Request for Initial Evidence (I-485) Question/confused.

[Houston2016]

I am about to submit my application but I am wondering if this situation would impact me as well, my wife(sponsor)'s current salary is much higher than the limit (34k). (We have Pay stubs and the verification letter)

In 2017 she made 29k
In 2016 she made about 10 k
In 2015 she made about 7 k

She also doesn't have tax receipts just 1040ez for 2017 and W2s for 2015,2016 and 2017. Would these suffice?

In I864 it tells me not to include my income if my wife is making plenty but this thread gets me thinking, should I include my stuff as well?? Any help would be appreciated.

If your wife (sponsor) cannot provide all required documents for last 3 years, but you can, and your income above 125% of poverty line, i would add your income and provide all the documentation to prove it. This way you will avoid RFE for sure, IMHO.

[gradstudent2018]

If your wife (sponsor) cannot provide all required documents for last 3 years, but you can, and your income above 125% of poverty line, i would add your income and provide all the documentation to prove it. This way you will avoid RFE for sure, IMHO.

Mine is slightly above the limit (graduate student). I kind of want to show that I have plenty of income myself and about to graduate to make much more. However, I don't want it to look suspicious somehow, especially since they specify in the instructions not to add beneficiary income if not needed.. Logically, adding my income sounds like a good idea though.

Like I said I have everything for 2017.

Just W2s for 2015 and 2016, in 2015 her dad filed for her so he is about the send those docs. And might pay turbotax to get 2016 copy of tax return. I am kind of nervous about her level of income in 15 and 16 honestly.

[UScitizenFilingforspouse]

Mine is slightly above the limit (graduate student). I kind of want to show that I have plenty of income myself and about to graduate to make much more. However, I don't want it to look suspicious somehow, especially since they specify in the instructions not to add beneficiary income if not needed.. Logically, adding my income sounds like a good idea though.

Like I said I have everything for 2017.

Just W2s for 2015 and 2016, in 2015 her dad filed for her so he is about the send those docs. And might pay turbotax to get 2016 copy of tax return. I am kind of nervous about her level of income in 15 and 16 honestly.

You do not need to pay Turbo tax. Just request transcripts from the IRS. It's that simple.

[gradstudent2018]

You do not need to pay Turbo tax. Just request transcripts from the IRS. It's that simple.

You are right, I already did last week but I don't want to wait much longer, it says 5-10 business days but I don't know if I should just send the package.

[UScitizenFilingforspouse]

You are right, I already did last week but I don't want to wait much longer, it says 5-10 business days but I don't know if I should just send the package.

USCIS prefers transcripts. At least, it makes their job easier because then they do not have to wonder whether you filed taxes or not. I imagine it saves them a few steps when folks send transcripts.

[cali2018]

Let's forget transcripts etc for a second. Your wife's income (sponsor) is more the issue here. Does she have YTD paystubs, employement letter, etc...everything to prove current income?

There is a debate on the definition of current income. But it seems to be a mix between "potential annual income", which your wife would fail based on past years. Then what is the 2018 expected taxable income, which your wife may pass as its september and her YTD income has passed the needed line. Lastly what is "future annual income", this one requires basically an employment letter to show how the salary is paid and the stated salary (so X hrs X salary X time) and then proved with typically atleast 6 months of paystubs from same employer if possible.

Lastly, because your case is very iffy see the above as your wife could fail 2/3 tests for current income. I would call the IRS on Monday and get on the website and see what the actual transcripts say for the past 3 years, both hers and yours. Since you want all the information as your case is in the gray area for now. The key information here is to make sure the 2017 income transcript proves she crossed the poverty line in 2017.

Now for your income...You are a graduate student on what kind of visa? you will continue working during the AOS process?

[gradstudent2018]

Let's forget transcripts etc for a second. Your wife's income (sponsor) is more the issue here. Does she have YTD paystubs, employement letter, etc...everything to prove current income?

