i-864 questions and help

[corey58 0]

Hello, 

 

Recently my partner in america just submitted our I-130 and i have a few questions about the i-864

 

For the past year she has been living in Australia with me where we got married, and she moved back to the states April 24th, in that year here in Australia her earnings were about $10k for the year(no real need for her to work as we wanted to spend as much time together)

 

However she moved back to america(Australian visa was up) with a full time job in marketing for a small food chain(5 locations currently) and a yearly salary of $30k plus the option to pick up bar shifts (does about 3 a week bringing in $100 average per one)

 

However as she left america May 2nd 2016, her taxes for that year don't make the 125%, what would be the best step forwards?

 

2014 $11k

2015 $22k

2016 $11k for the time from 1/1/16 to 1/5/16 (only 4 months of income as she was in Australia the rest of the year)

 

Would letters from the employer ,job contract and the last few months of pay slips be enough to prove support or will a co sponsor be needed. She has no dependents, just myself and her.

 

If that would be enough support, how would i include that documentation in the i-864?

 

 

Thanks Corey

[Penguin_ie 6,000]

It's current and ongoing income that counts the most.  If her $30'000/ year in the current job are stable, you should be fine.

[corey58 0]

Thanks for the fast replies.

 

Reading into it a bit more the I-864EZ appears to suit our situation more, would that be correct?

 

Also part 5, question 4 is the only place where it ask about current income. Am i blind or how would we go about attaching our current financial status?

Attacha letter to to the I-864EZ explaining 2016 taxes and include new job contract and payslips?

[corey58 0]

Anyone?

[Villanelle 4,123]

Your post is very confusing. 

 

Is she currently in the US and working? How long has she been employed for (in the US)? Does she currently earn over the poverty guidelines for a family of 2?

 

Please keep the following in mind- 

1. She has to be currently working. You can not count "job offers" or future employment contracts. She has to be currently employed and currently earning over the poverty guidelines. Currently earning can mean your job pays you 52,000 a year at a rate of 1,000 a week. Since its late May you would only have 20 weeks of work under your belt (so youve only earned 20k so far), but at the end of the year you will have earned 52,000. 

 

If you are in that situation- where your previous years were not enough- and this is the :FIRST: year you will earn enough then it is unknown if you guys will meet the burden of proof needed to get the 864 approved. They look at past years to determine if your income is "stable". Its subjective and its up to the Officer reviewing the papers to decide if you are "stable" based on what you provide as proof. It can go either way. Ive seen people who have just relocated back to the US and obtained employment at or above the poverty line get approved and people who did the same but were denied.

 

If denied you will need to get a co-sponsor. Try to find someone now as a back up just incase you are denied. 

[corey58 0]

Hey Damara,

 

Yes she is currently in the US, employed since the 24-4-17 the day she got back to the states,  She got a new job back at her old employer(worked there multiple years before coming to Australia) with a salary starting at 30K

 

She will meet the 125% this year easily, however the previous year not.

 

More after how we attach her current job info on the I-864EZ form as i cant see where that information would go.

Or is that just something i would bring to the interview stage?

 

 

Thanks

[arken 4,198]

28 minutes ago, corey58 said:

Hey Damara,

 

Yes she is currently in the US, employed since the 24-4-17 the day she got back to the states,  She got a new job back at her old employer(worked there multiple years before coming to Australia) with a salary starting at 30K

 

She will meet the 125% this year easily, however the previous year not.

 

More after how we attach her current job info on the I-864EZ form as i cant see where that information would go.

Or is that just something i would bring to the interview stage?

 

 

Thanks

Any supporting documents including tax transcripts, emlpoyment letter, pay stubs.. all need to be sent to NVC along with i864EZ.

[Villanelle 4,123]

Thats because you wouldnt be able to use the EZ form. Youd need the regular 864. 

 

Check the instructions for the 864EZ- 3 things required- one being you have proof in W2 statements. You get those at the end of each calendar year for your taxes. She just started there and hasnt worked a full year so she wont have one.