AOS income requirement proof (different type of ?)

[mdrma720 1]

Hello, and thank you so much for reading this. I hope you can help. I used rapid visa (unfortunately) to do initial k1, and thankfully my wonderful fiancée is here with me as of July. 

We spent the day super depressed and crying together. We were told horrible news but one person told us that news (which 3 seperate rapid visa people told me) may not be correct. I was told that you are required to have three years (last three of four years) of income exceeding the 125% poverty requirement. This year from January until now 9 months later am on track to make over $25,000 this year. Last year I made $18,000 and the year before only $6000. I have absolutely no assets and I have no chance of a sponsor. So I have only one year (current year) or can wait til Jan 2018 and have 1 w2 that's over the 125% mark... So we ate going to be denied??? I feel like it is so unfair that my past years have anything to do with my current status which is going to keep getting better every year. 

Please take the time to help.. I need some definitive answers.  I've searched the internet up and down all day and can't find any exact details on this. 

We are getting married in 2 days. We really want to know now what to except for our future. If we cant do aos for another 2+ years, it's going to be truly hard and mess up everything for us but we need to know. Thank you 

[geowrian 22,337]

No, you don't need any tax returns with income over 125% of the poverty level. They will look at current income first. If you can show that your current income is sufficient, then you should be fine. A letter from your employer plus pay stubs over several months should be okay (you still need to list the last 3 years and provide at least the most recent tax return, though).

 

If you are self-employed or the income is not consistent (i.e. commissions/bonuses/tips or seasonal work) then they will look at the tax returns more closely to make a decision if your current income is actually sufficient.

[mdrma720 1]

1 hour ago, geowrian said:

No, you don't need any tax returns with income over 125% of the poverty level. They will look at current income first. If you can show that your current income is sufficient, then you should be fine. A letter from your employer plus pay stubs over several months should be okay (you still need to list the last 3 years and provide at least the most recent tax return, though).

 

If you are self-employed or the income is not consistent (i.e. commissions/bonuses/tips or seasonal work) then they will look at the tax returns more closely to make a decision if your current income is actually sufficient.

I love your response and I think I love you too right now!! How certain are you of this? To confirm we are talking adjustment of status not initial k1 (I'm sure you know, I'm Just so scared to believe what you are telling me and than be  crushed to find out different. Thank you btw for answering. 

And my job is very reliable 40 hours a week, can get a letter from employer and provide multiple paystubs. 

[geowrian 22,337]

3 minutes ago, mdrma720 said:

I love your response and I think I love you too right now!! How certain are you of this? To confirm we are talking adjustment of status not initial k1 (I'm sure you know, I'm Just so scared to believe what you are telling me and than be  crushed to find out different. Thank you btw for answering. 

And my job is very reliable 40 hours a week, can get a letter from employer and provide multiple paystubs. 

Thanks!

I'm certain that meeting the 125% income level is not a requirement on past tax returns. There are students who didn't work (or even file taxes), or worked part-time, in their prior years who were able to qualify without a joint sponsor. It can be helpful if your income is borderline, but it is not a requirement.

 

Now if somebody just got a job (or raise) then it might be difficult for them to show that their income is actually sufficient. But if you have the employment letter and several paychecks showing that your income is stable and that it is in line to exceed the 125% threshold this year, you should be fine.

[Ebunoluwa 6,136]

I confirm what Geowrian said, you will be fine with submitting W2, several pay stubs, employer letter showing your income meets the 125% guidelines. No worries.

[mdrma720 1]

1 hour ago, Ebunoluwa said:

I confirm what Geowrian said, you will be fine with submitting W2, several pay stubs, employer letter showing your income meets the 125% guidelines. No worries.

Thank you. I will take all the confirmations you guys will give me. This is such great news. I can't believe because of those three seperate people working for rapid visa, that we spent the whole day feeling helpless and crying. I'm Just so happy to hear this guy's. 

[Suss&Camm 2,213]

We were in an almost identical situation as you when filing. around $18,000 on the latest tax return and 10 months of work well above the poverty line. We were fine.

[mdrma720 1]

22 minutes ago, Suss&Camm said:

We were in an almost identical situation as you when filing. around $18,000 on the latest tax return and 10 months of work well above the poverty line. We were fine.

Thank u for taking the time to reply 

[Suss&Camm 2,213]

Just now, mdrma720 said:

Thank u for taking the time to reply 

I just know how stressful it all is, anything I can contribute from my own experiences to help calm others. Good luck on your road to residency.

[mdrma720 1]

17 hours ago, geowrian said:

Thanks!

I'm certain that meeting the 125% income level is not a requirement on past tax returns. There are students who didn't work (or even file taxes), or worked part-time, in their prior years who were able to qualify without a joint sponsor. It can be helpful if your income is borderline, but it is not a requirement.

 

Now if somebody just got a job (or raise) then it might be difficult for them to show that their income is actually sufficient. But if you have the employment letter and several paychecks showing that your income is stable and that it is in line to exceed the 125% threshold this year, you should be fine.

The USCIS determines if income meets requirements by looking at their income of 4 years. The 4 years are: Current Income and Income on Tax Returns of last 3 years(only one year can be low out of the 3 years of the Tax Returns). If you have 2 or more years of low income tax, you will get an RFE because income was not sustainable.

 

(that's the type of things every person on rapid visa tells me) it's awful and scares me so much because I have two low years 

[NikLR 13,227]

4 minutes ago, mdrma720 said:

The USCIS determines if income meets requirements by looking at their income of 4 years. The 4 years are: Current Income and Income on Tax Returns of last 3 years(only one year can be low out of the 3 years of the Tax Returns). If you have 2 or more years of low income tax, you will get an RFE because income was not sustainable.

 

(that's the type of things every person on rapid visa tells me) it's awful and scares me so much because I have two low years 

It's not true.  For the visa, for certain countries they want to see a higher income over several years but for the AOS as long as current income is over, or you have a joint sponsor, or assets to cover the difference, then you are fine. 

[f f 725]

don't forget about assets if you are close to the cut off.

[mdrma720 1]

17 minutes ago, f f said:

don't forget about assets if you are close to the cut off.

Thank you, but I actually have no assets.  My life and career are really coming together tho, it's exciting. I will be at least $7000 over the requirement for the 2017 tax return tho, so I'll be set for that one at least. Thabks for replying.