I-864 Query

[arh1 2]

We are still in the process of assembling all the information required for the AOS paperwork and have it 99% complete. We just wanted to query a couple of points over the I-864.

Heather didn't work in 2008/2009 and so no Tac Transcripts are available for that period and so we have inlcuded a statement, signed to that effect.

Including a 2010 Tax Transcript that reports c. $18,000 income, albeit earned overseas. 2011 not filed yet, therefore not most recent tax return.

Heather has $23,620.47 worth of savings and has included financial statements for this from the bank.

I have $7,116.91 worth of savings and included statements from the bank. We have put this information into the I-864 form.

We calculate (using the 125% poverty guidelines for 2 of $18,912) that the income required to show is therefore $8,666.25, using 1/3rd of the value of the total of the assets... does this look correct? Using just Heather's assets then income needed of $11,038.51.

Heather currently has two jobs, as a substitute teacher and a retail assistant - both jobs started end of February, begining of March respectively. She has calculated her annual income at c. $22,750.

Both employers have written letters stating this and that Heather is employed, but the School District would only write that Heather works on an on-call basis earning $82 per day (which she does and has worked every day since getting the job so will show gross pay of $1,600 per month) and the store she works at has written a letter with average (lowest) weekly hours and hourly pay, which equates to roughly $6,180 a year - although she will make more as she works extra shifts.

At this stage she has not received any actual pay checks as is not the end of March yet.

Our queries are that, although we have what we beleive is enough proof to file just now - should we wait until Heather receives some pay checks or send it all now on the basis we have employer letters?

Sorry to ramble...Thanks.

[kcoyclay1 98]

It's either employer's letter or pay stubs. The pay stubs may work more in her favor because she works extra shifts. You need to submit at least 6 months of stubs - Sept. '11 - Feb. '12. I'm not sure if you may need a co-sponsor based on the fact that the requirement to be a sponsor is 3 years of filed taxes and she was unable to in 2008/09 based on unemployment. Somehow I believe that she will. Best thing to do is to get one or file 2011 and amend later.

[JoannaV 174]

What was her 2011 income? I'm wondering if it will be useful if you could include that tax return or not.

I think that if you file and they don't think her income evidence is sufficient they will give you the opportunity to submit more evidence. Having said that, you don't need to file AOS straight away, so you may want to wait till she has a couple of pay stubs, unless you need to be able to travel/work asap.