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Need Help- Affidavit of Support

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I'm filing Adjustment of Status (family-based), as I'm working on the Affidavit of Support, my husband and I found out that he is not required to file taxes for the most recent tax year (2018) but he filed his Federal income tax return anyway. We have a copy of his tax transcript (2018) and a letter explaining why he is not required to file taxes (low income). He had two jobs in 2018, he only filed for the most recent job, which is also his current job (since Sept 2018). He has not filed tax return from his previous job that he had on early part of 2018, nor was he given a W-2 by previous employer. His current income however, meets the requirement to sponsor me. I'm not sure how to go from here. Any advice? We are planning to get his W2 from his previous employer, file an amendment to his 2018 tax return and use the following supporting documents for Affidavit of Support:

  • W2 and copy of Federal income tax return (amendment 2018)
  • 2018 tax transcript (what we already have), as well as the letter explaining why he was not required to file
  • Copy of most recent pay stubs
  • Copy of email from current employer stating that they requesting for Employment Verification Form to be completed and email/fax back to USCIS (his employer does not provide letters to verify employment or income). We asked them multiple times and explained why we need such letter but they always redirect us to website that they use to verify employment/income.

 

I'm unsure if these documents suffice to support our application but these are all we have so far. Are we doing the right thing? Is there another way/evidence we need to provide? Please advise. This already sounds too complicated for me, and I'm trying to explain the situation the best I can in the hopes of getting sound advice on how to go about our application. On top of this, my visa expires by the end of this month so we are pressed with time, and I don't intend to unlawfully stay in the country and possibly hurt my chances of being approved of the application. I would appreciate all answers. Thank you in advance! 

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Posted (edited)
On 6/6/2019 at 7:33 AM, bubbles- said:
  • W2 and copy of Federal income tax return (amendment 2018)
  • 2018 tax transcript (what we already have), as well as the letter explaining why he was not required to file

You need ONE tax proof for tax year 2018 -or- an explanation why filing a tax return was not required. What you have written here is actually three things that contradict each other.

  1. W2 and copy of Federal income tax return (amendment 2018) YES use the correct tax return (amended) that shows both jobs and both W2s.
  2. 2018 tax transcript (what we already have), NO because you said it was not correct because you left off income.
  3. the letter explaining why he was not required to file. NO. He was required to file a tax return in 2018 so don't tell them he didn't need to file a return. This letter is only in the place of not filing at all. It is not to say you made a mistake filing the first time. 

 

On 6/6/2019 at 7:33 AM, bubbles- said:

Copy of email from current employer stating that they requesting for Employment Verification Form to be completed and email/fax back to USCIS (his employer does not provide letters to verify employment or income). We asked them multiple times and explained why we need such letter but they always redirect us to website that they use to verify employment/income.

An employer letter is OPTIONAL proof. It says that in the instructions for the form. So don't send excuses why you didn't send something not required. Or get somebody smart to help you figure out how to use their online system to print your own employment verification from that website.

Edited by Wuozopo

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