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Posted

Hello everyone. We just got married last week and I'm about to start the AOS process, hopefully sending a completed package by the end of January. My husband graduated from college in May 2017 and started working in Aug 2017. He did not file taxes for the last 3 years as he had no income. Now, his annual income is way above the 125% required, but for the calendar year of 2017, his earned income is only 20k (Aug to Dec pay).

 

According to the Federal Poverty Guidelines, the 125% for 2 members is $20,300. 

 

Do I need a joint sponsor? What amount does the IO look at? Will an employment verification letter showing his annual salary suffice?

 

Thank you in advance

Posted

The IO will look at the totality of the circumstances to adjudicate the public charge concern. They will consider his current income using whatever evidence you present to verify it. Having made enough in the past helps, but a (fairly) stable job after graduation isn't uncommon. The employment letter and paystubs carry more weight for showing current income of a wage earner than tax returns.

 

Be sure to include the letter stating why he was not required to file for the past years.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: AOS (pnd) Country: Germany
Timeline
Posted
3 hours ago, IvoryGold said:

Hello everyone. We just got married last week and I'm about to start the AOS process, hopefully sending a completed package by the end of January. My husband graduated from college in May 2017 and started working in Aug 2017. He did not file taxes for the last 3 years as he had no income. Now, his annual income is way above the 125% required, but for the calendar year of 2017, his earned income is only 20k (Aug to Dec pay).

 

According to the Federal Poverty Guidelines, the 125% for 2 members is $20,300. 

 

Do I need a joint sponsor? What amount does the IO look at? Will an employment verification letter showing his annual salary suffice?

 

Thank you in advance

Does he have any savings? Those also count! I am submitting bank statements showing my sponsor's current checking + savings account balance which is way over the 125%.

Local Field office: Raleigh, NC

 

Filed I-130, I130A, I-485, I-765 & I-864
Date Mailed: 01/25/2018
Date Received: 01/30/2018
Date Received NOA Letters: 02/06/2018
Received Biometrics Letter: 02/17/2018
Biometrics Done: 02/26/2018
RFIE (I485): 02/23/2018
RFIE in mailbox: 3/3/2018
RFIE received by USCIS: 3/8/2018
USCIS update - EAD being produced and sent to me: 5/25
EAD sent me to: 5/31
I-485 "ready to schedule interview: 6/1
EAD in hand: 6/4
i485 interview notice has been sent in the mail: 6/4

 
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