I-864 Question - F1 to AOS (Concurrent Filing Spouse Based)

[sebastianshaw 97]

Hello Fellow Forum Dwellers,

I was impressed by this very informative site. Many of the members are very knowledgeable and helpful so i decided to join the forum now that i am going to start my AOS journey.

I came to the US 2 years back as a Graduate student and am currently working on my OPT since May 2016 which expires in May 2017.

I married US citizen after dating almost 2 years in october this year and i am planning to file AOS through her by the end of this month. (Nov 2016)

My question is pertaining to I-864, although my US citizen spouse makes more than 250% of the Poverty limit, that income pertains to her last 2 years income (2014 and 2015) Before 2014 she was an Undergraduate student and obviously had menial income of part time jobs.

My question is would that be a problem that in the past 3 years income has fluctuated (in 2013 FY the income was low) OR would it be fine considering last 2 years she has earned much much above the income requirements to sponsor.

Your comments much appreciated.

Thank You

SS

Edited November 15, 2016 by sebastianshaw

[embay16 12]

We had a similar issue with me (the USC). I have been working the last year and a half, with only one recent tax return (until January) and prior to that I was an undergraduate student, making less than $2,000 and was not required to file a tax return. My spouse also earned money, but since my income alone was enough, we didn't include it, since it is through a graduate assistant-ship that is renewed each semester.

What we did was include the most recent tax return that I had, a letter from my employer confirming my salary (well above the requirement) and employment, 2 months worth of recent paystubs, and a signed, notarized affidavit of explanation on why I did not have to file a tax return for the previous two years (I believe it's if you make under $8,000 you are not required to). The sworn affidavit was at the suggestion of our attorney, although I think a signed notarized letter could be fine as well.

It looked something like this:

I, FULL LEGAL NAME, being duly sworn hereby state:

The facts stated in this affidavit are true of my own knowledge. If called as a witness I could and would testify to these facts under oath.

1. My name is NAME.

2. I did not file U.S. Federal Income Tax Returns for the year 2013 and 2014. I was a student and I did not receive enough income to require me by law to file a federal return.

2014 Income: $$$$$$

2013 Income: $$$$$$

I declare under penalty of perjury that the above is true and correct to the best of my recollection.

___________________________________________
(Signature of Affiant)

I think as long as the last two years of income were consistent, and you include a page of explanation, then you should be fine (we haven't received any RFEs to date, fingers crossed). You'll have to submit an updated tax return when it comes to the interview stage anyways, so I would not worry about it too much as long as she has had a consistent source of income after college.

Edited November 15, 2016 by embay16

[sebastianshaw 97]

Thanks much for your detailed reply, i think this is a good idea, i could get an notarized letter saying that in 2013 she was a student and that is why her income was low, for the last 2 years it has been much above required, and i have 1040's and 6 month paystubs.

Thanks again.

Edited November 16, 2016 by sebastianshaw

[sebastianshaw 97]

Was finally able to file the AOS (Concurrent Filing I-130, I-485, I-765, I-131)

Now starts the dreaded waiting period