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
