Affidavit of Support With New Job Question

[ADAngel 40]

Hiya... again, haha.

 

If you were active on the UK/K1 forums I'm sure you're tired of seeing my posts but it's that time again - we're adjusting his status! We're all set to go now, got hitched on the 17th and took care of his missed vaccination with a civil surgeon. However, I'm not sure what to do about the affidavit of support so I was hoping to get some advice.

 

The same cosponsor I had for his K1 is happy to cosponsor again if needed, but I'd rather just do it myself. At the start of the year I started my new job that makes well over the 125% requirement for our 2 member household but because it's so new, I'm not sure that it will qualify since it may not appear as stable enough to support. Does anyone else have any experience with this? I've still got the offer letter/contract I had to sign when I was hired that states my salary amount and job benefits/ expectations but I'm not sure if that plus my last two pay stubs will be enough? I mean by the time it's likely that his interview will come around I should have at least 4-5 months of pay stubs to support my affidavit but it's my understanding that it has to be enough at the time of filing.  I should also mention I was exempt from filing taxes last year because I was living with my OH in the UK and wasn't working (I was a student and he was supporting us both, as I'm doing now that he can't work yet) so I won't be able to file a tax transcript for 2018. I do have one for 2017 but it's under the poverty line since I was only working a few months before I moved to the UK.

 

I should also mention that I've been with the same company off and on for the last few years, only leaving when I was moving states or when I moved out of the country, though I'm not sure that it will make a difference. I appreciate any help or advice you might have!

 

Thanks!

[K1visaHopeful 2,661]

11 minutes ago, ADAngel said:

Hiya... again, haha.

 

If you were active on the UK/K1 forums I'm sure you're tired of seeing my posts but it's that time again - we're adjusting his status! We're all set to go now, got hitched on the 17th and took care of his missed vaccination with a civil surgeon. However, I'm not sure what to do about the affidavit of support so I was hoping to get some advice.

 

The same cosponsor I had for his K1 is happy to cosponsor again if needed, but I'd rather just do it myself. At the start of the year I started my new job that makes well over the 125% requirement for our 2 member household but because it's so new, I'm not sure that it will qualify since it may not appear as stable enough to support. Does anyone else have any experience with this? I've still got the offer letter/contract I had to sign when I was hired that states my salary amount and job benefits/ expectations but I'm not sure if that plus my last two pay stubs will be enough? I mean by the time it's likely that his interview will come around I should have at least 4-5 months of pay stubs to support my affidavit but it's my understanding that it has to be enough at the time of filing.  I should also mention I was exempt from filing taxes last year because I was living with my OH in the UK and wasn't working (I was a student and he was supporting us both, as I'm doing now that he can't work yet) so I won't be able to file a tax transcript for 2018. I do have one for 2017 but it's under the poverty line since I was only working a few months before I moved to the UK.

 

I should also mention that I've been with the same company off and on for the last few years, only leaving when I was moving states or when I moved out of the country, though I'm not sure that it will make a difference. I appreciate any help or advice you might have!

 

Thanks!

 

If so I'd say you probably dont have enough evidence of stability with this new job. You can try though. Submit what you have. The worse that will happen is they will tell you that you need a joint sponsor. And you most likely will.

[Wuozopo 4,285]

9 hours ago, ADAngel said:

I've still got the offer letter/contract I had to sign when I was hired that states my salary amount and job benefits/ expectations but I'm not sure if that plus my last two pay stubs will be enough? 

 

I would also get an employer letter stating you are employed full time and your salary to send along with the offer letter. It verifies you accepted the offer and are indeed currently working for them. 

 

That should meet the requirements and by interview you will have more pay stubs. 

 

I don't know if you have read the instructions for form I-864, but you need a signed statement concerning any tax returns you didn't file. Attach it behind the I-864 form before your other proofs. 

 

Statement Concerning Tax Returns

 

In tax year 2018, I was a student at Cambridge University in the United Kingdom and earned $0.00 income. I am not required to file a 2018 tax return due to no income

 

In tax year 2017, I earned only $xxx.xx because I was an unemployed university student in the United Kingdom most of the year. I did file a return and have included it with form I-864.

