AOS poverty guidelines

[shoe 0]

If my husbands income for 2006 does not meet the poverty guidelines but since I have recived my EAD me as the AOS applicant I have a permanent job that exceeds the poverty guidelines.Can I use my check stub and a letter from my job to show job stability and proper n enough income?? Can we also support that with his check stubs for this year showing he does make more than the poverty guidelines requires??? Any advice will be appreciated especially from anyone with experince on this issue.

Thanks

Edited January 24, 2007 by shoe

[supercaleroman 0]

I'll leave it to other VJers to confirm, but my understanding is that the beneficiary's (intending immigrant) income can be used if...

1. The beneficiary is the spouse AND

2. Has been part of your household for 6 consecutive months or more.

Cheers.

[shoe 0]

We have been living 2gether for more than 2yrs !!! Thanks supercaleroman for your input.

Edited January 24, 2007 by shoe

[Nancy2015 2]

Will the income on your 2006 tax return exceed the poverty guideline? If not, I would try to find a joint sponsor, regardless of how much you together are making now. I'm saying this because me and hubby are making well over the guidelines now, but we used his 2005 tax return for the affidavit of support, and his income was very low. Our IO didn't care about current income - she only cared for what was on his latest tax return. Not all IO's are like that, I think, but it never hurts to get a co-sponsor.

Good luck!

[CutienPurg 0]

2. Has been part of your household for 6 consecutive months or more.

6 months living in the house is no longer a requirement for spouses.

[supercaleroman 0]

2. Has been part of your household for 6 consecutive months or more.

6 months living in the house is no longer a requirement for spouses.

THAT is awesome...did that change recently?

[CutienPurg 0]

hmmm I wanna say last summer ......July maybe?

[supercaleroman 0]

2. Has been part of your household for 6 consecutive months or more.

6 months living in the house is no longer a requirement for spouses.

THAT is awesome...did that change recently?

shoe...

I read a post from Yodrak indicating that you may have problems if either spouse's employment is seasonal, temporary, or in some sort of probatory period. And that made me remember that one of the instructions on the affidavit support says that if the immigrant's income is to be used, you need to prove that said employment will continue after approval of the AOS. How would you prove that? Well...that's up to each one, but we sent employee benefit confirmations and 401(k) statements as well as employee's life insurance. If you have a seasonal/temporary job, you are probably not entitled to the same benefits as permanent employees. We certainly hope that suffices.

[shoe 0]

My job is "permanent" I have company paid benefits and our health dental and prescription insuarance plans are from my job and also my husband is listed as my beneficiary on my jobs life insuarance.So what would the letter from my job need to say? Of course I would print out some check stubs since I get direct deposit.I know no employer wants to write that they have given anyone a "pemarnent" job ?? Tell me more pls.

Thanks

[supercaleroman 0]

Once again, what WE asked the employer is to simply write a letter saying that is it was a full time employee position (not a contractor or similar) with the salary and for how long.

[josie_anne6 0]

My job is "permanent" I have company paid benefits and our health dental and prescription insuarance plans are from my job and also my husband is listed as my beneficiary on my jobs life insuarance.So what would the letter from my job need to say? Of course I would print out some check stubs since I get direct deposit.I know no employer wants to write that they have given anyone a "pemarnent" job ?? Tell me more pls.

Thanks

we have similar situation. i got an RFE too bec my husband's 2005 income wasnt sufficient. when we filed the response to USCIS RFE we used our combined income for 2006, it exceeds the 125% requirement. (we filed Sept 06 and sent RFE response on Jan 07 after i got my W2.)

You have to prove USCIS that your income is from legal source so send them EAD, I-94 card, social security, at least 6 months of recent pay stubs, simple employment letter stating your position, company name, salary, date hired and that your are regular employee and it should have a company logo or in a company stationary.

include also yourself in the number of household so you can include your income for 2006. So far it's working for me. Finding a sponsor is not always the answer.

I hope this helps. Good luck!

[Bashorun 1]

From what I have read about this, it seems U must have added ur income to the initial I-864 before the interview date before the interviewer may consider it. Jewel12 never said she added her income to the initial I-864 before the interview so am thinking that was the reason the interviwer was never interested in it and again sge doesn't have a EAD to show the employment was legal.