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M&Y_2019

Do I need a co-sponsor? Meet income requirement but W2s from past two years show low income.

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Filed: K-1 Visa Country: Japan
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I'm considering whether to use a parent as a cosponsor, but I'm not sure it's necessary. I'd rather not if my income (alone) will be sufficient for the application. 

 

The problem is that I lived in Japan for two years before moving back to the USA and starting the K1 process. I've been taking the FEIE (foreign earned income exclusion) with my tax filings and excluding all income I earned in Japan from US taxation. As such, my AGA for the past two years on tax returns is very low. I also had a period of unemployment last year prior to moving back to the US, which lowered my total income even further. I won't have a tax return that shows my full US-based salary until I file in 2020 for the current tax year (2019). 

 

Will the fact that I am employed now (in the US) and making more than enough income (letter from employer + copy of pay stubs) be sufficient, or is the low income reported on my tax returns from the prior two years going to be a problem? I don't have a substantial amount of other assets or savings. 

 

Thanks :)

 

 

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Filed: AOS (apr) Country: Russia
Timeline

USCIS cares about what you make Now, however they also want to see IRS transcript and you dont have any, right? I mean the ones that exceed the poverty level? 

With your I-864 you have to send full tax return plus W-2 and letter from your employer. I feel like you might want to use a co sponsor in case IO will ask for that. How long have you been working now? Can you provide at least 6 months of pay stubs? 

 

Edited by AnJay

“Life is a roller coaster, just enjoy the ride”

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I say have a cosponsor or at least have them on speed dial in case of the CO requesting one.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: K-1 Visa Country: Japan
Timeline
32 minutes ago, AnJay said:

USCIS cares about what you make Now, however they also want to see IRS transcript and you dont have any, right? I mean the ones that exceed the poverty level? 

With your I-864 you have to send full tax return plus W-2 and letter from your employer. I feel like you might want to use a co sponsor in case IO will ask for that. How long have you been working now? Can you provide at least 6 months of pay stubs? 

 

I do have tax returns for the past two years, but the foreign income I earned (while it is reported) is not included in AGI calculation, so it makes my income look low. 

 

I have been back in the US and working full time since November 2018 - so I’d be able to provide 6 months of pay stubs. The problem is that my tax return only shows that US income from November/December 2018 in the AGI. I was unemployed for several months before that. I submitted my I-129F in January this year, about two months after I moved back.

Edited by M&Y_2019

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Filed: AOS (apr) Country: Russia
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12 hours ago, M&Y_2019 said:

I do have tax returns for the past two years, but the foreign income I earned (while it is reported) is not included in AGI calculation, so it makes my income look low. 

 

I have been back in the US and working full time since November 2018 - so I’d be able to provide 6 months of pay stubs. The problem is that my tax return only shows that US income from November/December 2018 in the AGI. I was unemployed for several months before that. I submitted my I-129F in January this year, about two months after I moved back.

I would suggest to have co sponsot in line if you would need one. IO will decide this, we can not tell for sure.


“Life is a roller coaster, just enjoy the ride”

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Filed: K-1 Visa Country: Japan
Timeline
On 4/16/2019 at 6:54 PM, AnJay said:

I would suggest to have co sponsot in line if you would need one. IO will decide this, we can not tell for sure.

A couple of posters have mentioned this, but I'm a bit confused. Are you saying they will give me the opportunity to come back and provide a co-sponsor if they deem my assets/income insufficient? 

 

I was under the impression I'd have to submit a co-sponsor initially, otherwise if I did it myself and I got denied there wouldn't be an opportunity to come back and resubmit. 

 

I can definitely submit it myself and just have my one of my parent's available as a backup if needed, just so long as they will give me the opportunity to have them fill out the forms and add them as a co-sponsor later. 

 

I guess this is a weird situation because my current income is more than enough to qualify, it's just my past income on the tax returns isnt reflective of my current income. 

Edited by M&Y_2019

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Filed: K-1 Visa Country: Japan
Timeline

Recently received NoA 2 and still waiting to hear from the Embassy/NVC.

 

I still have some confusion about the affidavit of support. Looking through the instructions, there's actually no mention of tax returns being required unless you are self employed. I don't see any mention of a W2 being required as well. This is from the I-134 instructions:

Quote

 

  1. Statement from an officer of the bank or other financial institutions with deposits, identifying the following detailsregarding the account:

    (1) Date account opened;
    (2) Total amount deposited for the past year; and(3) Present balance.

