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Filed: AOS (pnd) Country: Peru

I am exhausted. After 4 months of having sent our AOS package we received an RFE that is simply wrong. My husband meets the requirements to be my sponsor, he makes way over 125% of the poverty line. We waited a whole year for him to get this job with benefits, amid the pandemic and the economic crisis, so that we could file for my AOS. We sent a letter from the employer stating the job, yearly salary, dates of employment and benefits included and sent the pay stubs he had received at the time. I provided evidence of my assets in Peru and proof of income from the last two years in the form of a full ride scholarship that covered both mine and my husbands expenses.


Simultaneously, I filed for an expedite request for my EAD citing financial loss and because I have a job offer since March. USCIS has said my case is on pause until I respond to the RFE which means they wont grant my request for the EAD so I can work. So they are ignoring my request for a job authorization despite having a job offer because my husband does not make enough money? What is the sense in that? They are creating the problem and expecting us to sit tight while I have no work permit, no drivers license, no authorization to leave the country, and have to keep paying thousands of dollars for paperwork and legal fees. It is simply unacceptable.


They are asking for a joint sponsor bcause ''petitioner does not meet 125% of poverty guideline'' and also asking for  evidence of current income ''which is considered sufficient'' (see attachment). My husband is working since January, which means he does not have 6 months of pay stubs yet. We do not want to get anyone involved as a joint sponsor, that is the whole reasons we waited for my husband to get this job so he would be the sole sponsor and avoid the insane amount of stress that is involving my in laws. I can't sponsor myself because they wont grant my EAD.


I dont know what to do.... I am stuck. 


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Filed: K-1 Visa Country: Philippines

Just because he got the job it doesn't mean he reached the required income. Sometimes they check the 3 years, how consistent he is having enough income. Go find a sponsors, it won't hurt you to ask help with your in-laws. 

Rickie & Jenny

03/17/13 - Met online dating site
09/19/13 - Met in person
09/20/13 - Got engage wub.png

K1 Journey

10/30/13 - I-129f Sent
11/05/13 - Packet review ( priority date)
11/09/13 - NOA1 received
11/13/13 - Alien no. changed
11/20/13 - Petition Approved!!! dancin5hr.gif
11/25/13 - NOA2 (hard copy) received

12/18/2013 - Got our case number kicking.gif

12/26/2013 - Consulate received

01/02/2014 - Medical

01/06/2014 - Interview (Approved!!!)rofl.gif

1/16/2014 - Visa Issued

1/20/2014 -VISA ON HAND dancin5hr.gif

03/09/2014 - Vancouver, CA

03/18/2014 - Wedding :dance:

03/25/2014 - Got SSN (married name)

05/15/2014 - Got State ID (married name)

05/30/2014 - Sent AOS Packet

06/03/2014 - NOA1

07/03/2014 - Bio metric Sched.

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USCIS wants to see consistent income, and if you submitted your AOS packet 4 months ago, he had barely started working. All the extra 4 months of paystubs that you can provide now will look better, but it might still not be enough. Did he work before this job? Or is this his first job? Maybe you need to wait until you can provide 6 months of paystubs as requested, but I understand you want to get the process moving again asap.

To be safe, you need to consider find a cosponsor, and that does not have to be your in-laws. Anyone with sufficient income can be a cosponsor. You could also include assets (his and/or yours).

Good luck!

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8 hours ago, payxibka said:

What did you write on page 4,  item 7.


Specifically, part 6.


@Cristina280390, did you write the annual salary stated in the employment letter, or the computation: salary on pay stub x pay periods per year?  If so and that number is above the minimum required for your household size, then they probably just want to see more pay stubs.


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