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Kristy

affadavit of support headache

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Hey everyone,

Long story short, my dad is going to be the co sponsor for my fiance's visa. I know that when you submit an Affadavit of Support for the Adjustment of Status stage, you're required to submit three years information on tax returns. The thing is, my dad received a raise in October of 2011 that would make him able to be the co sponsor. Is it going to be a problem that the previous years before he didn't make enough? Also, I was a student until recently and didn't work much. I can't even remember if I filed a tax return last year. Is this going to be a problem. Thanks for the help guys.

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Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Family Based Visas forum. OP has stated their inquiry is related the Adjustment of Status process after entry to the US on a K1 visa.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Hey everyone,

Long story short, my dad is going to be the co sponsor for my fiance's visa. I know that when you submit an Affadavit of Support for the Adjustment of Status stage, you're required to submit three years information on tax returns. The thing is, my dad received a raise in October of 2011 that would make him able to be the co sponsor. Is it going to be a problem that the previous years before he didn't make enough? Also, I was a student until recently and didn't work much. I can't even remember if I filed a tax return last year. Is this going to be a problem. Thanks for the help guys.

You're not required to SUBMIT 3 years, you're required to have filed 3 years and list those 3 years on the I-864. only the most recent is required to be sent with I-864. Previous income doesn't matter, CURRENT income matters. My husband earned really crappy wages the year before I arrived because he was studying fulltime. We had zero issues.

You should order IRS transcripts online for the last 3 years and if you didn't file taxes you'd find out 'cause they'll send you a notice saying nothing on record. If you didn't file and you SHOULD have you need to file back taxes. If you didn't file because you didn't earn enough or whatever then you need to include a letter stating why you weren't required to file.

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Hey everyone,

Long story short, my dad is going to be the co sponsor for my fiance's visa. I know that when you submit an Affadavit of Support for the Adjustment of Status stage, you're required to submit three years information on tax returns. The thing is, my dad received a raise in October of 2011 that would make him able to be the co sponsor. Is it going to be a problem that the previous years before he didn't make enough? Also, I was a student until recently and didn't work much. I can't even remember if I filed a tax return last year. Is this going to be a problem. Thanks for the help guys.

If he is currently qualified to be the joint sponsor, then he is. It is not based on his past income. He just needs to list the income amount from the past 3 years on the I-864 form for question #25. The 125% requirement is not based on those figures. It will be based on the amount he provides as his current income for questions #23 and 24 and/or current assets(if using) from part 7 - #26.

If you did not earn enough to be required to file taxes, then you need to provide a statement explaining why you were not legally obligated to file. IRS Pub 17 states you did not have to file if you were single and made less than $9,500: http://www.irs.gov/publications/p17/ch01.html#en_US_2011_publink1000170407


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Adding my 2 cents..

When i filed my AOS My wife also was a student for all the years and therefore didn't file her own tax return but was a dependent on her parents return.

Therefore, you can just call IRS and they will FAX you the Transcript verifying the Non-Filing of Tax Return for the most recent tax Year

Below are the items i sent to USCIS and i have also attachment letter for no income earned during year 2xxx document.

To be on the safe side i also sent the filing requirement sheet from the 1040 instruction to USCIS.

I-864, Affidavit of Support, filled out by my sponsor (Petitioner), Wife’s Name, and supporting documents:

• Transcript from Internal Revenue Service verifying the Non-Filing of Tax Return for the Period Year

• Letter for No Income Earned During Year 2009

• Copy of Income Tax ‘Filing Requirement’ Sheet for the year 2009 from Internal Revenue Service Form 1040 Instructions showing not obligated to file if $0

income is earned.

Cheers and Good Luck!


AOS Timeline
02/18/2011 - AOS package sent
02/28/2011 - NOA 1 for AOS, EAD, AP
03/24/2011- RFE 1
04/07/2011- RFE 2
04/13/2011 - Bio-metrics Appointment
05/04/2011 - EAD Approved (card production) & AP approved!
05/16/2011 - EAD Card received
06/02/2011 - I-485 Transferred to NBC
07/13/2011 - AOS approved, GC card production ordered!
07/25/2011 - Green Card received (Conditional)

ROC Timeline

04/15/2013 - ROC Window Opens

04/28/2013 - Mailed I-751 Packet

05/11/2013 - NOA Received dated 04/30
05/18/2013 - Bio-metrics Received appt 06/11
08/27/2013 - ROC approved (Confirmation received from online Status update)
09/03/2013 - Green card received (10 Yr)

Naturalization (N-400) Timeline

04/07/2014 - N-400 Filing Window Opens

05/03/2014 - N-400 Mailed to Dallas Service Center

05/05/2014 - N-400 package delivered signed by C Thornquist
05/08/2014 - Package receipt confirmation via text/email with case number
05/12/2014 - NOA received
05/14/2014 - Email notificatiion of mailing of Bio-metrics letter
05/19/2014 - Bio-metrics appt letter rec'd (scheduled for 06/06/14)
06/06/2014 - Bio-metrics done
06/07/2014 - Received yellow letter from USCIS indicating to bring 3 years transcript & my passports
06/10/2014 - In line for Interview
09/30/2014 - Case status change to scheduled for interview
10/07/2014 - Interview letter rec'd (interview on 11/06/14)
12/04/2014 - Oath Letter Received (Oath on 12/9/2014)
12/11/2014 - Received US Passport (Applied on 12/10) :dancing:
IR-5 for My Mother
USCIS
02/21/2015 I-130 sent to USCIS
03/03/2015 NOA I
08/14/2015 NOA 2 I-130 approved
08/25/2015 - Case sent to NVC
NVC
09/11/2015 - case# and invoice# received in mail
09/13/2015 DS-261 completed online ($120 Paid)
9/16/2015 AOS Fees status updated to PAID
10/05/2015 IV Fees status updated to PAID
10/09/2015 Documents mailed to NVC
10/13/2015 - Received Document receipt notice from NVC via email
11/27/2015 - Received Checklist via email
01/09/2016 - Received confirmation of checklist document receipt
02/10/2016 - Received Interview Letter via email (03/23/2016)
3/23/2016 - Approved (received sealed package on Mar 31st from different office)

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