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AOS request for initial evidence I-864 HELP

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  • AOS request for initial evidence I-864 HELP

    Hi everyone, thank you in advance for your help.
    I applied for adjustment of status concurrent filling and got my letter with priority date July 05, 2019. I also did my biometrics on August 4th.
    on September 07 2019 I received a request for initial evidence :
    « You must provide the following information for us to make a final decision on your case.
    • submit all supporting taxe documentation (w2s, 1099s, Form2555 and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax Year. The petitioning sporsor must submit all supporting tax document for the most recent year.

    • Based on the document submitted with the form I-864 affidavit of support, for the petitioning sponsor, the income did not meet the 125 percent of the federal poverty guidelines for the petitioning sponsor’s household size. Obtain a qualifying sponsor who demonstrate the ability to support you or summit evidence of assets. if you decide to obtain a joint sponsor you will need to : .....»( describes what I need to submit for that)

    MY QUESTION/problem

    My husband and I were in Canada for the last 2 years and he was at school in Canada and didn’t make any money so he didn’t completed any Taxe return for those years.
    Since January 2019 he has a job that brings 70k a year.( enough for requirements). We attached pay stubs and letter of employment to prove he was going to make enough. We also had attached a letter explaining he wasn’t obliged to filed taxes as he was a student and wasn’t working.
    Now my question is: is his salary that he is making at the moment not admissible for sponsoring ?
    Do i need to resend a letter explaining the situation?
    Do I need so send MY taxe return from Canada for the past year( I didn’t included it in my initial package)
    We are willing to add a co-sponsor. Do we need to add this person in our family household if it’s my mother in law and we do not live under the same roof?
    also if we are adding a co-sponsor do we need to still send more info about the past. Tax return for both me and my husband?

    Thank you soooo much for your help I really appreciate it and sorry for my English, it’s not my first language I speak French.




  • #2
    Hi,

    It is always the best to send them more documents than not sending enough. His current salary is definitely more than enough to be your sponsor; however, if the USCIS is asking you to send the supporting documents, then you should send them as much as you can. I am not sure if the Canadian tax returns would be qualified, but I don't think it'd hurt to send them with a letter explaining why he didn't file tax returns in the U.S. for the past two years (being a student overseas). Also I don't think it's necessary for you to send your tax returns, because ultimately the USCIS wants to make sure that you have another person in the country to financially sponsor you regardless how much you earn or in the case when you're out of a job.

    According to "Part 7. Use of Assets to Supplement Income (Optional)" in the instruction of I-864 Form, if your sponsor owns a home or any assets, he can list those as optional evidence as well. As far as a co-sponsor (Joint Sponsor), if will definitely help your case to have your mother-in-law be your second joint sponsor. It doesn't matter that you don't live together. She just needs to provide her tax returns for the past three years. If you decide to add your mother-in-law, then you can fill everything together: with a cover letter explaining your husband's lack of tax returns, as well as mentioning the additional joint sponsor.

    I hope your case works out smoothly!
    AOS Concurrect Filing:
    05/31/19 PD
    06/21/19 Bio Notice Received
    08/09/19 Bio Review Completed
    08/15/19 RFE Received/Responded on the Same Day
    08/27/19 Ready to Schedule Interview
    09/04/19 EAD Expedite Request
    09/10/19 Evidence Faxed for EAD Expedite Request
    09/11/19 Interview was Scheduled
    09/16/19 Interview Notice Received
    09/17/19 I-765 is Produced
    09/24/19 Combo Card in Hand
    10/31/19 Interview, Approved on the Spot
    11/04/19 I-485 & I-130 Approval Notices Received
    11/06/19 Green Card Delivered

    Comment


    • #3
      Thank you!! How long did it take you to get your combo card ( employement + travel authorization)? It it crazy to think I can get it on time for Christmas and be able to go in Canada to see my family ? my date is July 4th.
      thanks!!

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