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Lettyana

Confused with I-864

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Hi,

we are completely confused with the Affidavit of support. I'm a foreigner, my husband wants to be my sponsor, but he didn't work for about 1.5 year and the tax returns for 2011,2012 are way lower that USCIS requires. However he is working now and his estimated income more than the minimum. So will he be able to be my sponsor based on his estimated income? (we have the letter from his work and pay stubs also)

Thank you so much.


___ROC___

Spoiler

June 13, 2017 I-751 Package sent

June 15, 2017 Package delivered to VSC

June 20, 2017 Check cashed

June 22, 2017 NOA-1 received (dated June 16th)

July 7, 2017    Biometrics Appointment letter received

July 20, 2017  Biometrics done

August 6, 2018 "New Card is being produced" 

August 9, 2018 "Card was mailed to you" 

August 11, 2018 New card was delivered to an old address by USCIS's mistake

August 13, 2018 Brother-in-law went to our old residence to pick up a card from the current residents

August 16, 2018 Card was mailed to me 

August 18, 2018 10-year Green Card received 

6

 

 

___AOS___

Spoiler

March 3, 2015 AOS (I-485, I-130 & I-765) package sent to Chicago Lockbox
March 6, 2015, The package delivered to Chicago Lockbox
March 12, 2015, AOS package was accepted on March 9th and was routed to National Benefits Center
March 17, 2015, Hard copies of NOA1 received for all the forms
March 20, 2015, Biometrics letter received with the appointment on April 3
March 28, 2015, Email notification for I-485 RFE received
April 3, 2015, Successful biometrics
April 3, 2015, Hard copy of RFE received
April 17, 2015, RFE respond sent
April 22, 2015, RFE response received by USCIS
May 20, 2015, EAD approved
May 26, 2015, Hard copy of NOA2 for I-765 received
May 27, 2015, EAD was mailed to me
May 29, 2015, EAD received
June 15, 2015, Hard copy of NOA2 for I-485 received. Interview scheduled on July 21
June 18, 2015, Interview was canceled
June 27, 2015, Hard copy of NOA2 received. New interview date is July 27
July 27, 2015, Interview completed. Approved on the spot
July 28, 2015, Got texts and emails for case updates. Form I-130: the petition was approved. Form I-485: new card has been ordered and welcome notice was mailed
August 3, 2015, Welcome notice and NOA2 for I-130 received
August 20, 2015, Email notification "Card has been mailed"
August 22, 2015, Green Card received

 

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Hi,

we are completely confused with the Affidavit of support. I'm a foreigner, my husband wants to be my sponsor, but he didn't work for about 1.5 year and the tax returns for 2011,2012 are way lower that USCIS requires. However he is working now and his estimated income more than the minimum. So will he be able to be my sponsor based on his estimated income? (we have the letter from his work and pay stubs also)

Thank you so much.

The USCIS wants to see CURRENT income above the 125% of the poverty level. A letter for the employer and pay stubs that shows pay frequency and amount is enough evidence to prove this. Just convert it into a yearly amount and compare it to the guideline level. All the income tax requirement does is 1) show income history, and 2) that the USC is filing their taxes and complying with the law.

Your husband is the sponsor whether he makes enough or not--i.e. he MUST complete the I-864 regardless. The question that comes in is whether he is the only sponsor.

Good luck,

Dave

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