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I-864 AOS proof of income

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Filed: IR-1/CR-1 Visa Country: Spain
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Hello all,

 

Long-time lurker, first-time poster. My wife's application for an IR/CR-1 was recently sent to NVC, and we have submitted the DS-261 form and AOS payment. I am the petitioner and sponsor and currently live in the US, and my wife is the beneficiary/applicant.

 

My question is, for the I-864, do I need to submit W-2s for any of the last three tax years and/or evidence of additional assets if my current income exceeds the 125% Federal Poverty Guidelines and I have the last 6 months of paystubs + employment offer letter (start date Dec 2016)?

 

My current understanding and answer: No to both. 

 

Any validation from you all would be much appreciated - I do not want to get an RFE! And yes, I know that similar questions have been asked in the forums, but I haven't been able to find questions exactly matching mine (namely about foreign earned income, only able to meet poverty guidelines through current income), which is why I'm requesting a sanity check from you all. Thank you in advance.

------------------

Some more background, if needed:

 

- I lived in Europe from Jan to Dec 2016. My AGI for 2016 was less than $20,000; therefore I do not meet the 125% of the Federal Poverty Guidelines. However, my total Wages, Salaries, Tips, etc were in excess of $50,000, but they were foreign earned income (EU government fellowship, untaxed - no W2s for this foreign income, obviously) and were therefore excluded from my AGI.

- I started a new job in Dec 2016 and have paystubs dating back until then and my offer letter, which states my base salary. Both show yearly income exceeding the 125% Federal Poverty Guideline.

- I am providing the previous three years of "Tax Return Transcript"s. I have filed "Single" for 2014 and 2015 and "Married Filing Separate" in 2016.

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Filed: Other Country: China
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2 hours ago, Dee elle said:

For the AOS, you need to provide proof of 2 different things..

 

1. That you have filed fax returns for the past 3 years, or reasons why you were not required to file.... along with the tax return 1040 and all associated attachments such as W2 etc . or the official IRS Tax Transcript ... for the most  recent tax year... 2016

 

2. Evidence of curent ongoing stable income adequate to meet the 125% requirement... employment contract, pay stubs etc. 

 

Income from previous years does not need to meet the 125% level, just this years, 

You do not have to provide "EVIDENCE" (not proof) that you filed tax returns the past three years.  You provide information FROM those tax returns unless you were not required to file.

 

One most recent pay stub and the employment contract will do nicely as EVIDENCE of current income.

 

Coming from SPAIN, previous years generally will not matter but this is not universally true.  It's Consulate Specific.

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