AOS and illegal employment

[nelifi 0]

Thanks everyone for your help, I really appreciate it.

I have a few more questions regarding the Affidavit of Support form. I don't want to create a new topic, so I just post it here.

My wife was a full-time student last year and her 2009 tax returns are below the poverty line. But in June 2009 when the school was over she got a full-time job and her current income is enough to be my only sponsor.

1) If we provide a letter from her employer stating her annual salary and some pay stubs, would it work? Or we definitely need a joint sponsor?

2) If we send our AOS package and IO decide that my wife's income is not enough, the case would be denied or we get a RFE first?

[JimVaPhuong 4,863]

Thanks everyone for your help, I really appreciate it.

I have a few more questions regarding the Affidavit of Support form. I don't want to create a new topic, so I just post it here.

My wife was a full-time student last year and her 2009 tax returns are below the poverty line. But in June 2009 when the school was over she got a full-time job and her current income is enough to be my only sponsor.

1) If we provide a letter from her employer stating her annual salary and some pay stubs, would it work? Or we definitely need a joint sponsor?

2) If we send our AOS package and IO decide that my wife's income is not enough, the case would be denied or we get a RFE first?

If she's been on the job for a year now then I seriously doubt they would reject her as the sole sponsor, as long as you can document her income. If they decide you need a co-sponsor then they should issue an RFE. When a problem can be corrected by submitting more evidence or documents then they're supposed to issue an RFE. They're only supposed to deny outright if the applicant is clearly ineligible.

[nelifi 0]

Thank you.

I have another silly question. My wife was not required to file taxes in 2007, so do I check the box #25 on form I-864 "I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year"? Or just leave it empty?

[JimVaPhuong 4,863]

Thank you.

I have another silly question. My wife was not required to file taxes in 2007, so do I check the box #25 on form I-864 "I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year"? Or just leave it empty?

I'm not certain, but I believe you have to check one of those two boxes on the form. The instructions say you should provide a written explanation if you were not required to file a return in any of the three most recent tax years because your income was below the minimum filing threshold. If you aren't required to file for some reason other than low income then you are supposed to provide the statement, as well as evidence proving that you were exempt from filing.