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mikeghurley

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    Request for Initial Evidence I-485 - How does it affect I-765?

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    Hi


    I submitted my I-485, I-130, I-765 etc package on May 6th 2016. I am adjusting from a J1 to permanent residency through marraige. Yesterday, on Day 73 I received a pink "Request for Initial Evidence I-485".


    The letter requests the following.


    The petitioner/sponsor's household member on Form I-864 or Form I-864A must submit a complete Federal Income tax return submitted to the Internal Revenue Service (IRS) for the most recent tax year.



    Submit all supporting tax documentation (W-2s, 1099s, Form 2555 and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.


    The petition/sponsor's household member must submit all supporting tax documents for the most recent year.


    The parts in red are highlighted on the document.



    My questions are as follows:


    1. Does this reset the clock on my I-765 work authorization application or does it pause it on the date that the request for evidence was issued? I'm reading conflicting information on the USCIS website.


    2. My spouse has got a new job since we submitted the initial I-864 and can comfortably cover the sponsor income requirement. Do we just submit a completely new I-864 with this information?



    Thanks so much for your help


    Mike

    Intending immigrant income for Affidavit of Support

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    Thanks for your reply! I noticed that too, but in the quote from the I-864A instructions I posted above, it says

    1. The intending immigrant has the same principal residence as the sponsor and the intending immigrant can establish that his or her income will continue from the same source, even after acquisition of lawful permanent residence;

    OR

    2. The intending immigrant is the sponsor’s spouse and the intending immigrant can show that his or her income will continue from the same source after acquisition of lawful permanent residence.

    So confusing...

    Intending immigrant income for Affidavit of Support

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted · Edited by mikeghurley

    Hi,

    Some background - I'm currently working legally in the US on a J1 intern visa. The company that I'm working for want me to continue working after my J1 visa expires (July 28 2016)

    My wife and I got married on 4/24 (YAY!!). We're filing I-130, I-485, I-765 and I-864 concurrently tomorrow. Unfortunately she's just finishing grad school and will not meet the income requirements for Form I-864. I, however, earn well above the income requirement and this will continue from the same source after immigration.

    My questions are as follows:

    (1) How do I prove that my income will continue from the same source and to what extent do I need to prove it? I have a contract valid until 2/1/2017 and this will be extended into full-time work. Will a letter from my company saying that suffice?

    (2) Do I need to fill out form I-864A? It seems like there are mixed messages. We are spouses but we don't live together yet (but we will in the next couple of weeks)

    How Can the Intending Immigrant Be Considered a Household Member? Listed below are two ways that the intending immigrant may be considered to be a household member for the purposes of pooling income with the sponsor to meet the Affidavit of Support requirements:

    1. The intending immigrant has the same principal residence as the sponsor and the intending immigrant can establish that his or her income will continue from the same source, even after acquisition of lawful permanent residence; or

    2. The intending immigrant is the sponsor’s spouse and the intending immigrant can show that his or her income will continue from the same source after acquisition of lawful permanent residence.

    (3) It's important that I get my EAD via I-765 relatively close to when my current J1 visa work authorization expires, so that I can keep working at my current job. Will this be totally jeopardized if we get an RFE based on the income situation with forms I-864 and I-864A? We're wondering if we should just go ahead and get a joint sponsor just in case.

    Thanks so much for your help!

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