I-864 with good job but misleading tax returns

[AmericanWithChina 0]

I am petitioning for my wife and I need to send the I-864 affidavit of support. I make much more than the 125% poverty requirement. Here's the problem. I graduated from college late last year and began my job in October 2011. Therefore my latest tax return shows I only made about $10k which is not enough, but obviously I was only working for about 2.5 months of the whole year due to my being in school. Before this I had zero income and no tax returns as a student. Now my wife is worried I will be rejected for not making enough even though in reality I make more than enough. I can get pay stubs and proof of employment letters showing my wage and 2012 earnings to date, but my wife says this won't matter since they will first look at the tax returns, immediately disqualify me, and not proceed any further. So what do you think? Will I really get rejected even though I make more than the minimum requirement but my tax returns don't reflect it? Do I really need a joint sponsor or should I not worry about it?

[Darnell 8,480]

I suggest a joint sponser / co-sponser, just to cover yer backside.

Also, please consider to OPT IN to the NVC Electronic Processing program.

[pushbrk 14,048]

I am petitioning for my wife and I need to send the I-864 affidavit of support. I make much more than the 125% poverty requirement. Here's the problem. I graduated from college late last year and began my job in October 2011. Therefore my latest tax return shows I only made about $10k which is not enough, but obviously I was only working for about 2.5 months of the whole year due to my being in school. Before this I had zero income and no tax returns as a student. Now my wife is worried I will be rejected for not making enough even though in reality I make more than enough. I can get pay stubs and proof of employment letters showing my wage and 2012 earnings to date, but my wife says this won't matter since they will first look at the tax returns, immediately disqualify me, and not proceed any further. So what do you think? Will I really get rejected even though I make more than the minimum requirement but my tax returns don't reflect it? Do I really need a joint sponsor or should I not worry about it?

Your wife is wrong. Current income is what qualifies you. You could add a note if you want about being in school and starting a good job ten months ago. State your "current income" from your job. Even though you probably could use the I-864EZ, I recommend the I-864 for you. It will show your current income amount in three places before they even get to the prior years. EZ only shows it once.

Use a current pay stub from your job to document your current income and if it's not too much trouble use and employer letter too. What may well happen is NVC will look at the tax information and send you a letter saying your tax returns don't meet the minimum but that the determination is up to the Consular Officer. They would do this even if your income was low and you showed a million in liquid assets. Don't worry about that letter. Consular Officers are the ones that make the public charge decision and they will understand you went from student to well employed about a year before the interview. You could email an even more recent pay stub to your spouse just before the interview, so she can show you are still employed.

A joint sponsor would be belt and suspenders, but if you're that kind of guy, go for it.

[bigdog 377]

I agree with my senior members, good luck.

[dwheels76 5,487]

Your wife is wrong. Current income is what qualifies you. You could add a note if you want about being in school and starting a good job ten months ago. State your "current income" from your job. Even though you probably could use the I-864EZ, I recommend the I-864 for you. It will show your current income amount in three places before they even get to the prior years. EZ only shows it once.

Pushbrk thank you very much for this. I sure didn't even realize that eyeopening fact. Because I am in the same boat. So thank you. And yes sure looks much better seeing that 3 times so soften the blow.

Much appreciated. And I was getting ready to send in AOS on monday. Phew.