I-864 Income Requirement

[maviboran 0]

My question is about the income requirement for the AOS. I just sent my I-130 package and I just wanted to get everything ready in advance. My only concern is the affidavit needed to file since my income was different each year. In 2008, I was a full time student and also self-employed and filed a loss of -1,500, in 2009 I was still a full time student, worked part time and had an income of 7,500. In most current year's tax return, 2010, I had an income of 22,000. I graduated from school in May 2009 and got my current job in November 2010. I will get an employment letter from my boss showing my income which is around $30,000 to go with my current W-2s. Now, my question is, would it be sufficient to show that employment letter from my current job even though my income wasn't steady in 2008 and 2009 since I was still in school full time. I'm asking all these questions since there's absolutely NO way of finding a co-sponsor in my family. What are my chances with this AOS being approved? (Current income above poverty line, employment letter, maybe school transcipts showing I was enrolled full time) I know they also mention assets but I doubt that will be an option. Max I can show in assets will be around $5K. Any advice will be greatly appreciated. Thanks in advance guys!

[pushbrk 14,265]

My question is about the income requirement for the AOS. I just sent my I-130 package and I just wanted to get everything ready in advance. My only concern is the affidavit needed to file since my income was different each year. In 2008, I was a full time student and also self-employed and filed a loss of -1,500, in 2009 I was still a full time student, worked part time and had an income of 7,500. In most current year's tax return, 2010, I had an income of 22,000. I graduated from school in May 2009 and got my current job in November 2010. I will get an employment letter from my boss showing my income which is around $30,000 to go with my current W-2s. Now, my question is, would it be sufficient to show that employment letter from my current job even though my income wasn't steady in 2008 and 2009 since I was still in school full time. I'm asking all these questions since there's absolutely NO way of finding a co-sponsor in my family. What are my chances with this AOS being approved? (Current income above poverty line, employment letter, maybe school transcipts showing I was enrolled full time) I know they also mention assets but I doubt that will be an option. Max I can show in assets will be around $5K. Any advice will be greatly appreciated. Thanks in advance guys!

If your income is sufficient, and from "Employment" and there are no children immigrating with your spouse, use the I-864EZ. Otherwise, use the I-864. When income is sufficient, simply leave the optional asset related questions blank. (Only applies to I-864 as the EZ version doesn't ask about assets.)

[Navyk 78]

You got a good advise. My case is almost similar - meaning my 2010 income is less that the 125% povrty line for 2. While the 2010 tax returns or IRS Tax Transcript is required, the other two years (2009 & 2008) are optional for those these would help else these two are just optional and if I were you I will not bother about those two (but including those will not be counter-productive too). I am including those as I have high income before going to school in 2008 & 2009 (7 months).

Though optional, an employment letter from current employer and 2 or 3 latest subs helps in our cases - of course we need to submit a letter of explanation.

[maviboran 0]

If your income is sufficient, and from "Employment" and there are no children immigrating with your spouse, use the I-864EZ. Otherwise, use the I-864. When income is sufficient, simply leave the optional asset related questions blank. (Only applies to I-864 as the EZ version doesn't ask about assets.)

Thank you! It does look like an 'EZ' form I was just confused with people saying that whatever you're short in income requirement, you have to make it up by the assets.

[pushbrk 14,265]

Thank you! It does look like an 'EZ' form I was just confused with people saying that whatever you're short in income requirement, you have to make it up by the assets.

Right, but you're not short of current income.

[Navyk 78]

Remember your current income is the annual income given in your letter of appointment and not the actaul amount you will be earning in 2011. For example my annual income is still 80,000 (not 40,000 since I only started working from June 27).

[maviboran 0]

You got a good advise. My case is almost similar - meaning my 2010 income is less that the 125% povrty line for 2. While the 2010 tax returns or IRS Tax Transcript is required, the other two years (2009 & 2008) are optional for those these would help else these two are just optional and if I were you I will not bother about those two (but including those will not be counter-productive too). I am including those as I have high income before going to school in 2008 & 2009 (7 months).

Though optional, an employment letter from current employer and 2 or 3 latest subs helps in our cases - of course we need to submit a letter of explanation.

I wanted to make a strong case by attaching the employment letter with the W-2s. On my last tax return, I have the income from my current job for only two months. I was planning on just sending the 2010 return and skip the optional prior two years. However, you still need to fill that section of the form. I just don't know how it'll look when I fill out my yearly income. It'll be like Most recent $22,000, 2nd year $7,500 and 3rd year a loss of $1,500. I'm just confused with everyone saying for a family of two $18K X 3= $54K is the required income and people advise that I should make up the difference. So in my case, I had a net income of $28,000 for the total and I somehow need to include assets for $26K to make up the difference. It just didn't make any sense since I was in school. Now, I graduated, found a job, have the income they require (only for the current year) and I got married. I just feel frustrated that they will get to my case and ask for more income. It does feel good to have someone on the same boat with me. Thank you!

[Navyk 78]

Your current income is used for calculating the 125% of the proverty line and not the old income. Since you have low previous income, you will be explaining and the fact that you were a student substanciates it. So don't worry, just provide the true facts - never try to hide anything, as NVC can all your previous records at finger tips.

Bottom-line is your case is good if you are making 30,000 PA. Just fill I-864EZ if you don't have any balance in bank accounts or doesn't care to show that else file I-864 if you have some balance in bank accounts and also get a latest bank statement from the branch, which is pretty easy.

[maviboran 0]

Your current income is used for calculating the 125% of the proverty line and not the old income. Since you have low previous income, you will be explaining and the fact that you were a student substanciates it. So don't worry, just provide the true facts - never try to hide anything, as NVC can all your previous records at finger tips.

Bottom-line is your case is good if you are making 30,000 PA. Just fill I-864EZ if you don't have any balance in bank accounts or doesn't care to show that else file I-864 if you have some balance in bank accounts and also get a latest bank statement from the branch, which is pretty easy.

Oh my God, you made me feel good about this. I was about to freak out. Thank you!

[pushbrk 14,265]

I wanted to make a strong case by attaching the employment letter with the W-2s. On my last tax return, I have the income from my current job for only two months. I was planning on just sending the 2010 return and skip the optional prior two years. However, you still need to fill that section of the form. I just don't know how it'll look when I fill out my yearly income. It'll be like Most recent $22,000, 2nd year $7,500 and 3rd year a loss of $1,500. I'm just confused with everyone saying for a family of two $18K X 3= $54K is the required income and people advise that I should make up the difference. So in my case, I had a net income of $28,000 for the total and I somehow need to include assets for $26K to make up the difference. It just didn't make any sense since I was in school. Now, I graduated, found a job, have the income they require (only for the current year) and I got married. I just feel frustrated that they will get to my case and ask for more income. It does feel good to have someone on the same boat with me. Thank you!

You really have to read carefully and interpret literally. You only multiply by three to see how much in assets you would need in order to make up a shortfall income. Your income is your income. If your got hired today at $60,000 a year, your current income is $60,000 just as it would be if today was December 1 and you hadn't worked all year. Questions about past income are only informational. They are considered but NOT considered "current income".