seviram

Dear all,

I just wanted to follow up on this topic let everyone know that the fact that my evidence was missing did not delay my EAD process. I just received news from Online Case Status that the production of my EAD card is ordered (exciting). They processed my card at the National Benefits Center (also known as Missouri Service Center or MSC) in 73 days - currently the website cites 11 weeks (77 days) for the processing timeline.

I am impressed by their diligence and happy that I can finally start working and contributing to the household!

My takeaway - even though the guides here on VJ say "passport or birth certificate" for your documentation, I urge everyone to send both! I sent only my passport (which has date of birth, place of birth and all the necessary information to confirm my nationality) during my concurrent filing for AOS and shortly thereafter received my RFE which certainly contributed to my nervousness over the whole process.

Good luck to everyone!

Seviram

Dear all,

I might have made a stupid mistake on my biometrics application and put my height in 6'4'' as opposed to 5'4'' ... Super stupid but I am not very good with inches and remembered my height wrong.. What should I do? Just call the USCIS?

Anyways, thanks in advance.

Clearly, that is not my concern.

My question is - since my EAD application was receipted July 5th, I was expecting my EAD card around Sept 22.

Now that I cannot have a card for 90 days after USCIS receives the initial evidence, my concern is that I won't receive my card around Sept 22 anymore and the process will be delayed. I just wanted to confirm with the group that this is the case.

Regards

Dear all,

When I was compiling my I-130 / I-485 / I765 package (I am the intending immigrant), I used my passport instead of birth certificate. However I received an RFIE (request for initial evidence) asking for a birth certificate copy along with a certified translation - that is fine, I am happy to provide. However, one thing was troubling. The letter said:

"You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2(b)(10)(ii) until ninety (90) days after the missing initial evidence is received."

This statement made me very nervous. Does that mean that my EAD process is prolonged for 90 days after USCIS receives my initial evidence?

Has anyone had an experience with this?

Regards

Sorry and by d I mean - "I am the only joint sponsor."

And again - Yodark, thanks for the support - all this is stressful and every single small decision becomes such a conundrum. I hope I'll sleep well for the next 6 months or so.

Yodrak, thanks a lot. Sorry, I don't know what was going on through my head but I re-read the Question 1 - since we have only one joint sponsor we are checking "d."

Thanks again

seviram,

I think you are wise to send in the I-485 with just your husband's I-864. The I-864 won't be evaluated for a while, by the time it is you will possibly have the Joint Sponsor's I-864 ready to send in should a Joint Sponsor be requested.

1. Nothing to change on your husband's I-864 due to the Joint Sponsor.

2. You are mis-stating the items listed in the 'Basis for Filing' section. Look again, carefully, and read the detailed step-by-step instructions provided with the form.

3. Yes

Yodrak

Dear all,

We are after all filling out the co-sponsor application. And thanks for helping make that decision.

However, since it is going to take some time before our co-sponsor can get to this and do it, we have decided to send the application in and then send in the second I-864 separately. This might be a stupid move but we are worried about all the fee increases plus we were feeling pretty confident about my husband's I-864 (we included a letter from employer as well as pay stubs). This weekend we are moving to a new apartment, so we are sending a I-865 next week. We figured we could send the second I-864 (just in case if we are wrong about my husband being a sufficient sponsor) with the I-865 when our I-864 becomes available. Again, this might sound as an unwise move to send things separately but we hope all will be okay.

Since I am the one who's unemployed with all the free time, I get the honor to fill out the second I-864 to the extent I can (like checking all the right boxes, etc). I noticed there isn't an example form for a co-sponsor, so I would like to ask for some guidance.

My questions are:

1. Does having a joint sponsor change anything we have already submitted on my husband's I-864 form (like would he have to check e. I am the first of the two sponsors)?

2. The very first question - Basis for filing, do we check for the co-sponsor - e. I am the second of the two sponsors?

3. How to calculate the household size: Is it me (intending immigrant) plus co-sponsor's household (2 people, so the total would be 1+2=3)? And then will we go off that household=3 number to determine whether the co-sponsor is making enough (I-864P)?

A million thanks to all of you!

Sincerely, Seviram

Dear all,

We are after all filling out the co-sponsor application. And thanks for helping make that decision.

However, since it is going to take some time before our co-sponsor can get to this and do it, we have decided to send the application in and then send in the second I-864 separately. This might be a stupid move but we are worried about all the fee increases plus we were feeling pretty confident about my husband's I-864 (we included a letter from employer as well as pay stubs). This weekend we are moving to a new apartment, so we are sending a I-865 next week. We figured we could send the second I-864 (just in case if we are wrong about my husband being a sufficient sponsor) with the I-865 when our I-864 becomes available. Again, this might sound as an unwise move to send things separately but we hope all will be okay.

