Affidavit of Support

[raid456 2]

Hi,
Hoping someone could shed some light on the Affidavit of Support.
My wife (US Citizen) is sponsoring me.
She just started working 7 months ago. I see that the AOS form asks for copies of 3 years of income tax return.

Do you need to meet the minimum poverty level requirement for all those year? (i.e her income was 0 for the 2 years before and she just started to earn income in july 2013).

What if she only has income tax return form for last year?

Thanks

[Ryan H 3,834]

Meeting the threshold is not a guarantee of approval without a joint sponsor; the CO has complete and total discretion when determining the likely to become a public charge question.

Tax transcripts can be used in lieu of return forms and they are available online from the IRS website.

[gwenstar 66]

If there are years she did not file (because she was not working) there would need to be an explanation as to why she was not required to file taxes for those years...student, unemployed, etc.

As far as I know, you do not have to meet the poverty requirements in the previous years, but need to prove that currently she is meeting those requirements. However, if you have a co-sponsor that would be ideal since there is not much history of income. It may depend on what her total income was for 2013 - for instance even if she only worked a partial year if it was above the poverty requirements and she is continuing to work, that is positive.

If she has not already filed for 2013, she should take care of that. Once that is filed you can get tax transcripts from the IRS website - those are better to use than sending in the W2/Tax return. http://www.irs.gov/Individuals/Copies-of-Prior-Year-Federal-Tax-Returns-and-or-a-Transcript

To prove her current income you would definitely want to make sure that she has paystubs to show her current income as well as a letter from her employer (once it gets closer to filing to I-864) that states her salary, position, hire date and so forth.

[mtlguy 59]

you can always use your assets to supplement any deficit in her income.