Recent tax year on the date of filing AOS and on the interview... different?

[Scarlet_ 0]

Hello guys. Im kind of confused here.. Please help!

my husband and I filed our AOS based on K1 visa on dec of 2012. During that time, the most recent tax year that we can provide is the ITR for 2011. His ITR for 2011 is above the poverty level.... Now since Our interview would be like in May or June, and the filing for 2012 taxes will be over that time, do you think the CO on the interview would also take note of my husband's (petitioner) 2012 ITR? our problem is his income fell down below the poverty line this 2012. SO if the CO would ask for the 2012 ITR, we'll be in trouble. But I started working now just this 2013 so I am hoping my income would help.

I previously thought its the 2011 ITR thats importatnt since it was the latest ITR on the time my husband signed the I 864 and sent the AOS packet.. But now, Im not so sure.. I hope you guys can help me. Ty

Edited April 13, 2013 by Scarlet_

[Inky 1,110]

Its highly likely if your interview is after April 15th to be requested to provide the current year 2012 tax return. You may want to line up a co-sponsor just in case they do request the 2012 from you so you have that ready.

[Scarlet_ 0]

do you think we will still need a co sponsor though I have a job already? thanks

[Nich-Nick 3,353]

Hello guys. Im kind of confused here.. Please help!

my husband and I filed our AOS based on K1 visa on dec of 2012. During that time, the most recent tax year that we can provide is the ITR for 2011. His ITR for 2011 is above the poverty level.... Now since Our interview would be like in May or June, and the filing for 2012 taxes will be over that time, do you think the CO on the interview would also take note of my husband's (petitioner) 2012 ITR? our problem is his income fell down below the poverty line this 2012. SO if the CO would ask for the 2012 ITR, we'll be in trouble. But I started working now just this 2013 so I am hoping my income would help.

I previously thought its the 2011 ITR thats importatnt since it was the latest ITR on the time my husband signed the I 864 and sent the AOS packet.. But now, Im not so sure.. I hope you guys can help me. Ty

Here's something from the USCIS on the topic.

A n Affidavit of Support must be sufficient both at the time the adjustment of status application is filed and at the time the adjustment application is adjudicated.

USCIS has determined that an Affidavit of Support is generally sufficient at the time of the adjudication if it was sufficient at the time it was filed with the Form I-485

. That is, if the Form I-864 was sufficient when the sponsored immigrant filed the Form I-864 with the adjustment application, USCIS will generally infer from that finding that the alien is not inadmissible under section 212(a)(4) of the Act as of the date of adjudication. In particular, if the sponsor’s Federal income tax return shows an income that was at least 125% (or 100% as applicable) of the governing Poverty Guideline for the year the Form I-864 was filed with the sponsored immigrant’s adjustment application, USCIS will generally infer that the sponsor’s income has remained and will remain sufficient at the time of adjudication.

Therefore, if the Form I-864 was sufficient at the time it was filed with the Form I-485, USCIS should not request any further documentation (e.g., more recent evidence of employment or income) unless more than one year has elapsed since the Form I-864 was submitted and there is a specific reason (other than the passage of time) to question whether the evidence of income is no longer reliable.

Recent practice has been for the Form I-864 to be vetted at the National Benefits Center as part of the process of preparing the Form I-485 for adjudication. If the

NBC

vetting process indicates that the Form I-864 was sufficient when reviewed, an adjudicator may generally rely on that determination, unless it is determined, on the basis of specific reasons, that a request for evidence is appropriate, as outlined in paragraph 20.5(e)(2).

All that indicates you may not be asked, but be prepared with 2012 and proof of your employment and income.

[bigdog 376]

Take a letter from your current employer, stating annual salary, you are a valued employee etc. should work. Maybe a copy of your 2012 or transcript also.

Edited April 13, 2013 by bigdog

[Scarlet_ 0]

Here's something from the USCIS on the topic.

A n Affidavit of Support must be sufficient both at the time the adjustment of status application is filed and at the time the adjustment application is adjudicated.

USCIS has determined that an Affidavit of Support is generally sufficient at the time of the adjudication if it was sufficient at the time it was filed with the Form I-485

. That is, if the Form I-864 was sufficient when the sponsored immigrant filed the Form I-864 with the adjustment application, USCIS will generally infer from that finding that the alien is not inadmissible under section 212(a)(4) of the Act as of the date of adjudication. In particular, if the sponsor’s Federal income tax return shows an income that was at least 125% (or 100% as applicable) of the governing Poverty Guideline for the year the Form I-864 was filed with the sponsored immigrant’s adjustment application, USCIS will generally infer that the sponsor’s income has remained and will remain sufficient at the time of adjudication.

Therefore, if the Form I-864 was sufficient at the time it was filed with the Form I-485, USCIS should not request any further documentation (e.g., more recent evidence of employment or income) unless more than one year has elapsed since the Form I-864 was submitted and there is a specific reason (other than the passage of time) to question whether the evidence of income is no longer reliable.

Recent practice has been for the Form I-864 to be vetted at the National Benefits Center as part of the process of preparing the Form I-485 for adjudication. If the

NBC

vetting process indicates that the Form I-864 was sufficient when reviewed, an adjudicator may generally rely on that determination, unless it is determined, on the basis of specific reasons, that a request for evidence is appropriate, as outlined in paragraph 20.5(e)(2).

All that indicates you may not be asked, but be prepared with 2012 and proof of your employment and income.

Thank you!! That's what I thought too. So you think we dont need a co sponsor? I personally doubt that we would still need one since Im now working and I think they would ask for the 2012 tax return just to make sure my husband ( the sponsor) is filing taxes. What do you think? Im still a little confused. Thanks for your help!

Take a letter from your current employer, stating annual salary, you are a valued employee etc. should work. Maybe a copy of your 2012 or transcript also.

So no need for a co sponsor? Thank you very much!

[Nich-Nick 3,353]

I think they would ask for the 2012 tax return just to make sure my husband ( the sponsor) is filing taxes. What do you think? Im still a little confused.

They aren't the IRS, so aren't policing tax filing. In this case, they need to know your husband makes enough to keep you off needing support from the government. According to their own documentation, just because time has passed since you filed the I-864 is not a reason to doubt that you are no longer eligible.

Edited April 13, 2013 by Nich-Nick