OPT Visa and co-sponsor

[tampa 0]

Hello

I have 2 questions:

My current EAD expires on July 2 2015 but my current F1 visa doesn't expire until 2017. I got married and currently applying for AOS but wondered if my OPT EAD expires before I recieve new one can I still remain in the country?

2. As part of the AOS they have asked for additional evidencd for i864. My husband earns enough and meets the poverty limits, but wondered if it was worth adding myself as a cosponsor to boost our chances?

Thanks for your help)

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[Nich-Nick 3,353]

Hello

I have 2 questions:

My current EAD expires on July 2 2015 but my current F1 visa doesn't expire until 2017. I got married and currently applying for AOS but wondered if my OPT EAD expires before I recieve new one can I still remain in the country?

2. As part of the AOS they have asked for additional evidencd for i864. My husband earns enough and meets the poverty limits, but wondered if it was worth adding myself as a cosponsor to boost our chances?

Thanks for your help)

If he earns enough, then you have documented it wrong somehow. If you don't send the I-864 with exactly what is required, then they don't consider the earnings. If you added your earnings and still didn't document it according to the I-864 instructions, they would still say it wasn't enough. So figure out what you actually missed. What are the exact words of the RFE?

If you have filed for AOS based on marriage to a USC, then you are in a period of authorized stay until a decision is made. Even those who come on VWP for 90 days that is long expired don't have to leave while they wait on AOS.

Working after EAD expires? Don't know that much about F1 and OPT and renewing so somebody else will have to clarify. I would think you don't work without valid EAD, right?

[tampa 0]

Hi Nick

Thank-you for your reply--the RIE is as follows:

"The petitioner/sponsor's income on the Federal income tax return does not meet of exceed of the poverty guidelines. The petitioner's lists their current income on Form I864 as an amount to be considered as sufficent: however no evidence has been submitted as proof of income.

Submit evidence of the petitioner/sponsor's current income. Such evidence should include:

letter of employment

bank statements

pay slips

tax documents submitted to the IRS for the most recent tax year.

I have submitted copies of all of these, and wondered should I add my myself as a cosponsor aswell, or just leave it as my husband earn above the poverty guidelines.

[Nich-Nick 3,353]

Hi Nick

Thank-you for your reply--the RIE is as follows:

"The petitioner/sponsor's income on the Federal income tax return does not meet of exceed of the poverty guidelines. The petitioner's lists their current income on Form I864 as an amount to be considered as sufficent: however no evidence has been submitted as proof of income.

Submit evidence of the petitioner/sponsor's current income. Such evidence should include:

letter of employment

bank statements

pay slips

tax documents submitted to the IRS for the most recent tax year.

I have submitted copies of all of these, and wondered should I add my myself as a cosponsor aswell, or just leave it as my husband earn above the poverty guidelines.

It is often the tax return information that is the key element. I suggest you look at the replica copy of your submission again to review exactly what was sent. Carefully consider these questions because your initial rejection probably lies in the details.

1) Does the 2014 tax return Form 1040 line 22 exceed the poverty guidelines?

1a) Did you send a 2014 tax return transcript obtained from the IRS? Not tax "account" transcript. Tax return transcript is the best way.

Alternatively if not a transcript

2) Did you send a photocopy of every form and schedule in the 2014 tax return PLUS the W2 or 1099 wage statement for 2014? It needs to be all pages of the return and W2/1099 to be considered complete.

3) Did he file a tax return in 2012, 2013, 2014 and list his income from those on the form I-864?

4) Did he file a joint return with you for 2014? If so were your W2 or 1099 wage statements also submitted because they are part of that complete tax return. Not needed if a transcript was sent.

5) Did he clearly document his separate income as stated on Form I-864 Part 6 Line 5 with an employer letter confirming that amount he reported on the form?

You may be added as Person 1 in Part 6 on on a newly filled out I-864, but if you each don't document with the details mentioned above, then it will still be rejected. in addition, you should provide a copy of the document that allows you to work in the US so they will know your income was legally obtained.