Wait 1 year to file I-130 until I have a tax return that meets the requirement of support?

[prl108 0]

Thank you in advance for any advice you guys have!

 

Here's the situation:

 

My husband and I got married in Helsinki on June 27th 2017 (I am an American citizen, he is EU). I had all the paperwork ready (I did not have a lawyer but instead used VJ as a guide). But then I was told by a trusted friend that at some point in the Consular Process (CR-1), I will need to submit my last 3 years of tax returns to prove that I earn above the poverty line/financial requirements. Since I have spent the last five years traveling and living off of my savings (not depleted), I have not earned more than $10,000 per year during the past three years. I do not have anyone who can sponsor us in the U.S. so that options is out the window. 

 

So my question is---

 

Is it best for us to WAIT to file the I-130 for one year so that I can work in the U.S. and make enough money to show on my 2018 tax return that I earned above the requirement? Or is it better to file it NOW and then start working full time and hope that the timing works out that I make enough $ before I need to submit the affidavit of support?

 

Thank you so much for your help and guidance! Feeling a tad lost and not sure what direction to turn

[jayjayj 571]

How much savings do you have left?  You can substitute assets for income and/or you can substitute the difference between your income and 125% of the poverty line with assets.  I believe you need to have 3 times 125% of the poverty line or 3 times 125% of the difference between your income and the poverty line.

 

In 2016, 125% of the poverty line was $20,025 - not sure about 2017.  Your income was approximately $10,000.  So, you would need to have around $30,000 in assets.

[prl108 0]

8 hours ago, jayjaym said:

How much savings do you have left?  You can substitute assets for income and/or you can substitute the difference between your income and 125% of the poverty line with assets.  I believe you need to have 3 times 125% of the poverty line or 3 times 125% of the difference between your income and the poverty line.

 

In 2016, 125% of the poverty line was $20,025 - not sure about 2017.  Your income was approximately $10,000.  So, you would need to have around $30,000 in assets.

Unfortunately I don't have any savings left since I've been traveling and my husband has been supporting us with his income in Finland. And also I don't have any assets (are stocks/shares considered assets?). And sorry if I sound silly but what exactly do you mean about needing $30,000 in assets if my income last year was $10,000? Thank you!

[JFH 12,189]

*~*~*moved from "K-1 fiancé visa process and procedures" to "IR-1/CR-1 spouse visa process and procedures" as OP is married*~*~*

Edited August 31, 2017 by JFH

[jayjayj 571]

10 hours ago, prl108 said:

Unfortunately I don't have any savings left since I've been traveling and my husband has been supporting us with his income in Finland. And also I don't have any assets (are stocks/shares considered assets?). And sorry if I sound silly but what exactly do you mean about needing $30,000 in assets if my income last year was $10,000? Thank you!

Stocks and bonds are considered assets, as well as home equity.  Anything you could liquidate for cash is considered an asset.

 

The $30,000 in assets number comes from the difference between your income and 125% of the poverty line.  Your income is approximately $10,000 below 125% of the poverty line ($20,025) in 2016.  You have to show you have assets that are equal to or more than 3 times the difference between your income and 125% of the poverty line - difference ($10,000) x 3 = $30,000.

 

Do you have anyone available who can be a joint sponsor on your petition?  

[prl108 0]

13 hours ago, jayjaym said:

Stocks and bonds are considered assets, as well as home equity.  Anything you could liquidate for cash is considered an asset.

 

The $30,000 in assets number comes from the difference between your income and 125% of the poverty line.  Your income is approximately $10,000 below 125% of the poverty line ($20,025) in 2016.  You have to show you have assets that are equal to or more than 3 times the difference between your income and 125% of the poverty line - difference ($10,000) x 3 = $30,000.

 

Do you have anyone available who can be a joint sponsor on your petition?  

Thank you for explaining that, I think I understand now :). My stocks are still minuscule but at least it's something. In terms of a joint sponsor, I don't have anyone who could do that unfortunately so it's up to me in terms of support. Since my savings are non-existent at this point and my stocks are hovering around $1500, do you think it's best for me to work for a year until I make the necessary sum? Thank you again!

[pushbrk 12,266]

7 hours ago, prl108 said:

Thank you for explaining that, I think I understand now :). My stocks are still minuscule but at least it's something. In terms of a joint sponsor, I don't have anyone who could do that unfortunately so it's up to me in terms of support. Since my savings are non-existent at this point and my stocks are hovering around $1500, do you think it's best for me to work for a year until I make the necessary sum? Thank you again!

