filling for AOS at the same time had bankruptcy

[frappucino87 1]

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 January 28, 2012 by frappucino87

[ceadsearc 515]

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.

[frappucino87 1]

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?

[kcoyclay1 98]

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

[ceadsearc 515]

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.

[VanessaTony 3,567]

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 January 28, 2012 by Vanessa&Tony

[frappucino87 1]

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