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RFE for I-485.Showed beneficiary's income as household income(petitioner unemployed)

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  • RFE for I-485.Showed beneficiary's income as household income(petitioner unemployed)

    Hi All,

    I received RFE for i-485 application.
    It says ,the petitioner (spouse) doesn't meet the income requirement.
    I (beneficiary) is employed and my spouse (petitioner) is no employed.So we used my income and showed the house hold income in the i-864.
    That is not acceptable it seems.

    Should i go for a join co-sponsor?


  • #2
    The income from the beneficiary is not accepted. You need to find another sponsor if your spouse is unemployed. The sponsor that you need must meet the requirements to 125% of poverty level of his household plus 1(you)
    Married USC Sept 8, 2019
    Package sent Jan 24, 2020
    Package received at MSC Jan 27, 2020
    NOA for i130, i485, i765, i131 received Feb 10, 2020
    Biometrics done Feb 25, 2020
    Ready to schedule for interview April 20, 2020
    EAD approved June 22, 2020
    EAD received July 13, 2020
    Interview notice issued Jan 6, 2021
    Interview date Feb 10, 2021

    Comment


    • #3
      Originally posted by hrisilazarova View Post
      The income from the beneficiary is not accepted. You need to find another sponsor if your spouse is unemployed. The sponsor that you need must meet the requirements to 125% of poverty level of his household plus 1(you)
      my spouse's cousin is ready to sponsor,he is single so he should be able to support just 1 person(me).Am i correct.

      Comment


      • #4
        If certain conditions are met, an intending immigrant’s income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status. If the intending immigrant is another relative, there are two requirements: 1. The income must be continuing from the same source after he or she obtains lawful permanent resident status; and 2. The intending immigrant must currently live with you in your residence. Evidence must be provided to support both requirements, however, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children.
        Nashville, NBC
        AOS concurrent filling marriage to USC
        Sent USPS express mail on November 14th
        Received November 15th
        Received text notifications November 20th
        Card charged November 20th
        Received paper notifications November 29th
        Biometrics done December 17th
        No activity since then

        Comment


        • #5
          Its in the instructions for form 864
          Nashville, NBC
          AOS concurrent filling marriage to USC
          Sent USPS express mail on November 14th
          Received November 15th
          Received text notifications November 20th
          Card charged November 20th
          Received paper notifications November 29th
          Biometrics done December 17th
          No activity since then

          Comment


          • #6
            Originally posted by Margo27 View Post
            If certain conditions are met, an intending immigrant’s income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status. If the intending immigrant is another relative, there are two requirements: 1. The income must be continuing from the same source after he or she obtains lawful permanent resident status; and 2. The intending immigrant must currently live with you in your residence. Evidence must be provided to support both requirements, however, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children.
            Yes I agree.I used it as per the instructions in the form.
            I submitted tax return,6 month paystub and my employment letter as well.
            A user in another forum mentioned that i should have the proof to show that my income will continue after i get green card too.
            I didn't have any other proof other than the above ones,that my source of income will continue even after i get my green card.

            But i think i will go with a joint sponser,coz it depends on the officer who is handling my case i think
            If the officer is not aware of all the stuff, i will be issues RFE again even if i provide the additional proof that i have to give.

            Comment


            • #7
              It is absolutely up to you. But when you use a joint sponsor make sure that he has enough income to cover 2 people because with u it will be hpusehold of 2
              Nashville, NBC
              AOS concurrent filling marriage to USC
              Sent USPS express mail on November 14th
              Received November 15th
              Received text notifications November 20th
              Card charged November 20th
              Received paper notifications November 29th
              Biometrics done December 17th
              No activity since then

              Comment


              • #8
                Originally posted by cruze_110 View Post

                A user in another forum mentioned that i should have the proof to show that my income will continue after i get green card too.
                Hey!! I'm in the exact same boat. Except I don't have a backup sponser.
                My husband (petitioner) will have no income while my (beneficiary) income will remain the same and high enough to satisfy the requirement.

                What proof did you read about that can show someone's income will continue after I get the green card? Thanks!

                Comment


                • #9
                  Originally posted by LLL View Post

                  Hey!! I'm in the exact same boat. Except I don't have a backup sponser.
                  My husband (petitioner) will have no income while my (beneficiary) income will remain the same and high enough to satisfy the requirement.

                  What proof did you read about that can show someone's income will continue after I get the green card? Thanks!
                  i was told by some members from another community that you should have that in the Employment Letter from the employer.

                  Comment

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