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Support Affidavit and AOS

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Filed: Timeline

So my wife came on a K-1 and Im about to start her AOS process. My question is this, I filed for an extension on my 2011 taxes and they're due now, it turns out that due to deductions etc I wont owe any tax

and it will be under the poverty line. I have 2 pieces of property and my gross is obviously not below the poverty line, neither of us is on any sort of government assistance.

Anyway, my question is how strict are they with the income amount or can a support affidavit just be filled out for me, I dont want the adjustment status to be rejected for this reason. But I also wonder what could they do? I mean

shes already here and we're legally married. Is the support affidavit more of a promise or??? Can someone shed some light on this for me???

Thanks!

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Filed: Citizen (apr) Country: Mexico
Timeline

So my wife came on a K-1 and Im about to start her AOS process. My question is this, I filed for an extension on my 2011 taxes and they're due now, it turns out that due to deductions etc I wont owe any tax

and it will be under the poverty line. I have 2 pieces of property and my gross is obviously not below the poverty line, neither of us is on any sort of government assistance.

Anyway, my question is how strict are they with the income amount or can a support affidavit just be filled out for me, I dont want the adjustment status to be rejected for this reason. But I also wonder what could they do? I mean

shes already here and we're legally married. Is the support affidavit more of a promise or??? Can someone shed some light on this for me???

Thanks!

You must fill out an I-864 in order for her to adjust status and receive her green card(permanent residency). It is a legally binding contract between the USC sponsor and the government. You must meet the 125% income requirement for your household size plus the intending immigrant with income or income plus assets or find a joint sponsor. See the I-864 instructions for household count and how to use assets to make up a shortfall in income.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: Timeline

You must fill out an I-864 in order for her to adjust status and receive her green card(permanent residency). It is a legally binding contract between the USC sponsor and the government. You must meet the 125% income requirement for your household size plus the intending immigrant with income or income plus assets or find a joint sponsor. See the I-864 instructions for household count and how to use assets to make up a shortfall in income.

Do they only require the previous years filing or is it multiple years?

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Filed: Citizen (apr) Country: Mexico
Timeline

Do they only require the previous years filing or is it multiple years?

You must list the income from the last 3 years of tax returns on the I-864, but it is only required to send in a copy of the most recent tax transcript.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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