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Hello, 

 

I have a question about my application for adjustment of status. I am an Italian citizen. I applied last October after marrying a US citizen. 

 

We received a request for evidence for my form I-485. It regards our income. Long story short: we are both PhD students. We work part-time for our University, and we have low incomes. The request for evidence has two points.

 

First, it reads: "For the intending immigrant's income to be included in the household income, it must have been from a lawful source and earned while the intending immigrant was authorized to work in the United States." For this part I am presenting the following evidence: 
-    I-94 (most recent entry);
-    F1 visa; 
-    I-20 history;
-    W2 forms for the last three years (2015-2017), which show that my employer is my University; 
-    Tax returns for the last three years (2015-2017), which show that all of my taxable income corresponds to the income reported by my University on the W2 forms. 

 

I completed my PhD program last month, and I received an offer letter from an employer. I also received my EAD last month. I am planning to submit the offer letter to show that I have future income (which is comfortably above 125% poverty guidelines). 

 

The second point of the request for evidence reads: "Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, MY WIFE, the income did not meet 125% (100% if military) of the poverty guideline for the petitioner/sponsor's household size. Submit evidence from a qualifying joint sponsor."

 

My main question is: Do I actually have to submit evidence from a qualifying joint sponsor?

 

Initially I thought that I only needed to present evidence that my income comes from a lawful source. In this way, including my income, our household income would be higher than 125% of the poverty guideline for a household of 2 (my wife and I). But I am having second thoughts, because the letter clearly says, "Submit evidence from a qualifying joint sponsor," and it never says, "present either this or that evidence." 

 

If I have to submit evidence from a qualifying joint sponsor, I will probably have follow-up questions. 

In the meantime, does anybody have an answer to my question? Please, and thank you so much! 
 

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Hi

First of All congratulation for you on finishing your PhD that is really Amazing.

Secondly, IO usually dont review what we give them and they REF people based on random and arbitrary reasons, last May I went for my Interview , me and my wife we waited in the waiting room, IO come in and call us to his office, put us on oath we sat and he give us a REF for my wife is not working and for vaccination supplement, and she said I need documents have  both your names.I looked to here kind of strange I said this what we gave you and it was there in the file, and here is what we gave here :

1. Interview notice with photo ID

2. Vaccination supplement

3. updated affidavit of support with the following supporting documents:

              - Employment letter

              - Earning statement

              - Tax return for last three years
4. Documents establishing my eligibility for lawful permanent resident status including:

              - Approved I-129 F Petition for fiancé

              - Marriage Certificate
5. Immigration -related document ever issued to me including:

              - Notice of action for I-485

              - Notice of Action for I-765

              - Notice of Action for I-131

              - Appointment notice for Biometrics stamped on the day of visiting
6. Passport with K-1 visa and admission stamp at POE with I-94
7. My birth Certificate with English Translation
8. My wife birth certificate with Translation, copy of passport biographic page and certificate of naturalization

9. Supporting Evidence of Bonafide Marriage including:

 - Marriage certificate

- Some wedding photos

- Congratulation card from justice of peace

- Our apartment Rental lease

- Joint bank account

- 2017 Taxes filed jointly

- Individual Income Tax refund correspondence letter with check on our names

            - My wife divorce decree

all this list she said yo us we did not show here evidences.

after that I said , now it is in the list and she started to take them out, then she look at my wife tax form of 2015 and she said you need a joint sponsor because your wife she did not make enough in 2015, I said now she make enough and she is over the 125 poverty guideline , she still argue with me and then I showed her a copy of the employment letter and pay stubs and bank deposit. she kept silent and after a while she said I still want to REF you and I want you to have to report varicella missing vaccine. and she said if you can show me evidence now you have it I can approve you, so right on the spot I gave here my child vaccination book that have a varicela history and showed her and then she said I still want to REF you , her is REF letter please submit the I-693 from an appoved doctor.

Interviewing officers are humans and if they dont like a couple forget about it and also if they dont like your photo on the application forget about it.

I have seen that in the office and I have seen how many people here although they submit everything but still get REF, nobody cares.

my advice just give them what they want and as fast as you can

Have a good luck


----------------------------------------------

Diversity is the Spice of life and I add ; translation is the mother of all sciences.

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It is a general template in the RFE and it always includes assets and joint sponsor language. Having said that, yes you do need a joint sponsor because you have only a job offer and have not worked yet making the higher income. They want to see paystubs from several months, W2, employer letter stating how long you worked there, income etc.

A job offer is not proof of actual current income that continues. 


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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I agree with Ebunoluwa. My wife just had her interview on the 9th of June, oh yes On Saturday believe it or not. He asked for her pay stubs for the last two months and letter from her employer. We had bunch of evidence, from lost of pictures, tax return, Medical Insurance, joint bank account 

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