  2. Statement(s) from your employer on business stationery showing:(1) Date and nature of employment;
    (2) Salary paid; and
    (3) Whether the position is temporary or permanent.

  3. If self-employed:
    (1) Copy of last income tax return filed; or(2) Report of commercial rating concern.

  4. List containing serial numbers and denominations of bonds and name of record owner(s).

 

  1.  

It seems only #1 and #2 would apply to me. I could easily get a letter from my employer showing that I meet the income required. 

 

I tried looking for Japan embassy information, but I can't find anything specific about the financial evidence they require. I also can't find any mention of tax-returns/W2s being required. Is it going to be a problem if I prepare the I-134 with only myself as the sponsor and with evidence for #1 and #2 above? Letter from employer + statements from my banks. 

 

Thanks :)

 

Edited by M&Y_2019

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Filed: K-1 Visa Country: Costa Rica
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If they decide that you need a cosponsor, they will give you a chance to submit it after the interview.  I would suggest having your parent fill out an I-134 as a joint sponsor and give you all the supporting documents and have your fiance take that to the interview. If they say that you need a joint sponsor then just hand over the I-134 from your parent right then and there. If they don't ask for it, don't mention it.

 

I was the sole sponsor for my fiance and my salary at the time was about 7,000 above the minimum, though my tax return from the previous year was just under the minimum because I had taken nearly four months off work to spend with my fiance in his country.  I noted the reason for my lower income on the extra page they give you for additional information.  I submitted tax returns for the two previous years (the year before that I had no income, thus no tax return), an employer letter, and about six months of paystubs. We had no problem with the I-134 or with the I-864 for AOS.


2018 K1 Filing to Approval: 322 days (RFE 29 Days)

Spoiler

I-129F mailed: Jan 26 2018

NOA1: Jan 29 2018 (old site), Feb 2 2018 (new site)

RFE: Aug 30 2018 (old site updated 8/30; new site 8/31 w/email and text)

RFE hard copy: rec'd 9/4; ret'd 9/6 (old site updated 9/7; new site 9/10, no text/email)

NOA2: Oct 5 2018 [249 days]  (old site updated 10/5; new site 10/7, no text/email)

Case #: Oct 31 2018 [27 days] (called to get number, no email from NVC)

Left NVC: Nov 13 2018 

Consulate Rec'd (DHL): Nov 19 2018

CEAC 'Ready' status: Nov 29 2018

Interview: Dec 17 2018 [Approved!]

POE: Jan 10 2019 [Los Angeles]

Marriage: Jan 12 2019 :wub::dance:

 

2019 AOS Filing to Approval: 81 Days (No RFE, No Expedite)

Spoiler

AOS Mailed: Feb 19 2019

NOA1: Feb 25 2019 (I-485, I-765, I-131)

Biometrics Appt. Letter Rcv'd: Mar 8 2019

Biometrics Appointment: Mar 20 2019

Recv'd Interview Appt. Notice: Apr 15 2019 [I-485] (ready to schedule 4/10, scheduled 4/11; old site)

Interview: May 17 2019 [Cleveland, OH]

Approved: May 17 2019  :dance:

Green Card Received: May 24 2019

 

 


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Most embassies require the following to answer the income requirements.  Some embassies will not except a cosponsor.  Most embassies will approve your financials if they exceed the income requirements.  

 

EVIDENCE OF SUPPORT. You should be able to demonstrate that you will not become a public charge or be a burden on the U.S. taxpayers for financial support. A completed I-134 Affidavit of Support Form (https://www.uscis.gov/i-134) K1/K2 Interview Preparation Instructions – English (February 2014)  Page 3 of 9 with an original signature will be useful to the consular officer to evaluate your petitioner’s ability to be financially responsible for you. You should also submit your petitioner’s most recent U.S. Federal income tax return (Form 1040) and wage statements (Form W-2). Employment letters stating salaries and bank statements may be included to substantiate the I-134. Get the IRS transcript in place of the actual 1040 here: https://www.irs.gov/Individuals/Get-Transcript Use this link to determine the income levels needed https://www.uscis.gov/i-864p.


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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