AOS forms

[katieflossom 54]

Hi everyone - trying to be positive whilst waiting for the elusive NOA2 (!), and get our ducks in a row for the affidavit of support portion. We will need a co-sponsor as my USC hubby didn't file last year.

My question is - I have read of people being asked for these forms at their Embassy interview, but my understanding was that they all get sent off to the NVC? Do you just have to keep a copy to take along to your embassy interview with you?

Also do most people send their NVC packets off as the beneficiary, or is it still advisable to get your USC spouse to take control of these next steps and send off the forms etc from the USA?

Thanks in advance

[cathy2904 97]

K1 applicants take the AOS forms to the interview. Yours will be sent to NVC. I was lucky that my husband happened to be with me in the UK when our NOA2 arrived so I got all the NVC stuff ready and he took it back with him to post when it was needed. I'm not sure I would have wanted to trust my original documents to international mail. I still went through it all with him again before he actually sent it off.

I took a copy of everything to the interview but I wasn't asked for anything.

Good luck and hope you hear something soon.

[katieflossom 54]

Thanks Cathy!

I was thinking of getting my USC hubby to do all the mailing at the next stage, but was unsure if I need to sign certain forms and how that would work if we are apart...if I have to sign and send to him in the USA anyways, then I may as well mail them directly to NVC? (Bit confused!)

[stevie b 141]

Thanks Cathy!

I was thinking of getting my USC hubby to do all the mailing at the next stage, but was unsure if I need to sign certain forms and how that would work if we are apart...if I have to sign and send to him in the USA anyways, then I may as well mail them directly to NVC? (Bit confused!)

you don't have a thing to sign at nvc any more with it all being online now

you will be sending a hard copy original of your birth cert plus a copy to the nvc as well as an original plus a copy of marriage certification/license.

copies of everything else is fine

take a while reading through the various nvc threads for more info

[Nich-Nick 3,354]

Katie---a reminder:

Keep a photocopy of your police certificate to show at your medical exam before you send your things to NVC.

Also, you know your husband is required to submit a 2012 tax return or a written (legal) reason why he was not required to file? It sounded in the way you wrote it above that not filing is why you need a joint sponsor. No current income or job now is a reason for a joint sponsor.

(Bleh...what I just wrote is as confusing.)

Does he have a job now?

Is the reason for no tax return because he didn't have a job in 2012?

[katieflossom 54]

Katie---a reminder:

Keep a photocopy of your police certificate to show at your medical exam before you send your things to NVC.

Also, you know your husband is required to submit a 2012 tax return or a written (legal) reason why he was not required to file? It sounded in the way you wrote it above that not filing is why you need a joint sponsor. No current income or job now is a reason for a joint sponsor.

(Bleh...what I just wrote is as confusing.)

Does he have a job now?

Is the reason for no tax return because he didn't have a job in 2012?

So my USC hubby didn't file 2012 taxes as he was with me in the UK for most of that year not working (or earning.) He returned to the USA and now has his old job back (the job he filled both his 2010 and 2011 taxes for, so we can provide evidence those years.) But we need a joint sponsor due to him not filing taxes in 2012.

We can prove his earnings now though, and will do with pay stubs, but we have got a joint sponsor lined up and ready due to the lack of filing in 2012 (and will explain all this in the packet.)

[katieflossom 54]

I'm worried now, have we got this all wrong?!

[katieflossom 54]

Katie---a reminder:

Keep a photocopy of your police certificate to show at your medical exam before you send your things to NVC.

Also, you know your husband is required to submit a 2012 tax return or a written (legal) reason why he was not required to file? It sounded in the way you wrote it above that not filing is why you need a joint sponsor. No current income or job now is a reason for a joint sponsor.

(Bleh...what I just wrote is as confusing.)

Does he have a job now?

Is the reason for no tax return because he didn't have a job in 2012?

You were actually already a super help to me when I originally asked about this a few months ago (see thread here: http://www.visajourney.com/forums/topic/436626-i-864-didnt-file-most-recent-taxes/#entry6305085) so hopefully your advice still stands?

Argh it's all so confusing!!

[Nich-Nick 3,354]

Does his current income exceed the threshhold $19387?

For example if he makes right now $2000/month then he lists his current income as $24,000/year.

If he can prove that with an employer letter and pay stubs, you qualify without a joint sponsor.

Part of filing a form I-864 which he must do, with or without a joint sponsor, is send a copy of his 2012 tax return or a reason why he was not required to file.

His requirement to file taxes--depends on a his income for the year 2012 prior to quitting his job. As a single person in 2012, if he earned less than $9750 then no filing required. His statement will go with the I-864 in the place where he he would normally put the tax return.

--------------------

STATEMENT OF NON-FILING 2012 TAX RETURN

In 2012, I earned only $1234.56 because I was out of the country for 8 months and unemployed during the time away. I was below the income threshhold of $9750 required for filing a 2012 tax return.

Name, signature, date

------------

That takes care of no tax return to send (with or without a joint sponsor).

