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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion

trulo
my wife has no tax returns....she been working now for (7) seven month....before then she was a full time student at University of Texas...and her mom filed for her the last tax season...she is now 25 year of age

she works $27890 per annum

what should i do: this is what i plan to do...let me know if u think its enough

1. cover letter
2. bar coded cover letter
3. I864 application
4. Pay stubs for last 3 months
5. Letter stating that she was in school for the previous tax season and mom filed for her
6. A copy of instruction from the Internal Revenue Service publication that shows you were not obligated to file (because she was a full time student) ....
trailmix
QUOTE(trulo @ Dec 13 2007, 10:57 AM) *
my wife has no tax returns....she been working now for (7) seven month....before then she was a full time student at University of Texas...and her mom filed for her the last tax season...she is now 25 year of age

she works $27890 per annum

what should i do: this is what i plan to do...let me know if u think its enough

1. cover letter
2. bar coded cover letter
3. I864 application
4. Pay stubs for last 3 months
5. Letter stating that she was in school for the previous tax season and mom filed for her
6. A copy of instruction from the Internal Revenue Service publication that shows you were not obligated to file (because she was a full time student) ....


I think you have the sponsor part covered, I think the fact that her 'mom filed for her' would just be confusing. As your wife had no income i'm assuming that you just mean your Mother in Law claimed your wife as a dependant. I just wouldn't mention that part.

Do you have a joint sponsor? Letter from your wife's employer?
Jigi
hi,

I guess that will be enough... you can do one more thing.. u can ask ur GF parents to co - sponsor.. Take a IRS tax return mentionin zero tax returns for the previous 2 years... I guess that should be enough,

You can confirm the same from trailmix and other perfect members....


Jigi
trulo
QUOTE(Jigi @ Dec 13 2007, 01:04 PM) *
hi,

I guess that will be enough... you can do one more thing.. u can ask ur GF parents to co - sponsor.. Take a IRS tax return mentionin zero tax returns for the previous 2 years... I guess that should be enough,

You can confirm the same from trailmix and other perfect members....


Jigi


my wife has no tax returns....she been working now for (7) seven month....before then she was a full time student at University of Texas...and her mom filed for her the last tax season...she is now 25 year of age

she works $27890 per annum

what should i do: this is what i plan to do...let me know if u think its enough

1. cover letter
2. bar coded cover letter
3. I864 application
4. Pay stubs for last 3 months
5. Letter from employer
5. Letter stating that she was in school for the previous tax season and mom claim for her as a dependent
6. A copy of instruction from the Internal Revenue Service publication that shows you were not obligated to file (because she was a full time student) ....

updated after some reaponses....still up for criticism ..let me know what u think....do i need a co-sponser
Jigi
hi,

with all the docs u just mentioned. I will recommend you to tel ur GF mom to be the joint sponsor. because the NVC sees the last 3 years tax returns.... even if they say they just need last years tax returns. IF your mom in law hasnt filed taxes, then find another co -sponsor.

Jigi
trailmix
QUOTE(trulo @ Dec 13 2007, 11:10 AM) *
updated after some reaponses....still up for criticism ..let me know what u think....do i need a co-sponser


I think you might. I have read other posts where people were in the same situation, financially, as your wife, ie: recently out of school, only working for the past few months and they were told they needed more (ie: get a joint sponsor).

Hopefully this won't be too difficult for you because I think it would be in your best interest.
trulo
QUOTE(trailmix @ Dec 13 2007, 01:18 PM) *
QUOTE(trulo @ Dec 13 2007, 11:10 AM) *
updated after some reaponses....still up for criticism ..let me know what u think....do i need a co-sponser


I think you might. I have read other posts where people were in the same situation, financially, as your wife, ie: recently out of school, only working for the past few months and they were told they needed more (ie: get a joint sponsor).

Hopefully this won't be too difficult for you because I think it would be in your best interest.

can some one be a co-sponser without living in the same household...her mom lives in New york and she now live permanently in texas
RandyandRina
I would suggest for a co-sponsor since the mother claimed her as a dependent and has only been working for 7 months.
Karin und Otto
QUOTE(trulo @ Dec 13 2007, 12:24 PM) *
can some one be a co-sponser without living in the same household...her mom lives in New york and she now live permanently in texas

Co-Sponsor does not have to live in same household.. good.gif
amberlynn
Not sure if this helps, but I found this http://www.uscis.gov/files/pressrelease/AffSuppAFM062706.pdf Dated June 27, 2006:

"USCIS, however, may consider other evidence of income (e.g., pay stub(s), employer letter(s), or both), if (1) the sponsor establishes that he/she was not legally obligated to file a Federal income tax return for the most recent tax year, or (2) USCIS determines that the income listed on the Federal tax return for the sponsor’s most recent tax year does not meet the governing threshold.

