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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28998
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

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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?

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.



Customer: replied 4 years ago.

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

Yes, that is what you need to do.


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Customer: replied 4 years 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?

The joint sponsor is liable jointly and severably to reinburse the governmet for any means tested benefits you take.
Customer: replied 4 years ago.

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

No, there is no assumption of any civil liabilities, only government provided means tested benefits. Therefore, private companies cannot hold them liable.

Customer: replied 4 years ago.

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

Thank you for being a valued customer.
Customer: replied 4 years 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:


Is this possible?

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



Customer: replied 4 years 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?


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

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.


Customer: replied 4 years 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

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.


Customer: replied 4 years 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?

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



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