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Received Request for Initial Evidence (I-485) in the mail today. Need your help!!

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I think my partner and I are in a bit of a pickle (which has been happening a lot since we started this entire process, sadly). To give a bit background; we've been living in Dubai and moved together here recently. I am the US Citizen here. I don't have work yet, but have progressed in several job interviews, so fingers crossed. My assets reach around $47,000 - just $10K shy of meeting the requirement os sponsoring through assets (three times the difference for a spouse and the %125 above minimum poverty guideline set by USCIS in 2015. I'm trying to explore options here.

My issue is that I've been working outside of the US last year, I filled out my work history in the US and they sent me this request asking for proof on the current income I've listed in the form. I've filed all of my taxes last year (just before we started the entire K-1 process), and my previous income levels have been well over sufficient, but they were not in the US.

Here are the options I've entertained so far, and would love your input and suggestions:

  • Find a Joint Sponsor: Sadly, my parents do not accept us (we are gay, they are religious; long story) and therefore I cannot even mention the idea to them. My brothers cannot either sponsor me nor can they write me an employment letter (they have their own company). I have some friends living in different parts of the US but I don't think that I can (or want to) ask them for such a legal liability placed on them.
  • Find current income: Hope to find work before the response limit (We have 87 days to respond to them) and get them to write the employment letter as the USCIS instructed. Which also worries me because will they really agree to writing this employment letter, especially if they have only hired me for two months?
  • Use assets in line of current income: Hope that we get an additional $10,000 from somewhere in the next two months (say employment, and then I wouldn't even need to bother them with asking of such a letter). Or seeking out a loan (even though I don't have a solid credit score or credit line so far) to cover the amount. Or finding a friend or family member that can loan us the amount and we return it back into their accounts immediately. Which I know sounds shady, but it's not like it's a "lie". I will find work but it's only a matter of time, and he can work if we just get that work authorization paper. We are both young professionals.

Really need your input and experience and insights here. I really appreciate any help.

Best

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I mean do we contact Oprah and ask her for help?! hehe!

Here's the actual text sent from USCIS:

- The petitioner/sponsor's income on the Federal income tax return does not meet or exceed 125% (100% if military) of the poverty guideline. The petitioner/sponsor lists their current income on Form I-864 as an amount to be considered as sufficient; however no evidence has been submitted as proof of current income.

And then they ask me to submit proof of employment (letter of employment, pay stubs, investments, etc.)

(Note: I have listed the recruiting agency as my employer, instead of my employer in Dubai who actually paid me my salary before. The recruiting agency and I signed a legal contract stating my employment, as they usually find temporary work until something more permanent pops up).

- Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% (100% if military) of the poverty guideline for the petitioner/sponsor's household size.

And then they ask me to submit assets that meet their standards.

Afterwards they mention I could seek a joint sponsor.

Which of the options I shared earlier make more sense?

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You submitted as income your overseas temp job?

You need US income or a job that will continue when you move.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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No I included the 'temporary' job that I had here. Only problem is that they never paid me anything. Which means I need to find work, yes. But I am not sure about how do the USCIS calculate current income? Is it income that I've actually received or is it pro-rated on future estimate (based on the contract that I would be signing hopefully once I find permanent work)...

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Current annual income.

So you are back looking for work?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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OK, that's not so bad!! Yeah, absolutely, been doing lots and lots of interviews (met with like 6-7 companies) and progressed to 3 2nd interviews so far, but I will apply to even more things now and will also lower my standards. This is crunch time!!!

I really appreciate your replies!!

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Good luck


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Or finding a friend or family member that can loan us the amount and we return it back into their accounts immediately. Which I know sounds shady, but it's not like it's a "lie".

This is usually considered fraud by USCIS. Don't do it.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Find a co-sponsor is your solution when you can't prove current income.


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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You need to show a permanent job and prove the income with a letter from employer and pay stubs. List assets where they are asked for on the form, not under current income. Provide proof of ownership and net value of assets. List a combination of current income and assets if you need to. Or, find a joint sponsor.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Thanks for the answers. I don't have any joint sponsors at the moment, unfortunately...

I am looking for work to be able to produce this document (Although now I am beginning to wonder that maybe they sent this because I haven't filed for my tax returns from last year, I plan on doing this this weekend). I do have assets, however, we are a bit short on the amount needed.

I believe we will need 3 times the difference between the poverty income levels for a household of two. So that's 3 X 19,212 (for now). I am around $10k short of that amount, but trying to find ways to make up for the difference (freelance work, side gigs, etc.) for now.

We are both young (we are 28 and 30) and have 80 days to respond to USCIS. We are both young professionals, but finding work takes time of course. My partner cannot work officially because he doesn't have the work permit yet! Do you think that they will factor in other variables such as our resumes, work history, income last year?

Or will they just give us a rejection if we don't line up a joint sponsor and work in the meantime.

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It will be a rejection if you cannot satisfy the RFE; there is no wiggle-room whatsoever.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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