AOS I-864 question

[beccajayne93 17]

I know these questions repeat themselves and basically flood the forums however I'm just trying to prepare myself for our situation when it comes time to file for AOS.

I had my interview a week ago for the K-1 visa and we were approved no problem with my fiancé's income. I had his mom sign an affidavit just in case for back-up even though I knew we were over the 125% poverty line for 2014, and well on our way over for 2015.

Long story short my fiancé was just let go from his job because his boss found out that he wanted to basically start up his own business in the same industry (roofing/sales) with his partner who basically ratted him out. This probably could have been handled better but it is what it is.

I know for AOS one needs to provide 3 tax returns.

His 2012/2013 tax returns show minimal income due to being in college/having a small part-time job. His 2014 will show enough obviously, and 2015 will show even more when it comes to file this year, as he has made enough until now. But since he no longer has his job and will begin his own company, obviously this will be unsatisfactory because it is income that a) we don't have yet and b) we have no evidence. He has a fair amount of savings which will be used towards the company, and that's about it in terms of assets (we will be living with his parents until we find somewhere to live). He really wants to start the business and not find another job. So...

His mother will be our co-sponsor. The issue here is that she was unemployed for the previous 2 years, therefore her tax returns for 2012/2013/2014 show minimal income as well. However she has got a good job in her career field this year and makes more than enough to support us, and has already agreed to do so. The issue with this is that 2015's tax return will not be filed by the time we send the application for AOS, but likely will be done by the time we have out interview. Will this be okay? I have recent paystubs from her, and an employment letter. She also has a very nice house (still has a mortgage though) and 3 cars, and life insurance, and that's it in terms of assets. But since 3 years worth of tax returns are required to prove consistency, will this be an issue? Both my fiancé and co-sponsor cannot show consistency.

Any reassurance and/or advice would be greatly appreciated

[newacct 688]

Current income is what matters. Your fiance's current income is not enough. If his mother's current income is enough then that's enough. She needs to make sure to include evidence of her current income.