Don't know what else to do

[APGG94 35]

In February I applied for AOS from student visa based on marriage. I received an RFIE in April stating that I needed to show more proof that my husband was making enough. He had not yet filed taxes when we initially applied so I figured it was because we didn't attach tax documents. We attached all tax documents, W2s, job letter, pay stubs and bank statements + a cover letter with the response. My husband made a little over $30,000 last year and its just the both of us, so a household of 2. Today we received another RFIE stating he didn't make enough money and that we need a joint sponsor. And we have a month to respond. I don't have a joint sponsor that I can use. I'm not sure why they're saying he didn't make enough either. Clearly he did. Does anyone have any advice on what to do next? I don't think I can afford a lawyer. 

[GreatDane 366]

3 minutes ago, APGG94 said:

In February I applied for AOS from student visa based on marriage. I received an RFIE in April stating that I needed to show more proof that my husband was making enough. He had not yet filed taxes when we initially applied so I figured it was because we didn't attach tax documents. We attached all tax documents, W2s, job letter, pay stubs and bank statements + a cover letter with the response. My husband made a little over $30,000 last year and its just the both of us, so a household of 2. Today we received another RFIE stating he didn't make enough money and that we need a joint sponsor. And we have a month to respond. I don't have a joint sponsor that I can use. I'm not sure why they're saying he didn't make enough either. Clearly he did. Does anyone have any advice on what to do next? I don't think I can afford a lawyer. 

Is he currently employed and has had sustained employment? Does he have any children, even if they don't live with him? Did you attach 3+ years of returns?

[APGG94 35]

19 minutes ago, GreatDane said:

Is he currently employed and has had sustained employment? Does he have any children, even if they don't live with him? Did you attach 3+ years of returns?

He just quit his job... Would they have a way of finding that out? He was in the military for a few years then was attending college and worked part time up until the end of 2016. He then worked full time all of 2017. He switched to a higher paying job mid 2017, the one he just quit. I guess there may be speculation? He has no children. It's just us two. And we did attach returns for the last 3 years. 

I'll add that he's been making above the required amount for the last 2 and a half years. 

[GreatDane 366]

1 minute ago, APGG94 said:

He just quit his job... Would they have a way of finding that out? He was in the military for a few years then was attending college and worked part time up until the end of 2016. He then worked full time all of 2017. He switched to a higher paying job mid 2017, the one he just quit. I guess there may be speculation? He has no children. It's just us two. And we did attach returns for the last 3 years. 

Did he quit his job for another job and is currently employed by a new firm? It's not a good time to be unemployed for your immigration status. If he's unemployed, he should find a new job and fast. Does he receive any disability or continuing financial benefits from his time with the military? Does he have the ability to find a co-sponsor?

[Dee elle 1,368]

3 minutes ago, APGG94 said:

He just quit his job... Would they have a way of finding that out? He was in the military for a few years then was attending college and worked part time up until the end of 2016. He then worked full time all of 2017. He switched to a higher paying job mid 2017, the one he just quit. I guess there may be speculation? He has no children. It's just us two. And we did attach returns for the last 3 years. 

I'll add that he's been making above the required amount for the last 2 and a half years. 

What did you use for evidence of current income? Pay slips.. employment letter??

[geowrian 22,335]

3 minutes ago, APGG94 said:

He just quit his job... Would they have a way of finding that out?

No.

That said, trying to figure out why it was not accepted previously is basically a moot point. He would have to submit a new one now and he no longer has a job and therefore has no income from it (although unemployment compensation can be listed, but if he quit the job then I'm assuming even that doesn't apply).

[APGG94 35]

4 minutes ago, GreatDane said:

Did he quit his job for another job and is currently employed by a new firm? It's not a good time to be unemployed for your immigration status. If he's unemployed, he should find a new job and fast. Does he receive any disability or continuing financial benefits from his time with the military? Does he have the ability to find a co-sponsor?

He's not employed. I guess that's the issue right now. He has interviews lined up this week. He doesn't receive benefits from military anymore, nor disability. His mom is a possible co-sponsor. She lives alone and makes enough for household of 4. Will be speaking to her soon so fingers crossed. We also made an info pass appointment for Thursday to see why our last RFIE wasn't sufficient.  

5 minutes ago, Dee elle said:

What did you use for evidence of current income? Pay slips.. employment letter??

Pay stubs, job letter, bank statements and we included W2s and tax return. 

[APGG94 35]

5 minutes ago, geowrian said:

No.

That said, trying to figure out why it was not accepted previously is basically a moot point. He would have to submit a new one now and he no longer has a job and therefore has no income from it (although unemployment compensation can be listed, but if he quit the job then I'm assuming even that doesn't apply).

Right. So our only option now is a sponsor. However we want to make sure we include everything we possibly need in our next response to make sure we don't get denied. I guess the why's don't matter. I'm just upset right now. 

[GreatDane 366]

4 minutes ago, APGG94 said:

He's not employed. I guess that's the issue right now. He has interviews lined up this week. He doesn't receive benefits from military anymore, nor disability. His mom is a possible co-sponsor. She lives alone and makes enough for household of 4. Will be speaking to her soon so fingers crossed. We also made an info pass appointment for Thursday to see why our last RFIE wasn't sufficient.  

At this point, resubmit with a co-sponsor and include the most recent financial documents. Knock everything out at once. It's not advisable to quit a job, especially with a pending petition and not sure whether there's the option for a co-sponsor. Cross your fingers that his mom will co-sponsor.

[APGG94 35]

Just now, GreatDane said:

At this point, resubmit with a co-sponsor and include the most recent financial documents. Knock everything out at once. It's not advisable to quit a job, especially with a pending petition and not sure whether there's the option for a co-sponsor. Cross your fingers that his mom will co-sponsor.

I agree, it wasn't smart. Thank you for your advice. When you say include most recent documents do you mean my husband's as well. I figured we would submit everything for him again + our co sponsor. Or just send the co sponsors information? We will send both. Also are you aware of if she needs to make enough for a household of two (herself and me) or three (herself and the both of us)?

[GreatDane 366]

7 minutes ago, APGG94 said:

I agree, it wasn't smart. Thank you for your advice. When you say include most recent documents do you mean my husband's as well. I figured we would submit everything for him again + our co sponsor. Or just send the co sponsors information? We will send both. Also are you aware of if she needs to make enough for a household of two (herself and me) or three (herself and the both of us)?

She needs to earn enough for her household plus you, the immigrant. I would submit her information, etc., and submit your husbands latest paystubs, taxes, etc. If you don't have your records of previous filings, get it from the IRS website. Submit everything all at once.

[APGG94 35]

Just now, GreatDane said:

She needs to earn enough for her household plus you, the immigrant. I would submit her information, etc., and submit your husbands latest paystubs, taxes, etc. If you don't have your records of previous filings, get it from the IRS website. Submit everything all at once.

Okay thank you! Fingers crossed second time is the charm. This has been a stressful process. 

[debbiedoo 2,339]

They want evidence of CURRENT finances. thats why you got an RFE.  Even if he was offered a job today, you would need a co sponsor since he hasnt been there long. 

[APGG94 35]

8 hours ago, debbiedoo said:

They want evidence of CURRENT finances. thats why you got an RFE.  Even if he was offered a job today, you would need a co sponsor since he hasnt been there long. 

I understand. Thanks! 

[Amadia 711]

20 hours ago, APGG94 said:

He switched to a higher paying job mid 2017, the one he just quit.

If he quit his job, is he currently applying or has applied for unemployment? He may need to provide that as well since he cannot sponsor you without having a job but unemployment/ss benefits can fill the gap. Best of luck to you both.