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Filed: Timeline
Posted (edited)

Hi, everyone! I am new here, my husband (petition) apply CR1 visa for me, now we are waiting for NOA2 in TSC about 5 months untill now. We try to prepare the AOS package documents so that can save time in NVC.

Our household size is 2, the 125% poverty line is 19912 in 2015, but his annual salary for current job only about 18000 because he just changed a new job in this year, the salary is much lower than last job, so the current annual salary is below poverty line. But he rent out house to tenant, can get rent from them every month, sometimes they pay by cash. So he get two income, one is salary, another one is rental income. Besides, his last 3 years tax are all over the 125% poverty line, so we don't need the use asset or joint sponsor to supplement income.

My questions are below:

1) Is it a problem to supply his pay stub and employment letter with that salary lower than 125% poverty line?

2) Can we supply the house grand deed and tenant lease only to prove he also get rent income ?

3) If we supply the lately 6 months bank statement, is there any rules about how much money should save in bank ? The bank statement is about checking account or saving account ?

4) Do we use the I864 or I864EZ ?

Thanks for your review my questions in advance, hope you can help me. I will be much appreciated!

Edited by Lannna
Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

You would need to show documentation of the claimed rental income. Lease, receipts, etc.

If he has been renting the house for a long time does that rental income show up on past tax returns? If yes, that will add more weight to the income claim.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: Timeline
Posted

 

You would need to show documentation of the claimed rental income. Lease, receipts, etc.

If he has been renting the house for a long time does that rental income show up on past tax returns? If yes, that will add more weight to the income claim.

 

Thank you for your answer, he has been renting house for several years and it is show on past tax return. But some rent is pay by cash, it doesn't go through bank, so his bank account doesn't have much money, how much money in bank do NVC request ? By the way, please help me answer do we need to file the I864 or I864EZ ?

Filed: Timeline
Posted

Your best option is to get Joint Sponsor.

Thank you for your quick response. It's hard and troublesome for us to find a joint sponsor, his last 3 years tax are all over poverty line, only the current year salary isn't enough, but it's enough if the rental income also count. Just worrying about the current year income.

Filed: AOS (pnd) Country: China
Timeline
Posted (edited)

Hi, everyone! I am new here, my husband (petition) apply CR1 visa for me, now we are waiting for NOA2 in TSC about 5 months untill now. We try to prepare the AOS package documents so that can save time in NVC.

Our household size is 2, the 125% poverty line is 19912 in 2015, but his annual salary for current job only about 18000 because he just changed a new job in this year, the salary is much lower than last job, so the current annual salary is below poverty line. But he rent out house to tenant, can get rent from them every month, sometimes they pay by cash. So he get two income, one is salary, another one is rental income. Besides, his last 3 years tax are all over the 125% poverty line, so we don't need the use asset or joint sponsor to supplement income.

My questions are below:

1) Is it a problem to supply his pay stub and employment letter with that salary lower than 125% poverty line?

==> Yes, obviously this will be a problem.

2) Can we supply the house grand deed and tenant lease only to prove he also get rent income ?

==> Yes, rental income is real income. For some, it's the only source of income.

He will have to provide necessary documents and deposits to prove this.

3) If we supply the lately 6 months bank statement, is there any rules about how much money should save in bank ? The bank statement is about checking account or saving account ?

==> He can make up shortage in income with asset (such as savings in bank).

But to use asset, you will need 5 times the shortage amount.

So if you are short by $2,000 annual income, then he will need to show $10,000+.

http://www.***removed***/affidavit-of-support/using-assets-meet-income-requirements.html

4) Do we use the I864 or I864EZ ?

==> You can determine eligibility here.

http://www.***removed***/affidavit-of-support/i-864ez-affidavit-of-support.html

Thanks for your review my questions in advance, hope you can help me. I will be much appreciated!

BTW...most of this information can be found by just googl-ing. :D

Edited by DualityOneness
10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

 
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