I-864 Affidavit of support Question about Tax-Return

[anon11235 0]

Hi, everyone, this is my first time posting on Visa Journey. I was hoping someone might be able to help me out with a question on the I-864 form. My US spouse has only recently begun working in her first job out of grad school. She is able to provide the letter of employment of course, and her income does exceed the 125% poverty line, but she does not have W-2s yet, nor has she filed returns previously since she listed as a dependent on her parents' returns. She has saving in her name that her parents have built up over the years which have been generating income.

Is it possible to request tax transcripts from the IRS for her? If so, will it be possible for her to be the sole sponsor? We would much prefer to avoid having to list her either of her parents as a joint sponsor.

Thanks a lot for any help.

[t0+ 1]

Since she currently makes above the 125% income threshold, you could try to get the AOS approved without a joint-sponsor. I would suggest inluding as many pay check stubs as she has for her current job. The employment letter is also critical in this case. The employment letter should show that the current employment is stable and likely to continue, in other words it's not a temporary or seasonal position.

She is still obligated to send at least a 2007 Income Tax Return. Since she was a student and didn't file, include a statement in the AOS packet indicating why she was not required to file. For example, there was no income for 2007 or it was below the minimums to file. Also, make sure you include a cover letter that clearly states all these things.

They should consider curent employment and future earnings, especially if she just got out of grad school and now has a steady job with a salary well above the poverty level. Just in case NVC determines that her current employment is not sufficient, it would be a good idea to at least ask her parents if they would be willing to be joint-sponsors. In the event that you do need her parents, they would also have to complete an I-864, you can't just add them. You'll also need the parent's tax transcripts or returns.

If her parents filed jointly, you will have to include an I-864A for her mom. I am ssuming the father filed as the head of household. This is so that the entire combined income on the return can be considered for the AOS. Also, if it's a joint return, you will still need the I-864A even if one of the parents did not work. They won't consider that joint income without getting the other person's agreement to the AOS contract.

Hope that helps!

[anon11235 0]

Since she currently makes above the 125% income threshold, you could try to get the AOS approved without a joint-sponsor. I would suggest inluding as many pay check stubs as she has for her current job. The employment letter is also critical in this case. The employment letter should show that the current employment is stable and likely to continue, in other words it's not a temporary or seasonal position.

She is still obligated to send at least a 2007 Income Tax Return. Since she was a student and didn't file, include a statement in the AOS packet indicating why she was not required to file. For example, there was no income for 2007 or it was below the minimums to file. Also, make sure you include a cover letter that clearly states all these things.

They should consider curent employment and future earnings, especially if she just got out of grad school and now has a steady job with a salary well above the poverty level. Just in case NVC determines that her current employment is not sufficient, it would be a good idea to at least ask her parents if they would be willing to be joint-sponsors. In the event that you do need her parents, they would also have to complete an I-864, you can't just add them. You'll also need the parent's tax transcripts or returns.

If her parents filed jointly, you will have to include an I-864A for her mom. I am ssuming the father filed as the head of household. This is so that the entire combined income on the return can be considered for the AOS. Also, if it's a joint return, you will still need the I-864A even if one of the parents did not work. They won't consider that joint income without getting the other person's agreement to the AOS contract.

Hope that helps!

t0+, thanks so much for your reply and help. Would we be notified that her current employment is not sufficient at the time of receiving the NOA1, or would we have to wait until the interview to know if we would need her parents as joint sponsors? Would this mean another long, undetermined wait for another interview with the new I-864s? thanks again

[sweetpiano 0]

If the USCIS considers that her current income is not sufficient and you need co-sponsors, you will be notified sometime between the NOA1 and the interview. This would be via a RFE (Request for Evidence) and you will have a chance to submit I-864 for your co-sponsors in response to the RFE. If they are satisfied with that new evidence, then an interview is scheduled. So, yes you will know ahead of time, but not as early as NOA1.

GOod luck!

[t0+ 1]

I just noticed that this was posted in the Adjustment of Status forum. I clicked on it from the main page. I am sorry, I think I need to make some clarifications:

I am going to assume your are in the US now, right? Where ever I said NVC, replace that with USCIS. Also, where ever I wrote AOS, I actually meant Affidavit of Support and not Adjustment of Status. I could see confusion, in this forum AOS means Adjustment of Status. I hope this clears up somethings, rather than confuse. Everything else still holds true.

Regarding your question, No you would not find out when you receive the NOA1, as this is only the receipt of your case. If USCIS determines that the evidence of income is not enough, you will get an RFE (request for evidence) stating why this finding was made and what additional evidence they require. The additional evidence in this case would probably be an I-864 from a joint sponsor(s).

This is from the USCIS adjudicating manual:

(E) Other Evidence of Income. For purposes of demonstrating means to maintain income, the total income, before deductions, in the sponsor’s tax return for the most recent taxable year will be generally determinative. There is no requirement to determine whether the sponsor would have met 125% (or 100%) of the governing Poverty Guideline before the most recent tax year. Income tax information from these years should only be used to take the earning trend into consideration when assessing current and future earning capability.

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.

Source <<-------

sorry about the confusion.

[anon11235 0]

Wow, really useful info and great advice, thanks for your responses. I think we will try using her info only and have a joint sponsor ready in case we receive a RFE. Thanks again!

[sweetpiano 0]

That's a great plan.

[Jack and Barbara 0]

I just noticed that this was posted in the Adjustment of Status forum. I clicked on it from the main page. I am sorry, I think I need to make some clarifications:

I am going to assume your are in the US now, right? Where ever I said NVC, replace that with USCIS. Also, where ever I wrote AOS, I actually meant Affidavit of Support and not Adjustment of Status. I could see confusion, in this forum AOS means Adjustment of Status. I hope this clears up somethings, rather than confuse. Everything else still holds true.

Regarding your question, No you would not find out when you receive the NOA1, as this is only the receipt of your case. If USCIS determines that the evidence of income is not enough, you will get an RFE (request for evidence) stating why this finding was made and what additional evidence they require. The additional evidence in this case would probably be an I-864 from a joint sponsor(s).

This is from the USCIS adjudicating manual:

(E) Other Evidence of Income. For purposes of demonstrating means to maintain income, the total income, before deductions, in the sponsor’s tax return for the most recent taxable year will be generally determinative. There is no requirement to determine whether the sponsor would have met 125% (or 100%) of the governing Poverty Guideline before the most recent tax year. Income tax information from these years should only be used to take the earning trend into consideration when assessing current and future earning capability.

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.

Source <<-------

sorry about the confusion.

Basically, it sounds like only the most recent tax return is needed (2007) so long as it exceeds the 125% minimum poverty guidelines. In our case, I recently got a new job, so I might include copies of recent pay stubs and/or a bank statement, even though I don't believe they are needed. I do not plan on including 2005 & 2006 tax returns, though.

For the 2007 tax return, does this need to be an original or will a copy suffice?

Thanks!