Side note: If he worked a job any part of 2012 and had federal taxes withheld by his employer which is a normal thing when you are employed, then he threw that withheld money away. If he files a tax return, he will get that money back because he has no tax if his year's earnings were under $9750. So the money held out to pay his tax bill is refunded.

Edited September 16, 2013 by Nich-Nick

[katieflossom 54]

Does his current income exceed the threshhold $19387?

For example if he makes right now $2000/month then he lists his current income as $24,000/year.

If he can prove that with an employer letter and pay stubs, you qualify without a joint sponsor.

Part of filing a form I-864 which he must do, with or without a joint sponsor, is send a copy of his 2012 tax return or a reason why he was not required to file.

His requirement to file taxes--depends on a his income for the year 2012 prior to quitting his job. As a single person in 2012, if he earned less than $9750 then no filing required. His statement will go with the I-864 in the place where he he would normally put the tax return.

--------------------

STATEMENT OF NON-FILING 2012 TAX RETURN

In 2012, I earned only $1234.56 because I was out of the country for 8 months and unemployed during the time away. I was below the income threshhold of $9750 required for filing a 2012 tax return.

Name, signature, date

------------

That takes care of no tax return to send (with or without a joint sponsor).

Side note: If he worked a job any part of 2012 and had federal taxes withheld by his employer which is a normal thing when you are employed, then he threw that withheld money away. If he files a tax return, he will get that money back because he has no tax if his year's earnings were under $9750. So the money held out to pay his tax bill is refunded.

Nick, you are such a superstar, you make so much sense - thank you.

Skyping with the hubby later, so will check in exactly what his pay stubs read and what it works out as p/a. That would be great if his income meets the requirements already, but we luckily have a co-sponsor lined up just in case.

Now just need that bloomin NOA2 to gets it's wriggle on...

[katieflossom 54]

Does his current income exceed the threshhold $19387?

For example if he makes right now $2000/month then he lists his current income as $24,000/year.

If he can prove that with an employer letter and pay stubs, you qualify without a joint sponsor.

Part of filing a form I-864 which he must do, with or without a joint sponsor, is send a copy of his 2012 tax return or a reason why he was not required to file.

His requirement to file taxes--depends on a his income for the year 2012 prior to quitting his job. As a single person in 2012, if he earned less than $9750 then no filing required. His statement will go with the I-864 in the place where he he would normally put the tax return.

--------------------

STATEMENT OF NON-FILING 2012 TAX RETURN

In 2012, I earned only $1234.56 because I was out of the country for 8 months and unemployed during the time away. I was below the income threshhold of $9750 required for filing a 2012 tax return.

Name, signature, date

------------

That takes care of no tax return to send (with or without a joint sponsor).

Side note: If he worked a job any part of 2012 and had federal taxes withheld by his employer which is a normal thing when you are employed, then he threw that withheld money away. If he files a tax return, he will get that money back because he has no tax if his year's earnings were under $9750. So the money held out to pay his tax bill is refunded.

So the bad news is that my hubby is slightly under the threshold.... BUT the good news is, he just got a pay rise which is taking him over it, yay!

Sooooo do you think that if we showed payslips from both when he is under and over the threshold he'd still qualify as a sponsor (without needing a joint one?) Hopefully it will show more longevity in the role by him getting a pay rise - What do you reckon?

[Nich-Nick 3,354]

So the bad news is that my hubby is slightly under the threshold.... BUT the good news is, he just got a pay rise which is taking him over it, yay!

Sooooo do you think that if we showed payslips from both when he is under and over the threshold he'd still qualify as a sponsor (without needing a joint one?) Hopefully it will show more longevity in the role by him getting a pay rise - What do you reckon?

Nobody can get in the head of the adjudicator so hard to say yes or no. In theory--yes it should work. Can he also get a good employer letter that says he is employed since [date] and was given a raise on [date] bringing his salary up to $xxxxxx.xx per year? Do either of you have any cash savings to add to the pot?

[katieflossom 54]

Nobody can get in the head of the adjudicator so hard to say yes or no. In theory--yes it should work. Can he also get a good employer letter that says he is employed since [date] and was given a raise on [date] bringing his salary up to $xxxxxx.xx per year? Do either of you have any cash savings to add to the pot?

Yes he'll be able to get a good employers letter, plus he has shares in the company so hopefully that will look favourable too.

I'll only have about £3k savings, so nothing as big as what they are looking for. But least we have a back-up co-sponsor if needs be.

Thank you for the advice, it's much appreciated

[Nich-Nick 3,354]

Yes he'll be able to get a good employers letter, plus he has shares in the company so hopefully that will look favourable too.

I'll only have about £3k savings, so nothing as big as what they are looking for. But least we have a back-up co-sponsor if needs be.

Thank you for the advice, it's much appreciated

£3k is $4800. That makes up for $1600 salary shortfall. Take proof. Any extra money is a good thing when you are close to the line.