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Posted

Hello fellow VJers,

 

I'm going thru the process of bringing my spouse to the States and now we are at the stage of me submitting my I864, but since I didn't earn as much money in '20, would my '19 and '18 returns, that cross the national poverty threshold of 21,550 suffice or I would need a joint sponsor for only the year 2020? Since NVC requires the most recent tax returns. And would I need to provide information on 2020 taxes only or 2019 and 2018 as well?

And when I do get a joint sponsor for the last years' returns, what documents would I need from him to provide to NVC? Thanking you all for your sincere expert opinion in advance.

Filed: F-2A Visa Country: Nepal
Timeline
Posted (edited)

What about your current income? That determines if you need a joint sponsor, not those prior years.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)

For the I-864, You must prove current annual income. CURRENT income is king....not what you earned in the past.  Current annual income is calculated using a current pay stub.

Gross income for CURRENT pay period X number of pay periods per year (12 months) = CURRENT annual income

You MUST provide tax documents for the most recent tax year.  They will likely ask for 2020 tax year documents.  You can also include tax documents for the 2nd & third most recent tax years if you wish. The Consulate Officer will evaluate the entire financial picture and will then make a determination regarding your qualification eligibility.  Joint sponsors must provide the same information as the primary sponsor.

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (apr) Country: Russia
Timeline
Posted

I agree, it all depends on current income.  If you do not meet the income requirements currently, then a joint sponsor will be needed, and they will have to submit the same evidence as anyone would who is filing an I864.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Posted

Thank you for the replies, my income for 2020 falls below $21,550, so I will definitely be needing a joint sponsor for it. I don't have pay stubs since I'm self-employed. So I'm only required to send them tax returns for 2020 along with my joint sponsors' 2020 returns in the form of official IRS transcripts? Returns from 2019 and 2018 are optional and not required from either one of us right?

Filed: K-1 Visa Country: Wales
Timeline
Posted

And your current income?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
6 hours ago, Lazy Monk said:

Thank you for the replies, my income for 2020 falls below $21,550, so I will definitely be needing a joint sponsor for it. I don't have pay stubs since I'm self-employed. So I'm only required to send them tax returns for 2020 along with my joint sponsors' 2020 returns in the form of official IRS transcripts? Returns from 2019 and 2018 are optional and not required from either one of us right?

Did you read my post?   CURRENT income is king.....NOT what was reported on tax forms (except for sponsor who are  self-employed).  CURRENT income determines qualifications.  I also answered about 2018 and 2019 tax documents.  If you are self-employed, you probably do need a joint sponsor.  Good luck.

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (pnd) Country: Brazil
Timeline
Posted
6 hours ago, Lazy Monk said:

Thank you for the replies, my income for 2020 falls below $21,550, so I will definitely be needing a joint sponsor for it. I don't have pay stubs since I'm self-employed. So I'm only required to send them tax returns for 2020 along with my joint sponsors' 2020 returns in the form of official IRS transcripts? Returns from 2019 and 2018 are optional and not required from either one of us right?

You're getting confused with the requirements. 

 

There's one requirement for CURRENT annual income. That's based on your payment per pay period. (For example, your current salary, or your hourly rate times 40x52). This is the number that's gonna be compared to the poverty line. Forget about tax return for this question.

 

The second requirement is for the total income line of your latest tax return. This number shouldn't be compared to the poverty line, unless you're self employed or you want to show that your current income has been consistent.

 

Now that you know the difference, what's you current salary or hourly rate?

Filed: Citizen (apr) Country: England
Timeline
Posted (edited)
10 hours ago, Lazy Monk said:

Thank you for the replies, my income for 2020 falls below $21,550, so I will definitely be needing a joint sponsor for it. I don't have pay stubs since I'm self-employed. So I'm only required to send them tax returns for 2020 along with my joint sponsors' 2020 returns in the form of official IRS transcripts? Returns from 2019 and 2018 are optional and not required from either one of us right?

A self-employed person as yourself has to go with the tax returns.