 

name

signature

Edited January 29, 2019 by Wuozopo

[battsher 0]

26 minutes ago, Wuozopo said:

I would also get an employer letter stating you are employed full time and your salary to send along with the offer letter. It verifies you accepted the offer and are indeed currently working for them. 

 

That should meet the requirements and by interview you will have more pay stubs. 

 

I don't know if you have read the instructions for form I-864, but you need a signed statement concerning any tax returns you didn't file. Attach it behind the I-864 form before your other proofs. 

This.  That documentation meets the requirements (plus your offer letter/contract can't hurt too) but you likely will still get an RFE saying that you didn't provide enough documentation and you should submit more information for assets and/or co-sponsor blah blah blah (it's a canned statement).

 

We were in a similar situation, no 2017 income yet in 2018 had a full-time job exceeding the requirements. Plenty of documentation to prove it, but no W2 and 2017 tax return was all zeros. Without a W2 our tax documentation is technically incomplete, therefore they kick back with the RFE. We responded with more of the same documentation and a more detailed letter explaining the situation. We were granted AP and EAD and are confident that we won't have any more trouble especially since now there's a 2018 tax return to point to.

 

10 hours ago, ADAngel said:

I should also mention that I've been with the same company off and on for the last few years, only leaving when I was moving states or when I moved out of the country, though I'm not sure that it will make a difference.

I doubt that will enter the equation anywhere. I came back to my former employer and submitted my tax returns for that final year, but it didn't keep me from getting an RFE. Even though they seem to focus heavily on past earnings (prior years tax returns) the requirements all focus on current/potential earnings, not past.

[Wuozopo 4,285]

1 hour ago, battsher said:

Without a W2 our tax documentation is technically incomplete, therefore they kick back with the RFE. 

@ADAngel that is an example of what gets an RFE

They always kick back a tax return without a wage statement (W2) or a W2 without a tax return and send that canned RFE without looking further.

 

A signed statement saying you did not file a tax return and the legal reason why not (i.e. Earned $0) is what the instructions say to do if you did not file. 

[battsher 0]

4 hours ago, Wuozopo said:

A signed statement saying you did not file a tax return and the legal reason why not (i.e. Earned $0) is what the instructions say to do if you did not file. 

Hmm, Seems I should have saved myself a stamp and not filed in the first place! I only filed the because I got nervous about not having any return to send with the AOS packet. Thanks for the reassurance. I went back and checked the letter sent with the RFE. Glad we specifically addressed the lack of W2.

 

[ADAngel 40]

Thank you @Wuozopo! It's been a while since I've checked the site but we're sending out our package tomorrow and I've now got two months worth of wage slips to go along with my letter of employment for my current job. So hopefully this will be enough. Thank you for letting me know about the letter addressing my 2017/2018 Tax returns I wasn't sure what to do for them but I will make sure to include that! As well as the W2's to accompany my prior tax returns. Hopefully all is well now, but if I have any issues or get an RFE I will keep you all posted!

[eckoin 211]

13 hours ago, ADAngel said:

Thank you @Wuozopo! It's been a while since I've checked the site but we're sending out our package tomorrow and I've now got two months worth of wage slips to go along with my letter of employment for my current job. So hopefully this will be enough. Thank you for letting me know about the letter addressing my 2017/2018 Tax returns I wasn't sure what to do for them but I will make sure to include that! As well as the W2's to accompany my prior tax returns. Hopefully all is well now, but if I have any issues or get an RFE I will keep you all posted!

If you do get an RFE, I would suggest submitting I-864 with a joint sponsor, and at the time of the interview (around 6+ months after you file?), you can ask if you can submit an updated I-864 with the consistent pay stubs for at least half a year.  In fact, if in those months prior to the interview for the tax year 2019, you've made close to or above 125% of the poverty line, even better.  The IO can review it at the time of the interview and either accept or reject it.