Filling in i-864: question about specific financial situation. Opinions needed.

[oceaninspired 12]

I am applying for green card as US citizen's spouse and i have a specific question about i-864 (affidavit of support)

 

My situation:

My husband didn't file taxes two last years, but he did have a solid well paid job (and tax form) 3 years ago (we will provide that as proof)

The reason he didn't file taxes: for one year he was living with me abroad and didn't work (he had saving to sustain himself without work)

He returned to US last November, started working again and his income was not high enough so he decided not to file taxes this year and instead do it next year

Back then he didn't know that we gonna get married and tax forms will be needed

Right now his is working (can provide pay stubs) and his income is above poverty line BUT he only started working last november. So he doesnt have a full year of pay stabs to show we are above poverty line. But his monthly income is above 5000$ a month so we are definitely making it.

My situation is that i am on tourist visa and obviously not working in US

 

So my question is: Do you think when we apply for green card, immigration office might consider his financial situation not strong enough to petition me for green card? Because he didn't work for more than a year and he only started working last November? We plan to submit our application this month.

 

Maybe someone has similar experience? 

 

[azblk 338]

USCIS is only interested in current income and not income from 3 years ago. He needs to file last years taxes even if it is late - most current tax return is a requiement. Yes he will have to show current pay stubs to show he is earning above the poverty level. 

[Villanelle 4,123]

If he wasnt required to file for 2 years you need to submit a statement explaining so. (you cant/dont file back taxes if you dont need to).

 

As for his current job- yes they look at current income but they also look at how stable it is. Thats hard with a new job but not impossible to overcome. Most employees are considered to be 'stable'. (so as long as he works for a company and is not self employed). Also if he has any degrees or certifications. Is he working in the same field he was in 3 years ago. If so highlight that in a letter./ That he is experienced in whatever and because so has no issues getting and staying employed. 

 

Ive seen many people obtain a job in close proximity to filling out the 864/interview and get approved with no issue as long as the income is enough. Its no guarantee that youll be okay but very likely. 

[oceaninspired 12]

Thank you guys for the feedback! Will post more updates if there will be anything interesting to tell