If you are back in the US and working now AND your current income is sufficient, none of your tax returns will have any bearing on whether you qualify, and you can just use the I-864EZ that has no asset questions.  Current income is how you qualify.  You also don't send any financial papers with the initial petitions.  If you haven't filed yet, you are quite likely to file another tax return before your process gets to the stage of providing an affidavit of support and tax return.  You'll document your current income with a pay stub, not a tax return.  There are no "how much did you make last year" questions, used in determining whether you qualify as sponsor.  If you made six figures each of the last three years and lost your job, those tax returns wouldn't help you qualify because you have no income.  It is also true that if you had no income the last three years but have a qualifying job NOW, you qualify.  There are a few Consulates that are picky about tax returns showing enough income but you aren't dealing with on of them.

 

[prl108 0]

On 9/1/2017 at 4:32 AM, pushbrk said:

If you are back in the US and working now AND your current income is sufficient, none of your tax returns will have any bearing on whether you qualify, and you can just use the I-864EZ that has no asset questions.  Current income is how you qualify.  You also don't send any financial papers with the initial petitions.  If you haven't filed yet, you are quite likely to file another tax return before your process gets to the stage of providing an affidavit of support and tax return.  You'll document your current income with a pay stub, not a tax return.  There are no "how much did you make last year" questions, used in determining whether you qualify as sponsor.  If you made six figures each of the last three years and lost your job, those tax returns wouldn't help you qualify because you have no income.  It is also true that if you had no income the last three years but have a qualifying job NOW, you qualify.  There are a few Consulates that are picky about tax returns showing enough income but you aren't dealing with on of them.

 

Wow thank you for that! And sorry for my delayed response, it's been wild getting all our documents and info together for the I-130. This is such helpful information, and I think it's the tipping point for us--we will file asap and I will just work a steady job for the foreseeable future. Thank you again for your help and insights

[pushbrk 12,266]

5 hours ago, prl108 said:

Wow thank you for that! And sorry for my delayed response, it's been wild getting all our documents and info together for the I-130. This is such helpful information, and I think it's the tipping point for us--we will file asap and I will just work a steady job for the foreseeable future. Thank you again for your help and insights

One clarification is that if by chance your petition is approved early and you submit your affidavit of support before you file the 2017 tax return, you will need to use the I-864a.  NVC doesn't consider income to be W2 income unless there's a W2 included.  I think that's wrong of them, but that's how they look at it.  If you're sending a tax return and W2 or a tax return transcript showing W2 income, then the I-864EZ can be used.

[prl108 0]

On 9/21/2017 at 7:28 AM, pushbrk said:

One clarification is that if by chance your petition is approved early and you submit your affidavit of support before you file the 2017 tax return, you will need to use the I-864a.  NVC doesn't consider income to be W2 income unless there's a W2 included.  I think that's wrong of them, but that's how they look at it.  If you're sending a tax return and W2 or a tax return transcript showing W2 income, then the I-864EZ can be used.

Thank you for that clarification and sorry for the delay in my reply! We've been in a whirlwind of forms and documents etc. Thank you for clarifying the I-864 issue for me. I am still a bit lost with that part of the process but hopefully the timeline works out so that I will have either a full-time job contract that I can submit OR a tax return. Ideally I would have both but my understanding is that technically I could just submit a letter from my employer and recent pay stubs? Or do they require that I also send my tax returns even if I haven't made more than $10,000 per year for the past three years? Thanks again for your help and insights and I apologize for my delay in replying to your last post. 

[pushbrk 12,266]

3 hours ago, prl108 said:

Thank you for that clarification and sorry for the delay in my reply! We've been in a whirlwind of forms and documents etc. Thank you for clarifying the I-864 issue for me. I am still a bit lost with that part of the process but hopefully the timeline works out so that I will have either a full-time job contract that I can submit OR a tax return. Ideally I would have both but my understanding is that technically I could just submit a letter from my employer and recent pay stubs? Or do they require that I also send my tax returns even if I haven't made more than $10,000 per year for the past three years? Thanks again for your help and insights and I apologize for my delay in replying to your last post. 

Reading your response, I see I made a typing error.  I-864EZ if you have a W2 and I-864 if you don't.  I-864a doesn't apply here.

[prl108 0]

On 11/22/2017 at 3:40 PM, pushbrk said:

Reading your response, I see I made a typing error.  I-864EZ if you have a W2 and I-864 if you don't.  I-864a doesn't apply here.

Ah ok that clears things up, thank you :). I'll start delving into that process soon enough. Thank you again!