Affidavit of support - Current gross income

[Greenhouse 0]

Hello everyone!

My husband (US citizen) has lived outside the US for more than 15 years. We are in the VI since Dec 2014 and we are applying for my GC. I am currently on a visitor visa. We are having major issues with the I-864.

He hasn't filed US taxes and we went to see an accountant to backfile the taxes for 2012, 2013 and for 2014. He was unemployed for 2012, so gross income will be $0, in 2013 he made about $20 000 and for 2014, $10 000 (abroad) + $ 1200 for a week of salary in the VI when he started working. For 2015, he will make about $50 000, which is above poverty level. Will the NVC be difficult about this AOS because of his previous income which was at a time, below poverty level? Or will they look just at his current gross income? Can an immigration officer see me as a potential public charge?

For 2 months we have been asking friends and families to be my joint sponsor but no one wants to take the risk. Unfortunately, that option can't be considered. I will have to return to my country in July and I hope to send the application before that. I have also applied for i-131 to allow me to enter the US when I travel.

I hope someone can give me some advice or share with me your experience about this subject

Thanks!

[Dualie 185]

Hello everyone!

My husband (US citizen) has lived outside the US for more than 15 years. We are in the VI since Dec 2014 and we are applying for my GC. I am currently on a visitor visa. We are having major issues with the I-864.

He hasn't filed US taxes and we went to see an accountant to backfile the taxes for 2012, 2013 and for 2014. He was unemployed for 2012, so gross income will be $0, in 2013 he made about $20 000 and for 2014, $10 000 (abroad) + $ 1200 for a week of salary in the VI when he started working. For 2015, he will make about $50 000, which is above poverty level. Will the NVC be difficult about this AOS because of his previous income which was at a time, below poverty level? Or will they look just at his current gross income? Can an immigration officer see me as a potential public charge?

For 2 months we have been asking friends and families to be my joint sponsor but no one wants to take the risk. Unfortunately, that option can't be considered. I will have to return to my country in July and I hope to send the application before that. I have also applied for i-131 to allow me to enter the US when I travel.

I hope someone can give me some advice or share with me your experience about this subject

Thanks!

They will not consider projected income, that is why they ask for income tax files from the three previous years. A joint sponsor is your only option if you want to file this soon, unless he has you and he have assets. Otherwise I am afraid you will have to wait until next year.

Now, someone else on this forum may know more than I do, but this is how I understand AOS works. You may have to wait until the next taxation year if you can't find a joint sponsor. Good luck.

Edited March 14, 2015 by Dualie

[Dualie 185]

Sorry, I couldn't edit my post a second time. I must be tired...I meant to say above that unless you and he have assets, you will need a joint sponsor. Otherwise you will have to wait until this time next year. Maybe someone else here may know more, but I don't think there is another way around it. Good luck!

[Greenhouse 0]

Thanks for the information! Don't worry, it happened to me too, no harm done ?

So basically if 2014 income was above poverty level, regardless of 2012 and 2013, there would be no problem? Even if the income was foreign?

[KayDeeCee 4,892]

They will not consider projected income, that is why they ask for income tax files from the three previous years. A joint sponsor is your only option if you want to file this soon, unless he has you and he have assets. Otherwise I am afraid you will have to wait until next year.

Now, someone else on this forum may know more than I do, but this is how I understand AOS works. You may have to wait until the next taxation year if you can't find a joint sponsor. Good luck.

This is not correct. Current annual income is what you make currently, and is basically a projection of what you earn in an entire year's time frame. It is not about past income shown on a tax form only, unless you are self-employed.

OP> If you are filing for AOS(adjustment of status) within the US, then you will deal with the USCIS and not the NVC. You need to list the last 3 year's Total Income(line 22 of the 1040) on the I-864 where it asks, and submit only the most recent complete tax return or IRS tax return transcript. For current annual income, if you are an employee, you take your hourly rate multiplied by hours worked each week, and then multiply the weekly rate by 52 weeks. That is what you list as your current annual income where it asks on the form. This is a separate question and section on the form from the tax information. You will supply a letter from employer and/or recent pay stubs to prove the income amount you list.

