So, I had taken quite some time to read through the appropriate threads regarding th I-864 (Affidavit of Support) form, but my question isn't really answered. Anyway, I'll try to make it clear and to the point. I have been at my job for the past 3 years or so and my salary is well over the poverty limit. My tax return for 2006 was over the 125% poverty line, but 2007's tax return missed it by $2,500 because I was in Germany visiting my husband and getting married. I have paychecks to prove that had I been there my income would have been well over the limit. Here's my question: Is my I-130 going to get denied because my tax return didn't cut it, or are they going to be able to accept the letter from my employer (and personal employee record, pay stubs, etc.) as proof enough that my income is well above the 125% poverty line. Are they understanding to the fact that I wasn't in the country, but my wages are well above the limit?

Any help/input would be appreciated! Thank you guys.
Kind regards,

Przy

You can write an explanation letter about why tou didn't earn enough for 2007. I don't think that they'll deny your I130 directly, they'll let you know if you need to provide more finacial info. Anyway I think that if it's possible you can look for an co-sponsor. Because they will review more extrictly your last income (2007)I think. It really depends of who'll review the case... Good luck.

Well, the first time they will see this info is when my husband and I go for our interview in Frankfurt, Germany. I have all proof that they could ever need. *g* I am just concerned that I will need a co-sponsor and I have no one that will do it. What happens then? Do I wait until next year's tax return?

There is no connection with income and I-130 approval. Income requirement comes after the I-130 approval. When your case is with NVC and while filling Affidavit of Support I-864. You have income above poverty lines for the 2 years. Also, you have supporting documents to prove that 2007 income also above poverty line, you don't have to worry about it. Please write a clear letter and attach it to the supporting documents while mailing I-864 to NVC. Good luck !

I suppose I should have worded it a bit differently. *g* I know it won't affect the denial/approval process of the I-130. I know this I-864 is only asked for after the I-130 has been sent to the NVC. 2007 was not above the poverty line though. Had I been in the States working, I would have been above the poverty line as I was still listed as employed by my job. I have my personal employee file that lists how much I made. The big question is, are they going to be understanding that I wasn't above the poverty line because I was visiting my husband and getting married. I have paychecks to date from Oct. 2007-Present that prove my income is back to normal and above the 125% poverty line. Is that enough though?

Anyone have an answer, pretty please.

So, I made an appointment for May 2nd with an immigration officer regarding this issue. Do you think it would be worth to go in a talk to him/her? I just am worried that I will have to have a joint sponsor and there is NO ONE who will be able to do it for me purely because they don't want to get involved. Oh well. Any help?

if you have assets that can help to and put you above the poverty line as far as I know I just go the 864 and on it it says list any assets you have, house, stocks etc... Also you could call NVC as soon as paper work goes there and they give you a case number and they can tell you more info:-)

Best to get a joint sponsor if you can. You say you can't so your next best thing is to make up the difference with assets.
COULD HAVE WOULD HAVE MADE MORE $s IN 2007 doesn't count much.
Doesn't take much in assets to show 5 times $2,500.

When you are a student fresh out of college... you don't have many assets. I have one car and that's it. A letter from my employer... where I have been employed for the last 3 years and having an income over the 125% poverty line isn't enough? I even have a copy of my personal employee file and it shows my income too. This is the only part of the immigration process where I am stressing. My income is well over the poverty line. Just my tax return from 2007 missed it by $2,500. I keep reading though that just the "projected" income is what matters. I have paystubs to prove it all too! Help.

I found out the hard way that they don't look at only the current income. I would get a joint sponsor to be on the safe side.

That's my problem. I have no one. What happens then? Do I wait until next Jan/Feb to get my W-2? Or can they just see on my paystub that my year to date pay is over the poverty limit. Then there would be no use in waiting for the W-2. My 2006 W-2 was over the poverty line. This just sucks because I have no one.

I think you should call the NVC. We've all tried to help you but ultimately it's them AND perhaps more importantly the officer at the interview who you'll have to convince, not us. It is my understanding that they scrutinize most closely your last 12 months of income. You could get fired in a month for all they know so I could see why they could still turn you down with a letter of employment and recent paystubs. Where your stubs could get you ahead is if you provide the last 12 consecutive months worth that adds up to over 125% of the poverty line for two people. Once you wait long enough after your summer sebaticle you should have it. That beats waiting until you file taxes for CY2008 anyway. Does your spouse not have any assets either? Perhaps he can transfer some of his funds into your account to come up with the $7500?

I understand that the NVC ultimately makes the decision. I was looking for possible common cases where people were in the same situation as me and don't have a co-sponsor. More importantly I was interested on what would happen if I didn't have the means. Whether I would wait or not. I appreciate the answers and help. My spouse doesn't have the assets either unfortunately. Unless you count his retirement fund in Germany, but that can't be touched. I'll just have to see. Thanks everyone for the help.

you need to find a co-sponsor the NVC might approve it but i have seen ppl get they cases on hold at the consulates stating that the affidative of suport was't enough even the NVC approved it .good luck