I-864 Request for initial evidence on I-485

[Esme2015 2]

Hello everyone!

I have applied for my parents green card as well as adjustment of status ( I130- and I-485). My parents had their fingerprints taken first week of August. Yesterday my parents received a Request for initial evidence and the letter says that the sponsor does not meet the 125% poverty guideline for the household size. I am certain that I am well above the 125% poverty guideline, but let me explain why i think there might have been a problem.

When i filled out the I -864 form, one each for mom and dad. I had to submit tax information for 2013, 2014, and 2015. I graduated from university 2014 and my first job was August 2014. So I did not file for taxes for 2013 since i was a full time student and no job, living on grants, scholarships, and many loans. I was not required to file taxes. Then i did file taxes for 2014 but since i worked for less than 6 months during the whole year my income was very low, my husband's income was also low because he also started his first job around May 2014 right out of college.

Then 2015 taxes, my husband's job did not offer insurance plan other than COBRA, so i had him under my plan, i was paying medical, dental, had an FSA plan, and 401k, so by the end of the year, even though i had made well above the poverty line for my household size + 2 (parents), on my W-2 taxable income was below the poverty line because of all the before tax deductions. I am above the line with my husband but i would like not to get him involve since i know i qualify and have the income.

This year, i got a new job on June 1st, paying me about 70% more than my previous job, a big increase from my first job. My husband also got a new job that takes care of his insurance and dental, so that expense is not under me anymore. So i was certain i wouldn't have any problems. The thing is that i sent the application around the first week of July. I got a receipt dated from July 11th of applications acceptance. By the time i filed I only had 2 pay stubs from the new job. One of the paystubs was only 32 hours from the first week that i worked (holiday week), then second paycheck was full amount (80 hours). I attached copies of paystubs from previous job, big bonus check copy, and a paper from new employer stating my annual expected income, hourly rate, and overtime rate, date of hire. I thought this would be enough but maybe it wasn't.

My question is, should I send the same application again, but now with more pay stubs? I have around 7 pay stubs now and i can wait like a month to get two more so i can establish a steady income? I could also ask for a more official letter from my employer stating my pay rate and the stability of my position? Would this be enough? Could i also write a letter explaining my situation and why i think I'm over the poverty line?

We also have someone else that can be an sponsor but i would prefer to sponsor my parents instead of this close friend of my parents. I have made an info pass but that is until two weeks from now and my parents have gotten worried. What do you think is the best course of action? I do not want to send the same form again and then find out that they still do not consider me above the guidelines and not sure if they would give me another opportunity (then file sponsor as my parents friend), or would this be enough to not approve the application.

Thank you in advance.

[EM_Vandaveer 2,370]

If qualifying based on a new job, USCIS usually want to see 6+ months at the present job. Sounds like you need your husband to complete two I-864As for you or have a joint sponsor fill out I-864s.

Edited August 25, 2016 by EM_Vandaveer

[Esme2015 2]

If qualifying based on a new job, USCIS usually want to see 6+ months at the present job. Sounds like you need your husband to complete two I-864As for you or have a joint sponsor fill out I-864s.

Thank you for your reply.

So if i send 5 months of pay stubs it will not be enough along with a letter from my employer? My husband also started a new job this April so we both have new jobs.

I can send pay stubs from June - October if i really want to wait. I have 87 days to reply to their request but i would rather not wait so long. Was hoping to reply on September if possible.

[EM_Vandaveer 2,370]

You'd be better off with a joint sponsor. If you only send 5 months' worth of pay stubs they may deny you.