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Previous income too low

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Hi! Me and my husband (petitioner) got married on a K1-visa a month ago. We are currently assembling our AOS. We are having problems with the I-864. He is currently well above the 125% poverty line, but it's a new job so it's not reflected on any tax returns. His past tax returns does not meet the income requirement, but we have paystubs and a letter from his employer showing that he makes more than enough now. Should we use a joint sponsor to be on the safe side? We are both terrified of delays, as I am beyond ready to start working! For our I-134 we used his dad as a joint sponsor, but I was told at the embassy in Sweden that it wasn't necessary. But I know the I-864 is under more scrutiny than the I-134 is. Has anyone been in this situation and can share their experience? I'd be great to hear from someone with experience so it's not just guess work. Thank you!

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Although the I-864 is not as "loosely implemented" as the I-134, nonetheless the ideas still carry over. An applicant can show proof that you are now currently employed receiving an income above the minimum requirements. You do that with employment verification letters, recent paystubs, even bank statements showing deposits. Remember, showing tax returns is not a requirement but it's something that's highly recommended to show past income and stable current income. So, if your situation is different and doesn't necessarily benefit from showing tax returns, you may not have to.

Yes, it's kind of scary to ask them to believe your current situation rather than rely on your previous tax returns, but it's still the correct way to do it. 

Alternatively, you can, as you've suggested use a joint sponsor that you previously used for the K visa interview.

--Good Luck--

I learned the hard way...I hope you don't have to. Immigration is very interesting. I'm the author of Visatutor.com

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We were in a similar situation to you; my husband received a promotion to "full time" manager just five months before we applied for the AOS status; so we had no tax returns to prove his income, just the paystubs and a letter. We were approved without a request for more info or a sponsor (my husband was only just above the 125%) - so I think you will be fine!


But at the end of the day, it is whatever you feel most comfortable with. If you want to use a joint sponsor to be on the safe side, and they are willing to do so, then go ahead! You don't want to spend the next 6+ months worrying about whether you made a mistake after all. :)

AOS Visa Timeline:

Date format is MM/DD/YY


11/10/18 - Sent AOS Package to Chicago

11/15/18 - NOA1 Text Messages Received

11/21/18 - Biometrics Appointment Letter Received

12/7/18 - Biometrics Appointment

12/10/18 - Case Updated to "Notice Returned to USCIS, Unable To Deliver" (The NOA1s never arrived)

12/10/18 - Submitted Service Request for new NOA1

04/02/19 - Service Request for EAD is completed, replacement document ordered.

04/03/19 - EAD status updated to "New Card Being Produced".

04/04/19 - EAD and AP status updated to "Case Approved".

04/08/19 - Hard copy approval for EAD and AP (No Card)

04/08/19 - EAD and AP status updated to "Card was Picked Up by USPS"; tracking number provided.

04/08/19 - AOS status updated to "Ready to schedule for interview"

04/10/19 - EAD/AP Combo Card delivered

04/11/19 - SSN Received

04/11/19 - Interview Scheduled notification!

05/16/19 - Interview Date.......APPROVED

05/16/19 - New Card is being produced

05/20/19 - Approval notice received in the mail "Welcome to the USA"

05/20/19 - Card was Mailed (no tracking number :( )

05/21/19 - Card was picked up by USPS; tracking number provided

05/23/19 - Green Card in hand! ❤️

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