Jump to content
jubbadubba

AOS sponsor income reqt's clarification...

 Share

8 posts in this topic

Recommended Posts

Filed: Timeline

Quick clarification on sponsor income! (I'm the sponsor for a household of two)

My 2014 tax return = $20,900 = OK!

My 2015 tax return = $18,900 = NO GOOD!

My current salaried employment, started in July 2016, with a large university = $60,000/yr

Will proof of my current employment and income suffice? Even if the most recent tax return was not? Do I need to satisfy BOTH of these conditions? We were sent an RFE because my 2015 tax return was too low... we have not yet shown proof of my current income, however.

Are a couple paystubs and a letter from my employer enough? or are we going to need a joint sponsor...

Thank you!

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Hungary
Timeline

Your current job has just started. For USCIS to take it into account, they need 6+ months at present job, usually.

Sounds like it's time to find a joint sponsor.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Link to comment
Share on other sites

Filed: FB-2 Visa Country: Bangladesh
Timeline

From Page 7 of I864 Instructions: https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

"You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a U.S. Government official. For example, you may include a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual salary. You may also provide pay stubs showing your income for the previous six months. If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income."

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

Link to comment
Share on other sites

Filed: Timeline

Right, I did read that too--

It says "You MAY also provide income for the previous six months." Nothing about whether 5 months is insufficient, etc. Nothing about whether previous years taxes are considered first.

It also says "you may include a recent letter from your employer, ... indicating your annual salary." That, I definitely have. Is it enough?

I suppose these ambiguities are what one hires a lawyer for?

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Mexico
Timeline

Sometimes they won't approve is the job is too new. Your current income is well above the requirement for a household of 2, so that is in your favor. Provide the letter from employer and as many recent pay stubs as you have. You can include a statement about starting a new job that now more than meets the income requirement and that you are able to sponsor your spouse. It may or may not be enough. No one can guarantee an outcome either way.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Link to comment
Share on other sites

Filed: Timeline

Thanks, this is helpful. Sounds like getting a joint sponsor is the safe bet.

I just dug a little deeper into the AFM (now in the process of being replaced by the USCIS Policy Manual)... here is what USCIS policy actually says on the subject (my emphases):

From https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-2872/0-0-0-3055.html

AFM 20.5 Enforceable Affidavits



"[sponsor must be] Able to demonstrate the means to maintain an income of at least 125% of the Federal Poverty Guidelines for the sponsor’s household size, including the immigrants being sponsored or previously sponsored. A sponsor on active duty in the U.S. Armed Forces, other than active duty for training, who is petitioning for a spouse or child must only demonstrate the means to maintain an income equal to at least 100% of the Federal Poverty Guidelines. Assets of the sponsor, the intending immigrant, or both may be used to demonstrate this requirement. "

it continues...

"When determining the sufficiency of a Form I-864, USCIS shall first consider the sponsor’s anticipated income for the year the sponsor signed Form I-864. Thus, during the initial evidence review, USCIS shall as a general rule determine the sufficiency of a Form I-864 based on the sponsor’s reasonably anticipated household income for the year in which the sponsor signed the Form I-864. "


"IMPORTANT:
If the income is at least 125% (or 100% as applicable) of the governing Poverty Guideline in the Form I-864P, Poverty Guidelines, from the year in which the Form I-864 was filed, the Form I-864 is sufficient. "


exception (not sufficient when):

"The most recent income tax return, the anticipated household income listed for the year the sponsor signed the Form I-864, and the evidence for the income for the year of filing all show an income that is less than 125% (or 100% as applicable) of the governing Poverty Guideline for the year the Form I-864 was filed"



On evidence of job and employment letters:



"Pay stub(s) showing income for the most recent 6 months and letters from all current employers are no longer required as initial evidence. The applicant, however, may submit either or both of these items (1) in response to a request for additional evidence (RFE), or (2) with a Form I-864 if the applicant believes doing so would help establish that the sponsor meets the governing income/assets threshold. If submitted, letters from current employers should show dates of employment, the nature of the job, wage s or salary earned, number of hours/weeks worked, and prospects for future employment and advancement. It should be sufficient for the employer to say that the employment is of indefinite duration or words of similar effect. Promises of future employment are not required. "


So, they are supposed to consider only current income-- this is very explicit -- but it's unclear what the adjudication process for determining whether said income is sufficient or not actually entails. There is language pertaining to "6 months"-- but no claim that this is necessary and/or even sufficient. It just asks for evidence, at which point it seems to leave it entirely to administrative discretion. This is probably where the adjudicator can just be opinionated over how serious the new job letter looks, or... you know, any other ways of being picky about immigrants.

Edited by jubbadubba
Link to comment
Share on other sites

Actually you are 100% right. It is up to administrative discretion, but I doubt most use this as a way to weed out immigrants as I'm sure they would notice a trend of someone sending out RFE's when they aren't needed. But again, "well he just got the job a couple of months ago" is a good reason for them to want more info.

Generally though, if you CLEARLY meet the general guidelines, there's nothing to worry about, but if you're close, skirt by, or have anything that may make the person adjudicating the case worry, they CAN use their own discretion and ask for more evidence or a joint sponsor.

When did you send out your AOS? Was it before your new job? If so, send in a revised I-864 showing the new current annual income and then paystubs to support it. You can send in paystubs, a letter from your employer showing that you do work there, and a copy of your contract with them if you want. Really, that's all you can do unless you want to use a joint sponsor.

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...