There is a debate on the definition of current income. But it seems to be a mix between "potential annual income", which your wife would fail based on past years. Then what is the 2018 expected taxable income, which your wife may pass as its september and her YTD income has passed the needed line. Lastly what is "future annual income", this one requires basically an employment letter to show how the salary is paid and the stated salary (so X hrs X salary X time) and then proved with typically atleast 6 months of paystubs from same employer if possible.

Lastly, because your case is very iffy see the above as your wife could fail 2/3 tests for current income. I would call the IRS on Monday and get on the website and see what the actual transcripts say for the past 3 years, both hers and yours. Since you want all the information as your case is in the gray area for now. The key information here is to make sure the 2017 income transcript proves she crossed the poverty line in 2017.

Now for your income...You are a graduate student on what kind of visa? you will continue working during the AOS process?

Thank you for the thorough answer, this is extremely helpful. Much appreciated.

Yeah, she works for a university office so we already printed out her pay stubs for the last 6 months (shows YTD) and she is getting an employment letter from HR. Yes, her YTD already passes the poverty limit right now. Should I ask them to make it clear that she is planning to keep working for the same rate if not higher on that letter?

You are right about the gray area, she graduated in 2016 though, that's why she started making good money in 2017 and 2018. And she was dependent on her parents in 2015 and 2016 (Her dad mailed us the documents proving the fact).

We are young and I'm an engineering Ph.D. student. I'm on F1 and I can work with my F1 till January and afterwards only if I can get an EAD card since I'm graduating this semester. Soon enough I would be making enough money to support both of us irregardless of her income level, I am hoping they consider this fact? They should at least.

Not to sound cocky but I feel like I'm a valuable asset, worked on couple different research projects regarding US public already but not sure how much does USCIS care about it.

I have no problem providing my income or the registration of our new car on her name (a good asset?). It's just the instructions clearly state not to provide those details in case the income is above the poverty limit. I don't want IO to feel suspicious if that makes sense.

[cali2018]

Glad it helped. Based on your responses you do not need anything about your income. Just get the 2017 tax transcript for your wife, YTD paystubs you already have. Yes if in the letter they can explain that her salary will continue to be the same. You should pass with all those things stated.

Your situation is more complicated, because that EAD timeline is extremely tight. No worries about being cocky, your situation is typical to lots of people out there but no reason to confuse USCIS here.

Also no need to add assets when her income will pass on the above information.

[gradstudent2018]

Glad it helped. Based on your responses you do not need anything about your income. Just get the 2017 tax transcript for your wife, YTD paystubs you already have. Yes if in the letter they can explain that her salary will continue to be the same. You should pass with all those things stated.

Your situation is more complicated, because that EAD timeline is extremely tight. No worries about being cocky, your situation is typical to lots of people out there but no reason to confuse USCIS here.

Also no need to add assets when her income will pass on the above information.

Yeah, hoping that EAD would be issued fast..

Again, appreciate the answers, I will update my case after I submit to guide other graduate students.

[cali2018]

If you are in a research orienated position, I would make sure you know your congressman/senator. Then as soon as you done your biometrics can push for an expedite, sometimes with research positions USCIS will accept both fianncial loss and humanitarian reasons which is very strong cases for an EAD expedite. Either way a letter from the school and your admin should be very strong to help get the EAD. So for sure do-able but again tight timeframe as your biometrics very likely will done around mid-end of October.

[hanzolo]

I had exactly the same RFE with the conflicting request on the income level. I dodnt know what to do and calling USCIS was fruitless.

I sent all the required evidence to show that my wife was way above the guideline, and a cover letter explaining that I was confused and this is why I have sent what I did. In response to point 1) etc etc

It seems to have been accepted as I am now to be sheduled for interview status

Good luck

outsidebones, thanks for the reply. Could you please list the documents that you submitted to USCIS in this response? My income is way above the poverty requirement, so I plan to submit the documents required for sufficient list. I also plan to add some additional documents such as bank statements to show my savings, although that's not on the list of sufficient requirement. Did you submit any additional documents? Thank you!