Change of Status (F VISA TO GREEN CARD BASED ON MARRIAGE) Initial Request of Evidence Saying Income is Not Enough!

B

blinders

New Member
Hello,

I am on F1 Student Visa and changing to Green Card based on Marriage. I got an Initial Request for Evidence saying we need a joint sponsor but on the 2nd page it said my wife's income is sufficient but no evidence was provided and asked for (Tax returns, W2's, Paystubs...) and the same for me on the 3rd page it said my income is sufficient but no proof was provided and asked for (Tax returns, W2's, Paystubs...)

My question is the following: My wife is my sponsor for the time when I will be replying to the Request of Evidence her income is going to be less than needed to support a household of 2 or meet the Federal Poverty Guidelines for year 2020. We still DO NOT LIVE together in the same house so I would like to know if they will add my income provided on I-864 towards meeting the poverty threshold? In other words will they add her income (27k last year and 19k this year) to my income (59k) or my income DOES NOT COUNT AND WE NEED A JOINT SPONSOR?

Thank you for you help.
 
Your income (the intending immigrant's income) can always be counted as part of the sponsor's household income, regardless of where you live, as long as you are working legally in the US and the income can continue after you immigrate.
 
Thank you so much for your answer. I am on STEM OPT my 3rd year. I have been working at the same company for the last 2 years and I make around 60K so my income alone should be enough and I listed my income on I-864 But neither of us provided full tax return with the application and this is why I believe they said we need a co-sponsor on the first page of the RFE.

Her income for 2018 was 27K but for the year 2019 and this year 2020 her income is only 19K which is below the amount needed to sponsor me. So from your comment I understand that If I provide them in my reply with strong financial document (FULL TAX RETURN, W2'S, PAYSTUBS) for both of us especially for me showing that my income is 60K I should be fine without adding a co-sponsor right?

Thank you again!
 
I am talking about the household income on the I-864. So in Part 6 #7 she would put her individual income, and you would be listed as Person 1 in Part 6 #8-10, so your income on #10 adds with her income on #7 to form her household income on Part 6 #20, and she checks the box on #22. As long as that income meets the threshold, that should be enough.

As for tax returns, she needs to attach a copy of her most recent year's tax returns (including all forms, schedules, W-2s, 1099s) or her most recent year's tax return transcript (which she can order for free from the IRS web site). Both of you should also attach your recent months' pay stubs from your job as evidence for your current income. You also need to attach proof of your work authorization in the US in order for your income to be counted.
 
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