My friends have filed for marriage based adjustments of status. The USC spouse did not have sufficient income to become a sponsor, so they used the intending immigrant's income. Together they satisfy the 125% requirement. Today they have received Request for initial evidence (I-485).
USCIS has made two requests:
1.Full supporting tax documentation for the USC. (Being self employed with minimum income may be a trigger for that?)
2.USCIS states: "For the household's member income to be included in the household income, the household member income must have been from a lawful source and earned while the household member was authorized to work in the US".
The immigrant income is indeed from a lawful source. Had the same job and paid taxes for a decade.
However, the work permit has been expired for a long time. After reading the I-864 instructions thoroughly again, we did not find any such provision. I understand that the wording of these documents may be vague and do not argue against the existence and validity of the request (David and Goliath reference here). Furthermore, spouses of US citizens receive "amnesty" for certain violations like working without a permit, so we don't understand what is the issue since she's keeping that job.
So, they are in need of advice: Is it worth to pursuit the application in it's current state? Can they battle their way out of this? Or, should they look for joint sponsor outside their household and re-apply?
Thank you.

