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Hi fellow Visajourney-ers!

I need help with figuring out an issue regarding the affidavit of support I filed almost a month ago.

I already received notices of approval (I filed everything concurrently with the I-130) and my biometrics appointment is scheduled as well. When we filed out our affidavit of support, my (US citizen) husbands annual income falls just below the poverty guidelines, so we also used my income as a household member. The problem is that I started working when I was authorized (and granted a social etc.) for a year, and then I just continued to work after my work authorization expired (late 2012). So for all of 2013, I was not authorized to work, however I have been filing tax returns, and diligently paying my taxes, and included these tax returns and my 2013 income in the affidavit of support.

A few days ago, I received a request from the USCIS that they need the following information:
"for the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the US...must submit evidence that they were authorized to work"
"Examples include the following:
- form I-94 showing classification allowing intending immigrant to work lawfully in the US or employment authorized annotation
- copy of valid employment document issued by USCIS"

I have a work authorization card valid from 2011-2012, as well as a visa authorizing the same time period. Should I just send a copy of those 2 documents?
Are there any other options I have? And what are the consequences if I can't send the authorization they need?

Any help or input would be greatly appreciated!

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I am still working at the same job now, and I hope to continue working there after I get my employment authorization renewed.

Sorry, do you have valid EAD now?

Edited by Merrytooth

Done with K1, AOS and ROC

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Sorry, do you have valid EAD now?

Technically, no. I have an employment authorization card valid until late 2012, but my (student) visa with work authorization was stamped at customs "D/S" and I have never left since then. My EAD is expired but I still use the social as I have an established credit history and file and pay my taxes (filed jointly this year with my husband).

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Not having valid EAD or work authorization means you cannot use your income as part of the household income. Technically, your income is from an unlawful source since your EAD is expired already. I'm not sure how to proceed. Let others chime in on this. I believe you have to find a co-sponsor who is a legal resident or a US citizen.


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6/12/2016 - Eligible for Removal of Conditions

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ROC

Spoiler

 

6/20/2016 (Day 0) - ROC Package (i-761) sent via USPS Priority Mail

6/21/2016 (Day 1) - ROC Package delivered at CSC Laguna Niguel & signed for by J Siplivy

6/28/2016 (Day 8) - Check cashed and NOA dated 6/21/2016 received in the mail

7/18/2016 (Day 28) - Biometrics appointment done at Santa Ana ASC

2/28/2017 (Day 254) - Spouse received call from immigration officer verifying if we still lived together at our current address. He ended the conversation by saying we our approved and no need for interview

3/3/2017 (Day 257) - Received approval letter in the mail! 

3/13/2017 (Day 267) - Online status updated - new card being produced

3/16/2017 (Day 270) - Online status updated - new card was mailed to me

3/20/2017 (Day 274) - 10 year green card on hand!! 

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6/12/2017 - Eligible for Citizenship

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N-400

6/13/2017 - N-400 package sent via USPS Priority Mail Express

6/16/2017 - N-400 fee cashed

6/19/2017 - NOA date - Priority date 6/15/17

6/30/2017 - Received biometrics appointment letter in the mail for 7/12/17

7/5/2017 - Walked in Tustin ASC for biometrics 

8/10/2017 - Case is in line for interview

1/22/2018 - N-400 interview date scheduled 

1/26/2018 - Received N-400 interview letter in the mail! Interview scheduled on Feb. 28 

2/28/2018 - Naturalization interview - recommended for approval! :)

3/20/2018 - Oath taking ceremony :dance:

 

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"for the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the US...must submit evidence that they were authorized to work"

Were you authorized to work in 2013? NO

Are you currently authorized to work? NO
Can your income be used on the I-864? NO

Your spouse will have to show a source of income that meets the 125% of the poverty level or a combination of income and assets. If he cannot do this you will need a joint sponsor. Current income is what counts and your income, since you are not authorize to work, will not count.

As an aside, is your employer aware you are working without authorization? They could get in a lot of trouble for you working there.

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"for the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the US...must submit evidence that they were authorized to work"

Were you authorized to work in 2013? NO

Are you currently authorized to work? NO

Can your income be used on the I-864? NO

Your spouse will have to show a source of income that meets the 125% of the poverty level or a combination of income and assets. If he cannot do this you will need a joint sponsor. Current income is what counts and your income, since you are not authorize to work, will not count.

As an aside, is your employer aware you are working without authorization? They could get in a lot of trouble for you working there.

yes unfortunately this is how my situation unfolded, so what can I do from here? Do I just submit a new affidavit of support with my husband's income + assets (i.e., value of the car)? Or do I need to submit a letter of explanation?

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Hi fellow Visajourney-ers!

I need help with figuring out an issue regarding the affidavit of support I filed almost a month ago.

I already received notices of approval (I filed everything concurrently with the I-130) and my biometrics appointment is scheduled as well. When we filed out our affidavit of support, my (US citizen) husbands annual income falls just below the poverty guidelines, so we also used my income as a household member. The problem is that I started working when I was authorized (and granted a social etc.) for a year, and then I just continued to work after my work authorization expired (late 2012). So for all of 2013, I was not authorized to work, however I have been filing tax returns, and diligently paying my taxes, and included these tax returns and my 2013 income in the affidavit of support.

A few days ago, I received a request from the USCIS that they need the following information:

"for the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the US...must submit evidence that they were authorized to work"

"Examples include the following:

- form I-94 showing classification allowing intending immigrant to work lawfully in the US or employment authorized annotation

- copy of valid employment document issued by USCIS"

I have a work authorization card valid from 2011-2012, as well as a visa authorizing the same time period. Should I just send a copy of those 2 documents?

Are there any other options I have? And what are the consequences if I can't send the authorization they need?

Any help or input would be greatly appreciated!

Would you please let me know what you were required to do?


09/02/14 sent AOS

09/05/14 AOS received

09/21/14 NOA received

11/16/14 Biometrics done

10/07/14 RFE for Birth Certificate

11/03/14 RFE received by MSC

11/05/14 RFE in reviewing process

11/12/2014 I-485: Status changed to Testing and Interview

11/26/14- EAD Mailed

12/3/14 EAD received.

02/14/15 AOS interview scheduled for 3/19/15

03/19/15 Interview...

03/19/15 Approved. Thank you God!

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You need to find a co-sponsor.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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