Jump to content
cali889

Interview next WEEK! I-864/IRS/Poverty line

 Share

7 posts in this topic

Recommended Posts

Filed: AOS (pnd) Country: Brazil
Timeline

My AOS interview in next week and i am having financial issues.

1) My husband (petitioner-US citizen) is self-employed and owes taxes for 2008 (around 4 grand).

We won't be able to pay it off to the IRS before our interview next week. What should we do? (payment plan??)

2) Another issue...We did meet the 125% poverty line for the 2008 tax year but not for 2007 (his business income was below the line for the 2007 tax year). Will this be an issue?

or does USCIS look at only the most recent tax year, 2008?

Thank you.

Our timeline:

10/27/04 Met honey :)

04/12/05 Engaged!

08/06/05 Moved in together...

08/06/08 Got married!

05/19/09 Sent AOS Package (I-130, I-485, I-693, I-765, I-864)

05/20/09 USCIS received AOS Package 10:43 am

05/26/09 Received NOA for I-130, I-485, I-765

05/26/09 Received biometrics appointment for 06/13/09

06/13/09 Biometrics taken for I-485 and I-765

06/15/09 Notified USCIS of incorrect name spelling

06/20/09 Received letter from USCIS- name corrected

06/27/09 Received Interview Letter for 8/13/09

07/12/09 I-765/EAD approved! (online)

07/16/09 Received EAD!

07/20/09 Applied for SSN.

08/05/09 Received SSN (mail).

08/10/09 touch (I-485, I-130)

08/13/09 Interview...Approved!

Link to comment
Share on other sites

My AOS interview in next week and i am having financial issues.

1) My husband (petitioner-US citizen) is self-employed and owes taxes for 2008 (around 4 grand).

We won't be able to pay it off to the IRS before our interview next week. What should we do? (payment plan??)

You may have to show that you are on a payment plan - I take it you have submitted the 1040 with supporting documentation?

2) Another issue...We did meet the 125% poverty line for the 2008 tax year but not for 2007 (his business income was below the line for the 2007 tax year). Will this be an issue?

or does USCIS look at only the most recent tax year, 2008?

Up to the CO when they look over your case. They are looking at the ability for the petitioner to support the benificiary, and they slide it out five years or so. Remember, the instructions for the affidavits state you can provide 3 years of returns, if you think it will help your case.

Thank you.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Ukraine
Timeline
Up to the CO when they look over your case. They are looking at the ability for the petitioner to support the benificiary, and they slide it out five years or so. Remember, the instructions for the affidavits state you can provide 3 years of returns, if you think it will help your case.

What does it mean - its up to CO? We also complete I-864 section about most 3 recent year and have in 2006 only 3500$ income, and 2007 and 2008 - we OK. So does it mean can be RFE? Saying for example - you need a co-sponsor because you income history not perfect? Or you did not meet 125% of poverty line in 2006, that's why you have to look someone who meet poverty line in 2006 to be your co-sponsor? But I864 require meet 125% of 2008 only. Confused so much! You made me scare about RFE...

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Current and ongoing income is the important thing. The CO/IO does make a judgement based on the evidence presented. If current income (2009) meets the standard and the earnings history is good and/or shows stability then you should be fine.

To the question: 06-low, 07 & 08-meet guidelines AND 09 (annualized)- meets guidelines should be ok.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Ukraine
Timeline
Current and ongoing income is the important thing. The CO/IO does make a judgement based on the evidence presented. If current income (2009) meets the standard and the earnings history is good and/or shows stability then you should be fine.

To the question: 06-low, 07 & 08-meet guidelines AND 09 (annualized)- meets guidelines should be ok.

Thank you for answer.

But I can't find anything of ongoing income in I864 instruction. Like they compare ongoing income with something...

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Brazil
Timeline
My AOS interview in next week and i am having financial issues.

1) My husband (petitioner-US citizen) is self-employed and owes taxes for 2008 (around 4 grand).

We won't be able to pay it off to the IRS before our interview next week. What should we do? (payment plan??)

You may have to show that you are on a payment plan - I take it you have submitted the 1040 with supporting documentation?

2) Another issue...We did meet the 125% poverty line for the 2008 tax year but not for 2007 (his business income was below the line for the 2007 tax year). Will this be an issue?

or does USCIS look at only the most recent tax year, 2008?

Up to the CO when they look over your case. They are looking at the ability for the petitioner to support the benificiary, and they slide it out five years or so. Remember, the instructions for the affidavits state you can provide 3 years of returns, if you think it will help your case.

Thank you.

Thank you for the reply.

I have submitted the 3 years of 1040 (2006-high income, 2007-low , 2009-close to poverty line but above it).

I will probably contact IRS to set up a payment plan....and show that to the IO if they ask.

What are some items I could show the IO for our current income for 2009? Bank statements? Check stubs?

We have not filed an estimated tax for 2009.

I appreciate your help.

Our timeline:

10/27/04 Met honey :)

04/12/05 Engaged!

08/06/05 Moved in together...

08/06/08 Got married!

05/19/09 Sent AOS Package (I-130, I-485, I-693, I-765, I-864)

05/20/09 USCIS received AOS Package 10:43 am

05/26/09 Received NOA for I-130, I-485, I-765

05/26/09 Received biometrics appointment for 06/13/09

06/13/09 Biometrics taken for I-485 and I-765

06/15/09 Notified USCIS of incorrect name spelling

06/20/09 Received letter from USCIS- name corrected

06/27/09 Received Interview Letter for 8/13/09

07/12/09 I-765/EAD approved! (online)

07/16/09 Received EAD!

07/20/09 Applied for SSN.

08/05/09 Received SSN (mail).

08/10/09 touch (I-485, I-130)

08/13/09 Interview...Approved!

Link to comment
Share on other sites

  • 3 weeks later...
Filed: IR-1/CR-1 Visa Country: Hungary
Timeline
My AOS interview in next week and i am having financial issues.

1) My husband (petitioner-US citizen) is self-employed and owes taxes for 2008 (around 4 grand).

We won't be able to pay it off to the IRS before our interview next week. What should we do? (payment plan??)

2) Another issue...We did meet the 125% poverty line for the 2008 tax year but not for 2007 (his business income was below the line for the 2007 tax year). Will this be an issue?

or does USCIS look at only the most recent tax year, 2008?

Thank you.

Hi, if you meet the 125% for 2008, you DO NOT need to show 07, and 06 returns. It is only an option.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...