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frappucino87

filling for AOS at the same time had bankruptcy

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Hi fellow VJers! I need your insight about this issue. I am here in the US under K1 visa and planning to adjust my status soonest but our problem is my husband lost his business and file for bankruptcy and when we had his tax file for this year 2012 it shows below poverty income. My husband is hesitant to send his ITR for 2012 together with my docs. We had our co sponsor ready because we used one during my visa application. Do you think I still should send his ITR for 2012 even though its below poverty income? We dont have bonds left or any property because we give it to the bank for the bankruptcy. My husband now has a new job for 5 months now, we have his w2 for the new job and it shows he did not earn much. please help on what to do. Any comments is highly appreciated. Thanks

Edited by frappucino87

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As your sponsor he must include his tax return from the most recent year. If you have a cosponsor it's ok that your spouse doesn't meet the income requirement. They will look to what your cosponsor makes. He still fills out the I-864 and sends his last tax return.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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As your sponsor he must include his tax return from the most recent year. If you have a cosponsor it's ok that your spouse doesn't meet the income requirement. They will look to what your cosponsor makes. He still fills out the I-864 and sends his last tax return.

Ok thanks ceadsearc even if that means that his ITR for 2012 is below the required income? having a co sponsor who is beyond the required poverty income you think would suffice the requirement?

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Yes. The co-sponsor would take on the joint responsibilty of sponsoring you.


STANLEY & KAREN
01/15/2009 - Fedex I-130, I-485, I-693, I-864, I-765, G-325A
01/20/2009 - Received in mail-room and signed for by J CHYBA
01/28/2009 - Checks cashed by Homeland Security
02/02/2009 - Received in mail 3 pcs of NOA1 one each for I-485, I-130, I-765 dated 01/28/2009
02/03/2009 - Received email RFE. What did I not send now, whew!
02/09/2009 - Received mails for initial evidence and Biometric appointment (02/19/2009); mailed evidence
02/19/2009 - biometrics done - in a out in 45 minutes
03/14/2009 - Receive NOA2 dated 03/10/2009. AOS interview April 29, 2009
03/18/2009 - Touched. EAD Card production ordered
03/25/2009 - Touched. EAD approval sent
03/27/2009 - EAD card received in the mail; applied for SS# immediately (office is across the street from my home)
04/02/2009 - Received SS# in the mail
04/29/2009 - Interviewed. I- 130 approved, I-485 pending IO's review
05/05/2009 - Received NOA2. Welcome letter for Permanent Residency. I-130 and I-485 approved 04/30/2009
05/08/2009 - Touched. I-485 approval letter sent
05/11/2009 - GC received in the mail. Expires 2019
05/11/2009 - Applied to remove restrictions on my SS Card
05/18/2009 - Received unrestricted SS card

10/13/2009 - My darling husband of 2 yrs 5 months 3 weeks 3 days passed away :(

Naturalization Process (5 Yrs Later) :goofy:

Mar 28, 2014 - Mailed N-400
Apr 08, 2014 - Check cashed
Apr 09, 2014 - Receive Notice letter Priority date April 3, 2014
Apr 11, 2014 - Touched - Email - Biometrics letter mailed
May 08, 2014 - Biometrics done
May 12, 2014 - Touched - Email - In line for interview scheduling
July 12, 2014 - Pre-interview letter (Yellow letter) received in mail
Aug 20, 2014 - Touched - Email - Interview scheduled
Aug 25, 2014 - Interview scheduled for Sept. 24, 2014
Sept 24, 2014 - Passed interview
Oct 06, 2014 - Touched - Email - In oath scheduling que
Oct 08, 2014 - Touched - Text - Oath ceremony scheduled
Oct 14, 2014 - Received letter - Oath ceremony Oct 28, 2014
Oct 28, 2014 - I AM A US CITIZEN! :joy: :joy: :joy:
Nov 12, 2014 - Updated my status from permanent resident to citizen at Social Security
Nov 14, 2014 - Applied for US passport
Nov 29, 2014 - Received US passport book
Dec 01, 2014 - Received Passport card
Dec 04, 2014 - Received Naturalization Certificate

--------------------
KayCee

Ccut.jpg.png

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Yes, it won't be a problem. He could be unemployed and it wouldn't matter as long as your cosponsor had sufficient income.

Also, while you do need a cosponsor if current income is inadequate, tax returns for 2011 aren't due until April 15th so if you file before then you can include 2010 tax returns as most recent. Of course, if you have the 2011 year returns done, you can go ahead and send those but if you haven't completed them don't feel you have to rush.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Ok thanks ceadsearc even if that means that his ITR for 2012 is below the required income? having a co sponsor who is beyond the required poverty income you think would suffice the requirement?

He hasn't filed his 2012 taxes because it's still 2012. You're talking about his 2011 taxes. He still needs to send his 2010 return but the low income won't matter because the co-sponsor earns enough.

Edited by Vanessa&Tony

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He hasn't filed his 2012 taxes because it's still 2012. You're talking about his 2011 taxes. He still needs to send his 2010 return but the low income won't matter because the co-sponsor earns enough.

Thank you vanessa&tony :)

Yes, it won't be a problem. He could be unemployed and it wouldn't matter as long as your cosponsor had sufficient income.

Also, while you do need a cosponsor if current income is inadequate, tax returns for 2011 aren't due until April 15th so if you file before then you can include 2010 tax returns as most recent. Of course, if you have the 2011 year returns done, you can go ahead and send those but if you haven't completed them don't feel you have to rush.

Thank you very much for the info. Now I am relieved :)

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