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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 23604
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am an F-1 student. I got married to a US citizen while I

Resolved Question:

I am an F-1 student. I got married to a US citizen while I am in the US. I filed forms I-485 I-765 and the rest of the required supporting documents.
My wife filed form I-130 for me. she also filled form I-864 and used my income ,which is over the poverty line, to sponsor "me-the intending immigrant". My wife doesn't work and haven't filled any tax return before. She only relied on my income in filling form I-864. I work On-campus as a research assistant and I earn more than the yearly poverty line set by USCIS. I sent them a letter from my on-campus emplyer, pay stubs, tax return. Now USCIS put my applications on hold till I provide them with the following:
" A proof that I am authorized to work in the US lawfully". They are asking for form I-94 or employment authorization document. I already sent them my I-94 form when I sent all my documents initially but it looks they are looking for something else or for form I-94 but for visa categories other than F-1. What should I respond back?
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Judith replied 8 months ago.

Hello,my name is Judith. Thank you for this opportunity to answer your questions.

You cannot use your income for on-campus employment as a research assistant.

It is not considered employment you have a reasonable expectation of continuing because it is temporary and as soon as you complete your education it is over.

You need a joint sponsor to file an I-864 with your spouse..

You do not hold the work visa that is the source of income that USCIS will accept on the I-864.

 

Judith

Customer: replied 8 months ago.

So I should reply back to USCIS with a new I-864 form the Joint sponsor?

Expert:  Judith replied 8 months ago.

Yes, that is what you need to do.

Judith

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 23604
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 4 other Immigration Law Specialists are ready to help you
Customer: replied 8 months ago.

Let's assume I have a joint sponsor. If I apply to a means-tested benefit -using the 125% of the poverty guideline as my qualifying income-, would the joint sponsor be liable to pay for my benefit? (Even though I used the 125% of the poverty guideline as my qualifying income).


 


In other words, Is the joint sponsor only liable for providing the sponsored immigrant with ONLY 125% of the poverty guideline or he/she might be liable for more than that?

Expert:  Judith replied 8 months ago.
The joint sponsor is liable jointly and severably to reinburse the governmet for any means tested benefits you take.
judith
Customer: replied 8 months ago.

will the joint sponsor be also responsible for reimbursing private companies like credit card companies, health insurance, car insurance,, etc?

Expert:  Judith replied 8 months ago.
No, there is no assumption of any civil liabilities, only government provided means tested benefits. Therefore, private companies cannot hold them liable.

Judith
Customer: replied 8 months ago.

Thank you very much. your answers are short and sweet!

Expert:  Judith replied 8 months ago.
Thank you for being a valued customer.
Judith
Customer: replied 8 months ago.

Hi Judith,


For my first question on the top, you told me I should respond to the RFE by submitting a new I-864 from a joint sponsor.


I found on the following that some people were able to resolve the same issue without the need for a joint sponsor:


http://www.visajourney.com/forums/topic/394181-f-1-aos-rfe-for-on-campus-employment/


 


Is this possible?

Expert:  Judith replied 8 months ago.

I have only seen denials. You can risk anything if you want to.

 

Judith

Customer: replied 8 months ago.

the exact "RFE" is:


[[“For the household member’s income to be included in the household income, the household member’s income must have been from a lawful source and earned while the household member was authorized to work in the United States.
Please submit evidence that the household member on Form I-864, Affidavit of Support, or Form I-864A Contract between Sponsor and Household member, was authorized to work in the United States. Examples include one of the following:
- A copy of Form I-94, Arrival/Departure Record showing a non immigrant classification that allows the intending immigrant / household member to work lawfully in the United States. Example include E-1, E-2, E-3, H-1B, H-1B1, H-1C, H-2A, H-2B, H-3, I, L-1, O-1A, O-1B, O2, P-1A, P-1B, P2, P3, Q-1, R-1, TN.
- A copy of a valid Employment Authorization Document issued by US citizenship and Immigrant Service (USCIS).
- A copy of Form I-94, Arrival / Departure Record with “Employment Authorized” or similar annotated by port-of-entry personnel.”]]



when responding to it:


should I add a letter explaining that I am working part-time on campus with is allowed by my F-1 status?


OR


It will be sufficient just to send form I-864 from the joint sponsor without any other details?

Expert:  Judith replied 8 months ago.

I do not have any further comment on this. I gave my answer and it is not changed by the visa journey post. That is one approval with many thousands of denials for not providing what is requested. I don't see anything about an F1 in their RFE and they know what your status is, you sent in all that with the first filing.

Judith

Customer: replied 8 months ago.

I got your point. I just have a concern when replying to this exact RFE;


since form I-864 was already filed from my wife, the sponsor, and my income was included in it, should I also send a new form I-864 with my income excluded. I just do not want to risk getting another RFE asking for the same thing?


 


I value your time and I will rate your service again after I get this cleared out.


Thank you

Expert:  Judith replied 8 months ago.

Yes, send two new I-864's. One for your wife and one for your joint sponsor. There is no 2nd RFE - next would be a denial.

Judith

Customer: replied 8 months ago.

Do I have to include a letter to disregard the first I-864 filled by my wife, or it won't be necessary to do so?

Expert:  Judith replied 8 months ago.

It is probably wise to include a letter to disregard the previously filed I-864.

 

Judith

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 23604
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 4 other Immigration Law Specialists are ready to help you

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