In other words, if the sponsor’s current income is sufficient, it can establish that the Form I-864 itself is sufficient even if the tax return without any other documentation might warrant a finding that it is not sufficient. For example, if the sponsor recently started a new job (that USCIS is satisfied will likely continue) and the income from the job now meets or exceeds the legal requirement, USCIS may find the Affidavit of Support to be sufficient, notwithstanding information included in the transcript or copy of the tax return(s).

By contrast, 8 CFR 213a.2©(2)(ii)© permits USCIS to conclude that a Form I-864 is not sufficient, even if the sponsor’s household income meets the Poverty Guideline threshold. USCIS should make this conclusion only if the evidence of record makes it “reasonable to infer that the sponsor will not be able to maintain his or her household income at a level sufficient to meet his or her support obligation.” For example, if the sponsor’s income is from a job that is merely temporary or seasonal, USCIS might reasonably conclude that the income is likely not to continue, and could also conclude that the Affidavit of Support, for that reason, is not sufficient.

If the household income meets the Poverty Guidelines threshold, however, USCIS will generally conclude that the Form I-864 is sufficient. There must be some specific reason, supported by evidence in the record, to conclude that the Form I-864 is not sufficient."


Amber
trulo
QUOTE(amberlynn @ Dec 13 2007, 06:35 PM) *
Not sure if this helps, but I found this http://www.uscis.gov/files/pressrelease/AffSuppAFM062706.pdf Dated June 27, 2006:

"USCIS, however, may consider other evidence of income (e.g., pay stub(s), employer letter(s), or both), if (1) the sponsor establishes that he/she was not legally obligated to file a Federal income tax return for the most recent tax year, or (2) USCIS determines that the income listed on the Federal tax return for the sponsor’s most recent tax year does not meet the governing threshold.

In other words, if the sponsor’s current income is sufficient, it can establish that the Form I-864 itself is sufficient even if the tax return without any other documentation might warrant a finding that it is not sufficient. For example, if the sponsor recently started a new job (that USCIS is satisfied will likely continue) and the income from the job now meets or exceeds the legal requirement, USCIS may find the Affidavit of Support to be sufficient, notwithstanding information included in the transcript or copy of the tax return(s).

By contrast, 8 CFR 213a.2©(2)(ii)© permits USCIS to conclude that a Form I-864 is not sufficient, even if the sponsor’s household income meets the Poverty Guideline threshold. USCIS should make this conclusion only if the evidence of record makes it “reasonable to infer that the sponsor will not be able to maintain his or her household income at a level sufficient to meet his or her support obligation.” For example, if the sponsor’s income is from a job that is merely temporary or seasonal, USCIS might reasonably conclude that the income is likely not to continue, and could also conclude that the Affidavit of Support, for that reason, is not sufficient.

If the household income meets the Poverty Guidelines threshold, however, USCIS will generally conclude that the Form I-864 is sufficient. There must be some specific reason, supported by evidence in the record, to conclude that the Form I-864 is not sufficient."


Amber


thanks...that last piece wass really helpful...really helpful
trailmix
QUOTE(trulo @ Dec 13 2007, 09:23 PM) *
thanks...that last piece wass really helpful...really helpful


It is good and helpful, but they can still ask for more. I would still recommend that you have a joint sponsor for backup - but even if you don't and go to the interview and they want one, you can organize it then - it will just hold you up a bit - so you might want to at least speak to someone about being a joint sponsor in advance - good luck good.gif
amberlynn
Thinking about this more, I agree with everyone that you may need a joint sponsor. If your wife hasn't worked at all during the past 3 years they will probably request a joint sponsor. I think if she had had a part-time job or something during the last 3 years while she was going to school then maybe they would just say it's o.k. But since she did not and her mom claimed her, i'm sure they will come up with some reason as to why you need a joint sponsor (even though she is above the limit now).

There was a post I had read a few months ago http://www.visajourney.com/forums/index.ph...;hl=under+limit (I posted it below) but it sounds like he was working somewhat and that's probably why they gave them the OK.

QUOTE(Geist @ Sep 18 2007, 08:45 PM) *
Don't worry about it. I had insufficient income for ALL 3 previous filing years---2006, 2005, and 2004 because I was a college student through most of those and thus not working most of the time. I really think that they look mostly at current income. As long as that's high enough, you should be fine. Include your assets as well if you think that would help, but I wouldn't lose too much sleep over it.
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