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Posted (edited)

Hi there... my husband and I are getting ready to file for a spouse visa for me (see more info here http://www.visajourney.com/forums/topic/259172-trying-to-get-back-to-my-husband-in-america-need-your-help/page__p__3975721#entry3975721).

As my post (link above) mentions, we were denied last year because my husband's 2008 income was way below the poverty line (see link for more info on this). Anyway, getting ready to try this all again and I just want to ask you friendly board members for advice. In section 24 of the I-864 it asks for my husband's current annual income. Our 2009 taxes have been done and we are well above poverty line. However section 25 asks for the last 3 years of income. 2009 we are well above poverty line. 2008 we are way below, and 2007 we are above.

Will the 2008 income be a problem or is it only the current year that is important? Maybe they need income to be above poverty line for 3 years consistently, or maybe they average it out? I would greatly appreciate any input!

Edited by cherryswife
Filed: Citizen (apr) Country: Greece
Timeline
Posted

Good luck in your application!

They care about current income, so the 2009 tax returns being well above the poverty line should get you your approval (asuming that there are no other problems in your application). If I were you, I'd make sure I also provide proof that this income is ongoing, because 2009 may be the most recent tax year, but we're already in the second half of 2010 - you get what I mean. So it's a good idea to prove to them that this is still the level of your income by submitting documents such as W2, recent pay stubs, a letter from your spouse's employer etc. etc.

My CR1 timeline (DCF London):
June 26, 2010 - civil wedding
Aug 2, 2010 - I-130 package mailed to the London Consulate (DCF)
Aug 9, 2010 - NOA1 (confirmation of receipt) via email
Sep 4, 2010 - religious wedding
Oct 21, 2010 - NOA2
Nov 25, 2010 - Case number received in the mail
Nov 29, 2010 - Medical
Dec 1, 2010 - DS-230I & DS-2001 forms mailed back
Feb 1, 2011 - Interview - APPROVED!!!
Feb 7, 2011 - Passport with Visa received via courier
June 7, 2011 - POE Los Angeles (LAX)
June 18, 2011 - 2-Year Green card received in the mail!!!

My ROC journey:
April 2, 2013 - I-751 package mailed to California Service Center

April 3, 2013 - NOA1 date
April 8, 2013 - check cleared
May 6, 2013 - Biometrics completed

July 25, 2013 - 10 year green card APPROVED!! (notification via text and email, and website updated)

July 29, 2013 - ROC approval letter received in the mail

July 31, 2013 - 10 year green card received in the mail!!!

My N-400 journey:

March 19, 2014 - N-400 package mailed to Phoenix, AZ Lockbox

March 24, 2014 - NOA1 date and Priority Date

March 27, 2014 - Check cleared

April 21, 2014 - Biometrics done

May 7, 2014 - In line for interview

June 23, 2014 - Scheduled for interview

July 28, 2014 - Interview - PASSED!!

July 30, 2014 - In line for oath

July 31, 2014 - Scheduled for oath

Aug 2, 2014 - Oath letter received

Aug 27, 2014 - Oath ceremony, I am a US citizen!!!

Sep 11, 2014 - US passport received

Posted

Good luck in your application!

They care about current income, so the 2009 tax returns being well above the poverty line should get you your approval (asuming that there are no other problems in your application). If I were you, I'd make sure I also provide proof that this income is ongoing, because 2009 may be the most recent tax year, but we're already in the second half of 2010 - you get what I mean. So it's a good idea to prove to them that this is still the level of your income by submitting documents such as W2, recent pay stubs, a letter from your spouse's employer etc. etc.

Thank you kindly and great idea!!!

 
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