Concerns about tax returns, NVC, Affidavit of Support I-864

[libanez 0]

Hi guys,

This is our first time posting on Visa Journey, and quite honestly it's because we truly need help.

My name is Lindsay, I am a US Citizen by birth petitioning for my husband, Renzo, who is currently located in Argentina. We were married there in February 2015, I then relocated back to the United States where we began our visa journey.

Just the other day we paid for both our AOS and IV Fees, which are currently pending.

Since the beginning, our worries have lied in the Affidavit of Support.

I am my husband's only sponsor.

The AOS requires my tax return information from the last 3 years tax returns.

In 2012 I did not make the income requirement (I don't have my tax return with me currently to know the amount, but it was definitely not made).

In 2013 I did not file. For 18 months I served voluntarily abroad with 0 income from December 2012-June 2014.

In 2014 I spent the first half abroad in said service. The second half I was in college full time and worked two days a week (I don't have my tax return with me currently to know the amount, but it was definitely not made).

This year in April 2015, I began to take online classes and became employed at two different places in the area, which puts me currently at an annual income of over 125% of the poverty line requirement. I have beyond sufficient evidence currently to prove that I can support my husband financially as his sponsor.

Our concern is on PAGE 6 of the I-864 it states:

_____________________________________

My total income (adjusted gross income on IRS form 1040EZ) as reported on my Federal Income Tax Returns for the most recent three years was:

19.a (my 2012)

19.b (my 2013)

19.c (my 2014)

If your income or the total income for you and your household from items 19.a-19.c exceeds the Federal Poverty Guidelines for your household size, you are not required to complete (use of assets to supplement income).

_____________________________________

Our concern is my income from items 19a-19c do NOT meet the Federal Poverty Guidelines.

Assets owned, nor my husband's income nor assets will not make up for the difference.

Will my past, without the help of sponsors or assets, disqualify us from passing the AOS?

Does anyone have any experience in this?

Any knowledge or experiences will help. We thank you greatly.

Love, La Familia Ibañez

[NikLR 13,220]

If you did not file a tax return because you were not required to file then you write "not required to file" and you include a letter stating why you were not required to file those years (made under threshold or file or was unemployed etc..)

If your current income is enough, then you do not need to include assets if you do not wish to.

[libanez 0]

Does my past 3 years of not meeting the income requirements disqualify us, despite the fact that I currently make over the 125% poverty line?

[Ryan H 3,790]

***Two hijack posts along with a response to one of said posts removed. If you have a question about your own case, you need to start your own thread. Appropriate action will be taken for any future occurrences of hijacking in this thread.***

**Moderator hat off**

Does my past 3 years of not meeting the income requirements disqualify us, despite the fact that I currently make over the 125% poverty line?

Not necessarily; CO's have complete discretion on this whether or not to require a joint sponsor.

[libanez 0]

Wonderful, thank you Ryan. If anyone else has had a similar experience, please tell us about it.

[libanez 0]

ALSO: our AOS fee is still being processed, we're debating if it would be wise to wait until I have done my 2015 taxes done (because my income would be more favorable from 2013-2015 vs. 2012-2014). Any thoughts? The reason I'm asking is because we don't know how much importance is placed on the tax returns vs. the present income.

[NikLR 13,220]

More is placed on current income but again, it's the CO's discretion.