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amyandjorge

AOS 3 yrs?

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Working with a lawyer to get my husband's greencard and we're stuck on the affidavit of support. The lawyer says I currently fulfill the financial requirements, but he wants a joint sponsor for the 3 previous years. I recently graduated from college, got a good job right after we got married, almost a year ago and I am wondering how important my previous tax transcripts are. Obviously trying to go the fastest route with this, the lawyer says they may reject my AOS alone, but I want to send the application now rather than waiting for another person's documents to be collected. I haven't been able to find anything that says the financials for the past 3 years must qualify, but maybe I missed something.

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Working with a lawyer to get my husband's greencard and we're stuck on the affidavit of support. The lawyer says I currently fulfill the financial requirements, but he wants a joint sponsor for the 3 previous years. I recently graduated from college, got a good job right after we got married, almost a year ago and I am wondering how important my previous tax transcripts are. Obviously trying to go the fastest route with this, the lawyer says they may reject my AOS alone, but I want to send the application now rather than waiting for another person's documents to be collected. I haven't been able to find anything that says the financials for the past 3 years must qualify, but maybe I missed something.

There isn't a strict requirement that your financials for the last three years has to meet the poverty guideline. There is a reason that information about your last three years of tax returns are required. The basis question is if your husband receives a means tested benefit in the future, will you be able to meet your obligations under the I-864 to reimburse the US government? Your past and current earnings are indicators of your ability to reimburse the government in the future.

What the IO is looking for is steady and reliable income over a period of time. A new job, even a well paying one, may not be evidence that it is steady and reliable income over a period of time. A short employment history will not show steady and reliable income over a period of time.

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Working with a lawyer to get my husband's greencard and we're stuck on the affidavit of support. The lawyer says I currently fulfill the financial requirements, but he wants a joint sponsor for the 3 previous years. I recently graduated from college, got a good job right after we got married, almost a year ago and I am wondering how important my previous tax transcripts are. Obviously trying to go the fastest route with this, the lawyer says they may reject my AOS alone, but I want to send the application now rather than waiting for another person's documents to be collected. I haven't been able to find anything that says the financials for the past 3 years must qualify, but maybe I missed something.

The current income is the major criterion. But they also rely on last 3 years wage details, hence Item 25 of I-864. In your case if you have a good current pay, get an emaployment certficate indicating your current annual pay, latest avaailable pay stubs and write a good explanation as to how you would be able to take care of your wife with your income. I think it helps if you are able to get a co-sponsor but if you have a very good current salary and are unable to get a co-sponsor, go for it with what I suggested above.


USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

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Working with a lawyer to get my husband's greencard and we're stuck on the affidavit of support. The lawyer says I currently fulfill the financial requirements, but he wants a joint sponsor for the 3 previous years. I recently graduated from college, got a good job right after we got married, almost a year ago and I am wondering how important my previous tax transcripts are. Obviously trying to go the fastest route with this, the lawyer says they may reject my AOS alone, but I want to send the application now rather than waiting for another person's documents to be collected. I haven't been able to find anything that says the financials for the past 3 years must qualify, but maybe I missed something.

My husband was in the same situation as you are. He was in college during 2008 and only had a part-time job, so he was under the poverty line. For 2009, he finished college half-way through the year and had a full-time job for the second half of the year, but he just barely made the poverty line. And then mid-way through 2010, he got a really high-paying job which put him over the poverty line. NVC looks at current income. So as long as you're making over 125% of the poverty line now, then you shouldn't need to find a co-sponsor. We didn't and our AOS was accepted without problems.

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My husband was in the same situation as you are. He was in college during 2008 and only had a part-time job, so he was under the poverty line. For 2009, he finished college half-way through the year and had a full-time job for the second half of the year, but he just barely made the poverty line. And then mid-way through 2010, he got a really high-paying job which put him over the poverty line. NVC looks at current income. So as long as you're making over 125% of the poverty line now, then you shouldn't need to find a co-sponsor. We didn't and our AOS was accepted without problems.

It also depends on Hondorus CO......How those guys look at the AOS. Hopefully someone from Hondorus may respond with their experience. Yes, your current income that matters most.


USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

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It also depends on Hondorus CO......How those guys look at the AOS. Hopefully someone from Hondorus may respond with their experience. Yes, your current income that matters most.

True, it can depend on the consulate/embassy and their COs, but that'd be at the interview. At NVC, they consider the current income to be the most important, as we've both said. So, the AOS can be accepted at NVC, but depending on Honduras and the CO, the AOS might not be accepted at the time of the interview. But I don't know anything about how strict Honduras is...

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