Since I am the one who's unemployed with all the free time, I get the honor to fill out the second I-864 to the extent I can (like checking all the right boxes, etc). I noticed there isn't an example form for a co-sponsor, so I would like to ask for some guidance.

My questions are:

1. Does having a joint sponsor change anything we have already submitted on my husband's I-864 form (like would he have to check e. I am the first of the two sponsors)?

2. The very first question - Basis for filing, do we check for the co-sponsor - e. I am the second of the two sponsors?

3. How to calculate the household size: Is it me (intending immigrant) plus co-sponsor's household (2 people, so the total would be 1+2=3)? And then will we go off that household=3 number to determine whether the co-sponsor is making enough (I-864P)?

A million thanks to all of you!

Sincerely, Seviram

Yodrak,

Actually you are right. I did call back the USCIS about 3 times until I got someone who sounded like she knew what she was talking about and was willing to put me on hold in order to better investigate the question. So, here's what I got:

It's okay if in 3 previous years the income was low. Those tax returns are used as evidence to show the income has met poverty guidelines.

Since we are mostly concerned with current income, and the tax returns are not a good evidence of what current income is, it would be best to include:

1. Letter from the employer

2. Copies of paystubs for the past several months or so.

The two things above should be sufficient to provide evidence for the current income.

Thanks a lot again to everyone else for your input. I hope this little investigation will be of help to others as well.

Thanks a lot to everyone for their replies.

I called USCIS just to double-check so apparently the sponsor would have to meet the poverty guideline for the past 3 tax years to qualify as a sponsor. Since, my husband, just like myself, was a student and didn't have any substantial income until this year, he cannot be my sponsor and we have to find a co-sponsor..

Do you know what happens if we don't pass the poverty test? Does the whole thing linger on forever including the Employment Authorization Document?

There is the risk of having the petition denied.

It's not worth the risk, get a co-sponsor who is a legal US resident. His dad, mom, cousin, friend, etc.

Your husband will need to fill the I-894 form and so will his co-sponsor.

What visa did you come under?

My visa is F-1. I did one year of Optional Practical Training and it has just expired. Applied for H1-B this year and could not get it because too many people applied.

Do you know what happens if we don't pass the poverty test? Does the whole thing linger on forever including the Employment Authorization Document?

Dear all,

Today we are doing a concurrent filing of I-130, I-485, I-765 and I-894 (plus the supporting documentation).

My husband and I graduated from college last year (May of 2006). He didn't find a real real job until this year (had to do bunch of unpaid internships). Therefore, the income of his federal return for 2006 is a little under $4,000. However, we got a letter from his employer stating that he is in good standing will annual salary of $29,000. First, we were releived that we pass the poverly line test (this year, 2007, it's 17,112 for a household of 2 and 125% of it is $21,390).

Now we are having second thoughts about tax return since it's 4,000 and well below the poverty line - do you think that's what USCIS is going to look at as opposed to current annual salary?

Regards

Hellow everyone,

My situation is similar. Came to the States on F-1, met my fiance in college. Did my one year of OPT (1 year of EAD). After OPT expired, could not get H1-B because the cap got full too soon this year. Had otherwise to leave the country so, my fiancee and I got married.

We married on June 4th and I have almost all the documents ready to file.

Now, the problem is that I have a job offer and they are, as I am, anxious to know when I would be eligible to start working.

The whole time I assumed after I file my applications with USCIS, I will be able to start immediately assuming things will go through at one point or another. Now, I have second thoughts. Trying to contact a million attorneys but they are taking forever to get back to me.

My question is, say I file my papers next week (June 25-29), how long will it be before I can start working (assuming I send in my I765 with the package)?

And could you please recommend a good lawyer in LA?

Thanks!

Thanks!

Hellow everyone,

My situation is similar. Came to the States on F-1, met my fiance in college. Did my one year of OPT (1 year of EAD). After OPT expired, could not get H1-B because the cap got full too soon this year. Had otherwise to leave the country so, my fiancee and I got married.

We married on June 4th and I have almost all the documents ready to file.

Now, the problem is that I have a job offer and they are, as I am, anxious to know when I would be eligible to start working.

The whole time I assumed after I file my applications with USCIS, I will be able to start immediately assuming things will go through at one point or another. Now, I have second thoughts. Trying to contact a million attorneys but they are taking forever to get back to me.

My question is, say I file my papers next week (June 25-29), how long will it be before I can start working (assuming I send in my I765 with the package)?

And could you please recommend a good lawyer in LA?

Thanks!