has run out - I've had to borrow another $4000 from my savings in the UK to keep us going for the next few months.

I have recently been offered a job but Homeland Security say that I will not be eligible for EAD until we can prove that my wife's income is enough to support us. Is it just me or is that just ###-backwards? If they'd let me work then it wouldn't matter what my wife is earning because she wouldn't have to support me!

People are starting to tell us to get an immigration lawyer involved but given our minimal funds we are reluctant to start paying someone $crazy an hour unless it's likely to help us get my work permit quickly.

Can anyone offer us any hope?

First, understand that you could have applied for your AOS/EAD much earlier than you have. I'm just saying, accept your part in the delay.

Second, why are they so sucky about this?!

You mention savings---did you mention them on the I-864? Your assets are allowed to be included, and that may have made a difference (probably not the way these folks are 'checking' I-864s, buuuut). Any other assets you two can scare up?

Also, I seem to recall having this convo with you before you got here---didn't you guys have a plan worked out? Did something go wrong with that?

Third, there's not going to be any 'fast' EAD no matter who helps you. That's sucky, sorry to bear the news.

Solution-wise, Yodrak's summed it up. Nothing is really going to happen until you get that I-864 + I-485 moving.

[Liver Perfect 0]

Well, we have persuaded my wife's parents to co-sponsor me now so that's a start.

As far as assets go, nothing much happening. Just my savings, half of which I used to support myself up until the present (I opted to self-sponsor at the time of my Visa interview). The money I'm transferring over is the majority of my remaining savings. We didn't include my savings on the I-864 because by our calculations my wife was earning enough to meet 125% poverty, but it seems that USCIS are using some other kind of math (probably paying more attention to what she earned LAST year). So we're going to send them more evidence of her current earnings plus a second I-864 from her parents.

One of the other people we asked to co-sponsor me keeps telling us to hire an immigration lawyer and even offered to help us out with legal fees if we do. Is there any value in us doing this at this point, given that, as meauxna says, there is no way of speeding up the EAD process? I have an inherent distrust of lawyers at the best of times and loathe the idea of paying someone a fortune to do something if I can do it myself just as well.

In other news, I now have a biometrics appointment booked for the end of November. Unfortunately we have to drive 5 hours to reach the place and then 5 hours back. Can anyone tell me how long these appointments tend to last, and what is involved? I believe that they just take fingerprints and photos. Am I right?

[Killer_Clown_2009 0]

Shoe:

I haven't sent in my AOS application (will be on Wed when I get back my medical), but here is what I did.

Our 2005 income tax return shows an income lower than 125% of the poverty guidelines, mainly because my husband was in Canada with me and didn't work at all that year until May, 2005.

So, I added a letter from the employer, a recent pay stub (showing gross earnings to date for 2006) and a letter from him (hubby) explaning why he had almost no income for 2004 and not as much as needed to sponsor me for 2005.

I'm hoping that this is sufficient. I added these extra things in anticipation of potential questions they may have about his ability to support me based on last years taxes.

Liver Perfect:

I would think that if you can prove that her job is fairly stable (if any job really is), and that you meet the 125% of the poverty guidelines, that they may consider that sufficient. But I really have no idea how they apply this rule. It appears to me from what I have read that it is CURRENT income that counts, so maybe they just want extra proof to verify her income.

It'd be great though if you had a co-sponsor who had enough income (and stable income) to meet the requirements.

As far as EAD goes, they really don't care if you will be/ could be/ can be working to help support the family unit (if you are the beneficiary). They are only interested in making sure that the person sponsoring you meets the guidelines.

When you go to the AOS interview, if you are working at that time and have income and have lived with your spouse for at least 6 months, I believe that you can count your income towards meeting the 125%.

You could bring in a new affidavit of support and submit that one and at that point they may not even require a co-sponsor.

Edited November 14, 2006 by jane2005

[shoe 0]

My lawyer advised me that a letter from my husbands employer is all they need showing his current income.

[Killer_Clown_2009 0]

I think your lawyer is probably correct. For the officer looking at your application, they see that last year's taxes show that your spouse didn't meet the 125% guideline.

It seems logical that they would want you to send in verification that the current yearly income DOES meet the 125%.

Your answer makes me feel a bit better and I hope I've headed off a potential RFE by including the extra information with my application.