I-864 income requirement for the past 3 years

[Katie28 0]

So my husband is a US citizen and we just got our I-130 approved for my CR-1 visa which is so exciting!!! Now it’s time to submit more paperwork and I would like to see if someone else has been in a similar situation: my husband is also my sponsor of course and our household size is 2 (just me and him, no kids). His income is sufficient for the tax year 2019 (around 30000) and the current income (projected for 2020, around the same amount, a little less due to covid). However, he graduated university in 2018 so he wasn’t able to work a lot during his years as a full time student. In years 2017 and 2018 his income was only around 13000-14000. Would we need a joint sponsor to satisfy the I-864? Or is the fact that he was making enough money in 2019 and now in 2020 enough? I appreciate any feedback! Especially from those of you who were in a similar situation.

Edited April 18, 2020 by Katie28

[Crazy Cat 44,633]

CURRENT income is key.  Past tax filings just provide the Consulate Officer an idea of financial stability as a part of the overall financial picture.  Good luck.

[JFH 12,195]

You will be fine. His current income is good and he has a college degree so his earning potential should be above average. Are you also of working age and have some qualifications?

[Katie28 0]

1 hour ago, JFH said:

You will be fine. His current income is good and he has a college degree so his earning potential should be above average. Are you also of working age and have some qualifications?

Hi! Thanks for your input! Yes I also have a bachelors degree earned in US, I worked there in my field before I had to move back home. Both of our earning potentials are pretty good and he’s also earning a masters so we’re good as far as all that goes. I just wasn’t sure how much weight is put on previous incomes. I was thinking about us including a cover letter maybe explaining that his income was low before because he was a full time student. It only says to include assets, amount in your savings or a joint sponsor if your income isn’t sufficient, but it is sufficient. We don’t wanna include too much or too little. It’s hard to know what the right thing to do is I guess.

[Villanelle 4,123]

Personally I encourage you to send a cover letter of explanation. The Officer has discretion when approving or denying the 864. How much weight is put on previous income depends how the Officer views it. If its explained by the fact one was a full time student and has since graduated with a degree and obtained a well paying job in that field- then its little weight. However if the situation is the person has never worked more then part time/entry level jobs and now all of a sudden they have 2 jobs which puts them over the guidelines - well in that case their history can hold more weight as an indication of earning capabilities and consistency. Dont expect USCIS to connect the dots because they wont. The burden of proof is on you for this. 

 

I think you guys will be fine and qualify however if you dont they will RFE you for a co-sponsor. So theres no worry in sending it in with him as the only sponsor. 

[Katie28 0]

6 hours ago, Villanelle said:

Personally I encourage you to send a cover letter of explanation. The Officer has discretion when approving or denying the 864. How much weight is put on previous income depends how the Officer views it. If its explained by the fact one was a full time student and has since graduated with a degree and obtained a well paying job in that field- then its little weight. However if the situation is the person has never worked more then part time/entry level jobs and now all of a sudden they have 2 jobs which puts them over the guidelines - well in that case their history can hold more weight as an indication of earning capabilities and consistency. Dont expect USCIS to connect the dots because they wont. The burden of proof is on you for this. 

 

I think you guys will be fine and qualify however if you dont they will RFE you for a co-sponsor. So theres no worry in sending it in with him as the only sponsor. 

That makes sense and was also my train of thought. Thank you!

[Ryan H 3,902]

Moved from Progress Reports to Process & Procedures.

[pushbrk 13,641]

On 4/18/2020 at 9:38 AM, Lucky Cat said:

CURRENT income is key.  Past tax filings just provide the Consulate Officer an idea of financial stability as a part of the overall financial picture.  Good luck.

That is correct.  I want to add that projected income for 2020 is not a question asked in the process.  "Current income" is also not projected income for 2020.  Current income is for the employed person is their gross pay for a full pay period times then number of pay periods in a full year.  It's a projection for 365 days but not a "numbered year".

[Katie28 0]

8 hours ago, pushbrk said:

That is correct.  I want to add that projected income for 2020 is not a question asked in the process.  "Current income" is also not projected income for 2020.  Current income is for the employed person is their gross pay for a full pay period times then number of pay periods in a full year.  It's a projection for 365 days but not a "numbered year".

Ok, thank you! So along with the form one of the things that we need to include is the last 6 months of paystubs from my husband’s job. Would it be accurate to take an average of what he was paid over those 12 pay periods and multiply it by 24 and write that down in the current income spot? But then that would be his net income not gross income wouldn’t it? He is paid hourly so he doesn’t get paid the same amount every 2 weeks. That’s how I understood what current income meant, since you don’t actually KNOW how much you will make in 2020 with an hourly paid job.

Edited April 20, 2020 by Katie28