I-864 - how many months of payslips? does the officer consider whole picture?

[lovethesea_96 0]

Hi there -

 

Currently going through the I-130 / I-485 (AoS) process. I have biometrics in a couple of weeks. One thing is worrying me, as I have conflicting information from my lawyer and a USCIS officer who kindly called me back regarding my case on an unrelated topic.

 

My husband worked a few weeks with a local delivery firm, earning well above the threshold as a non-CDL driver. It was at this point whilst with them that he filled out the I-864 as my sponsor (and petitioner on the I-130). He didn't have paystubs yet, just the employment offer letter. We also had significant savings in the bank, of $68, 000, so we added this into the form, too. My lawyer put this together, and said we should anticipate an RFE as we didn't attach any payslips. He had a month or two of US work history, as he was working in England (he's a dual citizen). Of course, he filed IRS tax returns, but naturally these are irrelevant given he earned that income in the UK, and not here in the USA. 

Since we completed the I-864, my husband decided he was already fed up with being a non-CDL driver and went to truck/CDL school for 1 month. Totally unpaid, obviously, so we used our savings to get by. He has now got his CDL and secured a job with a large, transnational trucking company, and has just passed their training following a lengthy and paid company orientation. He will be then OTR (on the road) earning well above the threshold in a week's time, and is already earning right now. 

 

We've had no RFE as of yet. But I very much anticipate one. We did try and get a joint sponsor of course, but to no avail - a friend wants to, but her husband has said no, which is completely fair. Unfortunately she alone does not meet the threshold, and all their assets are joint. 

This brings me to the following - 

 

At what point would I get an EAD? Not an exact time frame, but more of a timeline - is the I-864 considered and looked at BEFORE the issuing of the EAD? I ask because this is what the Tier 2 USCIS officer told me. He said that to issue an EAD, they must establish eligibility through the I-130 and I-864. 

By contrast, my lawyer had told me that she hoped that the process in it's entirety would take sufficiently long that by the time we got to interview, I would have received my EAD and began working to contribute to the household income. But it seems like this isn't even the correct process to begin with! It seems like the I-864 must be accepted first before an EAD is issued.

 

If that is the case, how can one expedite an EAD on the grounds of financial hardship, for example, if you can't receive your EAD before your I-864 is approved? I mean that to imply that financial hardship = sponsor therefore not meeting the minimum poverty guidelines.

Then, my next consideration is - 

 

If we received an RFE, I assume we have approximately 90 days to respond (that being the standard from what I have read). For evidence with which to respond, would 3 months' worth of payslips be enough, coupled with a letter from his employer? And our savings? Currently standing at about $57k, after truck school and rent and what have you.  

 

And, if we received an RFE, I assume that the EAD is 'paused'. What happens once we submit our evidence? Do we have a chance to then go to interview and explain everything to the officer, with a new I-864 with MORE payslips accrued since the RFE?

For context, I had a very lucrative career in the UK with an American company and have never received any kind of state benefits - but I know that means nothing now, as I'm not earning that anymore, and it's all about current+future income. 

I apologise so much for all the questions, but I have read some very informed users on here (particularly pushbrk. I hope he sees this!!!), and the timelines are really, really confusing and volatile. I appreciate any insights. 

Thank you 

 

 

 

 

[smilingstone 722]

I don't know what evidence there is to suggest that an EAD is only issued when an i864 is accepted. Other than a T2 officer who many times give incorrect advice. 

 

EAD takes on average a few months to recieve. I did my biometrics around 1 month after filing and my EAD was approved and delivered not long after. 

 

I'd think if anything factors into EAD approval, it would be your education and employment history. Maybe if you're an experienced professional then they are more keen to get you working than if you aren't. I think it's all just speculation though. 

Edited August 27 by smilingstone

[TBoneTX 47,796]

Welcome to the forum!

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Thread is moved from the Tax & Finances forum to the CR-1 Process forum.

15 minutes ago, lovethesea_96 said:

I have read some very informed users on here (particularly pushbrk. I hope he sees this!!!)

The thread is going to a very heavily read part of the site.   

[lovethesea_96 0]

3 minutes ago, smilingstone said:

I don't know what evidence there is to suggest that an EAD is only issued when an i864 is accepted. Who or what gave you that idea? 

 

EAD takes on average a few months to recieve. I did my biometrics around 1 month after filing and my EAD was approved and delivered not long after. 

 

I'd think if anything factors into EAD approval, it would be your education and employment history. Maybe if you're an experienced professional then they are more keen to get you working than if you aren't. I think it's all just speculation though. 

Thanks for coming back.

 

On who or what gave me that idea - "I ask because this is what the Tier 2 USCIS officer told me. He said that to issue an EAD, they must establish eligibility through the I-130 and I-864." 

That's what the USCIS Tier 2 Officer called me on a callback (unrelated and all fine fwiw) - they establish my "eligibility through the I-130 and I-864". He then said "once those are fine, then we look at the EAD". Is it possible I've misinterpreted this and driven myself into an anxiety-ridden overthinking hamster wheel, lol?

On the professional/employment history... without saying too much I guess, I earned a lot of money back in England working in finance for a US bank... over 200k+ USD equivalent a year, for a good few years (the things we do when we fall in love, huh?!). Have a college degree and professional qualifications to go with it, to allow me to perform my regulated job back in the UK. 

+ Thank you TBoneTX for moving this thread, sorry it was in the wrong place.

P.s. i would ask my lawyer, but she takes ages to reply. 

Edited August 27 by lovethesea_96

[pushbrk 13,734]

Modern pay stubs show year to date income.  Typically, one is enough unless it's very early in the year.

[lovethesea_96 0]

1 hour ago, pushbrk said:

Modern pay stubs show year to date income.  Typically, one is enough unless it's very early in the year.

Thank you. Is 3 months, or 5 months say, sufficient, with a good cushion of savings? We just don't have the option of a willing co-sponsor. 

 

Plus, I am really really hoping I can get my EAD and go to work soon. 

Edited Thursday at 12:33 AM by lovethesea_96

[pushbrk 13,734]

2 hours ago, lovethesea_96 said:

Thank you. Is 3 months, or 5 months say, sufficient, with a good cushion of savings? We just don't have the option of a willing co-sponsor. 

 

Plus, I am really really hoping I can get my EAD and go to work soon. 

Your hopes for an EAD are irrelevant to sponsorship.  Like I said, one is enough at this time of year as it will show year to date income.  If you're providing a pay stub early in the year, add the last one from December that shows the whole prior year's income.

[lovethesea_96 0]

16 hours ago, pushbrk said:

Your hopes for an EAD are irrelevant to sponsorship.  Like I said, one is enough at this time of year as it will show year to date income.  If you're providing a pay stub early in the year, add the last one from December that shows the whole prior year's income.

Thanks - I hear you, but he hasn't been earning In America for that long, that's my concern. 

[pushbrk 13,734]

2 hours ago, lovethesea_96 said:

Thanks - I hear you, but he hasn't been earning In America for that long, that's my concern. 

Advice still stands.  Pay stubs show current pay period and year to date.  A stack of additional pay stubs adds no useful information.

[TBoneTX 47,796]

Thread is now going to the "AOS from WS&T Visas" main forum.