Request for initial evidence (i-485)

[Genesis007]

Hi Everyone:

Here is the our situation, I married my husband whose current status is overstayed about 6 months ago. I'm a US citizen and a student with no income. When we filed the I 864, I included his income to meet the current income requirements. According to the Request of Evidence notice, his income does not qualify because he was not an authorized worker in the United States. But the it also asks for proof of employment and current assets. What can I do? And Why is his income not qualifiable?

All responses will be greatly appreciated.

Also, Will the I-130 be rejected because of this issue?

 

[Mombasa_guy]

.

 

[jcrmlaredo]

yes just get a co-sponsor. I went thru the same thing previously.

 

[Jackolantern]

And Why is his income not qualifiable?

They already answered that question for you. Only legally authorized income can be used. That's the law.

 

[Genesis007]

Does it have to be a USC or could it be a Permanent Res? Do you know if they're gonna approve the i-130 and send a work permit, or they just stop the process until they recieve additional evidence?

Thanks

 

[Genesis007]

how long did it take you after you sent all the additional paper work. What documentation does the sponsor have to submit?
Thanks

 

[Jackolantern]

The co-sponsor can be a permanent resident. The I-864/I-864A instructions explain the documentation requirements.

The I-130 approval can go ahead without your I-864 evidence, but they will put the I-485 on hold while waiting for the evidence (and probably also suspend other applications related to it like the employment authorization).