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Thomianguy

The dreaded Affidavit of Support - a question

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USCIS asks for 3 years of Tax returns for the Affidavit of Support process. In addition, a petitioner had to be 125% ABOVE the poverty guideline for whatever state they are in, based on their family size which would INCLUDE the beneficiary(ies). My question is, does those tax returns HAVE TO show a total gross income 125% above the poverty guideline for ALL 3 years OR that as of the LAST return to the present, the petitioner must show they are ABOVE it?

If the latter is the correct understanding, this would make sense because what if the petitioner was NOT working 2 years ago, or had another job that did not pay above the guideline but as of the last return, they are now above or well above the threshold because of a nice raise or a new job?

You see, the fact they asks for 3 years seems to IMPLY that the petitioner should be 125% above for those 3 years which makes no sense to me if all that matters is, AS OF NOW, you show income that meets or exceeds their expectations. What does 2 or 3 years ago have to do with the current standing?



USCIS Stage


Marriage: 3/21/15


I-130 Sent: 5/03/15


NOA1: 5/08/15


NOA2 (approval): 10/26/15



NVC Stage (CR1)


NVC Received Case: 11/12/15


NVC Scan Date: 12/2/15


Paid AOS fee: 12/04/15


Paid IV fee: 12/04/15


AOS & IV Package sent: 12/16/15


NVC Case Complete: 1/26/16


Interview Date: 4/27/16


Interview Result: Approved!!!






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Neither

Requirement to file taxes

Requirement to meet current income level

Do not conflate the two.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Neither

Requirement to file taxes

Requirement to meet current income level

Do not conflate the two.

That is what I thought and what I told my wife, but she is a worry wart. lol

Filed taxes EVERY year of my adult life including the last 3 years - CHECK!

Meet or exceed current income level for family size in the state that I am in - Check



USCIS Stage


Marriage: 3/21/15


I-130 Sent: 5/03/15


NOA1: 5/08/15


NOA2 (approval): 10/26/15



NVC Stage (CR1)


NVC Received Case: 11/12/15


NVC Scan Date: 12/2/15


Paid AOS fee: 12/04/15


Paid IV fee: 12/04/15


AOS & IV Package sent: 12/16/15


NVC Case Complete: 1/26/16


Interview Date: 4/27/16


Interview Result: Approved!!!






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Share on other sites
 
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