They will take into account the totality of your case. He was living abroad, and is now in the US and has a job here. Even though foreign income is not considered, they can still see he was employed and earning above the income requirement, which will go towards showing stable, ongoing income. Even better if he started his current employment back in 2014, and if your household size is only 2, then he is well above the income requirement. The job is new, seems like 4 months?, but I would go ahead and file with what you have. If they do not accept it, then they will send you an RFE, and then you can provide a joint sponsor at that time, if needed. Hopefully you will be okay without one.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[Greenhouse 0]

Thank for the reply Jay-Kay. I'm relieved... There is still hope if they examine mainly his current income and not what he made the last three years ?

I will get his 1040 next week, by then, I should be able to fill the form with the help of your instructions. You understood the situation correctly. He was living abroad and we came in the VI when he got a job. It's been almost 4 months. I should have submitted the application 2 months ago but the AOS stopped us because of his missing tax returns. A joint sponsor would have strengthen our case but no one wants to take the risk. We have been here for a short time and we don't have close friends. We also don't have assets that we can use in the AOS.

I just hope that his previous foreign income and his current job will be enough for the USCIS.

[Dualie 185]

This is not correct. Current annual income is what you make currently, and is basically a projection of what you earn in an entire year's time frame. It is not about past income shown on a tax form only, unless you are self-employed.

OP> If you are filing for AOS(adjustment of status) within the US, then you will deal with the USCIS and not the NVC. You need to list the last 3 year's Total Income(line 22 of the 1040) on the I-864 where it asks, and submit only the most recent complete tax return or IRS tax return transcript. For current annual income, if you are an employee, you take your hourly rate multiplied by hours worked each week, and then multiply the weekly rate by 52 weeks. That is what you list as your current annual income where it asks on the form. This is a separate question and section on the form from the tax information. You will supply a letter from employer and/or recent pay stubs to prove the income amount you list.

They will take into account the totality of your case. He was living abroad, and is now in the US and has a job here. Even though foreign income is not considered, they can still see he was employed and earning above the income requirement, which will go towards showing stable, ongoing income. Even better if he started his current employment back in 2014, and if your household size is only 2, then he is well above the income requirement. The job is new, seems like 4 months?, but I would go ahead and file with what you have. If they do not accept it, then they will send you an RFE, and then you can provide a joint sponsor at that time, if needed. Hopefully you will be okay without one.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

Thank you KayDeeCee, for correcting me. I don't generally post unless I am sure of what I am saying, and always welcome correction. That's how I learn! OP, I am happy to know you have the options you are hoping for! Peace all

[Greenhouse 0]

Thanks Dualie! I hope it is going to work. I should get the tax returns in a few days.

[Anh map 2,098]

Current and continuing income is your strongest card. Show paystubs along with an employer letter to support the income claim.

[Greenhouse 0]

Thanks! I feel more confident now about my case.

[Greenhouse 0]

This is not correct. Current annual income is what you make currently, and is basically a projection of what you earn in an entire year's time frame. It is not about past income shown on a tax form only, unless you are self-employed.

OP> If you are filing for AOS(adjustment of status) within the US, then you will deal with the USCIS and not the NVC. You need to list the last 3 year's Total Income(line 22 of the 1040) on the I-864 where it asks, and submit only the most recent complete tax return or IRS tax return transcript. For current annual income, if you are an employee, you take your hourly rate multiplied by hours worked each week, and then multiply the weekly rate by 52 weeks. That is what you list as your current annual income where it asks on the form. This is a separate question and section on the form from the tax information. You will supply a letter from employer and/or recent pay stubs to prove the income amount you list.

They will take into account the totality of your case. He was living abroad, and is now in the US and has a job here. Even though foreign income is not considered, they can still see he was employed and earning above the income requirement, which will go towards showing stable, ongoing income. Even better if he started his current employment back in 2014, and if your household size is only 2, then he is well above the income requirement. The job is new, seems like 4 months?, but I would go ahead and file with what you have. If they do not accept it, then they will send you an RFE, and then you can provide a joint sponsor at that time, if needed. Hopefully you will be okay without one.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

Hello KayDeeCee,

After the foreign earned income exclusion from Form 2555EZ, the total income will be $0 in 1040. So for the last three years, the income would be $0... Is that bad?