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shallott343

co-sponsor requirement (previous years foreign income)

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Hi All, 

I know this particular query has probably been asked many times over but I just wanted to be totally sure so I will ask again. (Thank you for your patience!!)

 

I am the USC and I will be filing the I-130 for my foreign spouse in March for a CR-1. We are a household of 2. My current income is $60k+; I only started my job in January so when I file my tax returns in April my total income for the year will be significantly less than that. Prior to this year I was living abroad and working--I filed my taxes every year so I have 3 years of returns, but due to the foreign- earned income exclusion (and because foreign income doesn't count for the Affidavit of Support) I  believe I will appear consistently below the poverty guidelines. 

 

When we finally reach the Affidavit stage I will be able to provide:

  • pay stubs going all the way back to my first pay check (so that will be 6-8ish months...or more!)
  • a letter from my employer stating that I am full time, permanently employed, what my current annual salary is, and what my benefits are (medical, dental, etc)
  • 3 years of tax returns (with the caveat that other than this coming tax year, all will be the Foreign Earned Income Exclusion (Form 2555))

 

If it is taken into consideration at all, my spouse is from the  UK (also where I was living/working) which is a low risk/low fraud country. I don't know if that makes any difference for the I-864

 

so ultimately-- Do I need a co-sponsor?.

I am able to get one (my mother, she is a household of 1 (maybe 2...unclear if college age children count if they do not live at home permanently?) and makes enough. I would prefer not to if possible for ease however.

 

 

thank you all so much! And please do direct me to any other pertinent threads or information sources I may have missed!!

 

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5 minutes ago, shallott343 said:

Hi All, 

I know this particular query has probably been asked many times over but I just wanted to be totally sure so I will ask again. (Thank you for your patience!!)

 

I am the USC and I will be filing the I-130 for my foreign spouse in March for a CR-1. We are a household of 2. My current income is $60k+; I only started my job in January so when I file my tax returns in April my total income for the year will be significantly less than that. Prior to this year I was living abroad and working--I filed my taxes every year so I have 3 years of returns, but due to the foreign- earned income exclusion (and because foreign income doesn't count for the Affidavit of Support) I  believe I will appear consistently below the poverty guidelines. 

 

When we finally reach the Affidavit stage I will be able to provide:

  • pay stubs going all the way back to my first pay check (so that will be 6-8ish months...or more!)
  • a letter from my employer stating that I am full time, permanently employed, what my current annual salary is, and what my benefits are (medical, dental, etc)
  • 3 years of tax returns (with the caveat that other than this coming tax year, all will be the Foreign Earned Income Exclusion (Form 2555))

 

If it is taken into consideration at all, my spouse is from the  UK (also where I was living/working) which is a low risk/low fraud country. I don't know if that makes any difference for the I-864

 

so ultimately-- Do I need a co-sponsor?.

I am able to get one (my mother, she is a household of 1 (maybe 2...unclear if college age children count if they do not live at home permanently?) and makes enough. I would prefer not to if possible for ease however.

 

 

thank you all so much! And please do direct me to any other pertinent threads or information sources I may have missed!!

 

Current income is king. I think you will be fine and don't need a joint sponsor. How much income did you make while abroad?

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Nobody can say with certainty that they will or will not request a joint sponsor. But nothing you noted jumps out as an issue needing one.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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You seem to qualify comfortably.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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22 minutes ago, USS_Voyager said:

Current income is king. I think you will be fine and don't need a joint sponsor. How much income did you make while abroad?

I was making consistently US equivalent $33k-$42k  (regular, yearly pay raises) and this number is represented on my returns, so while it speaks to my ability to earn a sufficient income without issue I was afraid the fact that I was abroad would cause concern! 

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2 minutes ago, shallott343 said:

 it speaks to my ability to earn a sufficient income without issue

You nailed it there. That's what they're looking at. And the most important thing is you are in the US NOW and have a US based job NOW and make way over the income requirement NOW. There shouldn't be an issue.

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Just now, USS_Voyager said:

You nailed it there. That's what they're looking at. And the most important thing is you are in the US NOW and have a US based job NOW and make way over the income requirement NOW. There shouldn't be an issue.

Amazing! Thank you for confirming that and taking the time to help me!

 

I will line up my co-sponsor just in case (never know if you'll end up with an officer who is having a bad day and I would rather be safe than sorry...).

 

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