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Hello,

I am at the point where I am filling out the AOS for my spouse. It asks for your adjusted gross income for the 3 most recent tax years. I know that in order to meet the income requirements, your income must be 125% of the poverty level. I meet this for the most recent tax year. But for the 2nd and 3rd most recent tax year, I was living and working abroad and so even though my income on my tax returns is above the poverty level, my adjusted gross income is $0 because I did not have any income earned in the US and therefor did not need to pay taxes on it. Do I have to meet the income requirement for all three years? Or just the most recent tax year?

I'm wondering if that is going to go against me because according to just the AOS form, it looks like I had $0 income for 2nd and 3rd most recent years. Or, since my most recent tax year fulfills the requirement, will that be enough?

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I believe that it will be enough, but I'm curious what others will say. We had a very similar circumstance, but we're still waiting on the adjudication of our AOS application. However, that one year's AGI has been sufficient to get us through the EAD/AP stage, and we haven't received an RFE for it yet.

We also included a letter from my employee and the past six months' pay stubs.


2015-01-09 mailed AoS package

2015-01-15 e-notification received

2015-01-16 NOA Date

2015-02-04 biometric appointment

2015-03-04 EAD/AP approval email

2015-03-11 EAD mailed

2015-03-16 EAD/AP combo card received


2015-03-26 Interview scheduled online

2015-04-28 Approved for GC at AOS interview

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My husband and I were approved through DCF in Guangzhou, China in January. At the interview my husband gave my tax filings from 2011, 2012, and 2013 that were all from me working in China. Each year was above the poverty level in USD with AGI of $0. We also provided 12 months of bank statements from my US account and his China account that showed cash of about $70,000 USD. All of this was on our lawyers advice.

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