Folks commenting on current income: He can’t determine income until the tax year has ended and he has determined his business deductions and profit or loss from a business on Schedule C and filed the return.

 

To the OP: your latest tax return is 2019 if signed and submitted to NVC prior to tax filing deadline of May 17.. Your [unknown] embassy could ask for a newer tax return, but they are not supposed to if submitted before tax due day.  But if you have already filed 2020 with the IRS, then it’s your latest. 
 

Your previous two years are indeed optional, but if they show good income, then it is to your advantage to send them. 
 

If you have a  joint sponsor, that person completes an I-864 as well and includes their most recent tax return and proof of US citizenship or LPR status. If their tax return is joint with a spouse, the total income is lumped together and your sponsor must clearly show his/her separate income qualifies with something like an employer letter, six months pay stubs, or their W2.
 

Alternatively, they may also write in the spouse as Person 1 (on their form) a household member who is contributing to the sponsorship. If doing that, Person 1 completes an I-864a supporting his spouse pledging use of his income toward sponsorship. The details are in the instructions for the I864 and I-864a. 
 

if your spouse has some savings, it can be used by you to bump you over the threshold. See the I-864 instructions and read the part about how the intending immigrant can help. 

 

Edited by Wuozopo
Posted
7 hours ago, Wuozopo said:

A self-employed person as yourself has to go with the tax returns.


Folks commenting on current income: He can’t determine income until the tax year has ended and he has determined his business deductions and profit or loss from a business on Schedule C and filed the return.

 

To the OP: your latest tax return is 2019 if signed and submitted to NVC prior to tax filing deadline of May 17.. Your [unknown] embassy could ask for a newer tax return, but they are not supposed to if submitted before tax due day.  But if you have already filed 2020 with the IRS, then it’s your latest. 
 

Your previous two years are indeed optional, but if they show good income, then it is to your advantage to send them. 
 

If you have a  joint sponsor, that person completes an I-864 as well and includes their most recent tax return and proof of US citizenship or LPR status. If their tax return is joint with a spouse, the total income is lumped together and your sponsor must clearly show his/her separate income qualifies with something like an employer letter, six months pay stubs, or their W2.
 

Alternatively, they may also write in the spouse as Person 1 (on their form) a household member who is contributing to the sponsorship. If doing that, Person 1 completes an I-864a supporting his spouse pledging use of his income toward sponsorship. The details are in the instructions for the I864 and I-864a. 
 

if your spouse has some savings, it can be used by you to bump you over the threshold. See the I-864 instructions and read the part about how the intending immigrant can help. 

 

Thank you, this is so far the most accurate and helpful answer to my questions. I have filed my 2020 taxes already so I'll have to send them transcript for last year because I don't want them to send me an RFE later on which will delay the process. And yes, my spouse is currently working overseas and she does have savings which to my surprise can contribute to our joint income/assets.

"Folks commenting on current income: He can’t determine income until the tax year has ended and he has determined his business deductions and profit or loss from a business on Schedule C and filed the return." Thank you once again for clarifying this to others.

 

Filed: Citizen (apr) Country: England
Timeline
Posted (edited)
2 hours ago, Lazy Monk said:

@Wuozopo, should I put my annual gross or net income where it is asked on form I864?

Gross income is what is normally used when calculating current income with a salary. Income before taxes or insurance are taken out of the paycheck.

For you as self employed, put whatever is documented on your tax return on the line that says total income. On the 2020 return, that is Line 9.
 

You have to reduce your gross receipts by the deductions you take on Schedule C to come up with your business profit, which is akin to gross salary for a person who is an “employee”. Since you have no payslips or employer letter for written proof, you need to go with the “total income” line on your 2020 return.

Edited by Wuozopo
Filed: Other Country: Saudi Arabia
Timeline
Posted (edited)
On 5/6/2021 at 9:11 AM, Lazy Monk said:

Thank you for the replies, my income for 2020 falls below $21,550, so I will definitely be needing a joint sponsor for it. I don't have pay stubs since I'm self-employed. So I'm only required to send them tax returns for 2020 along with my joint sponsors' 2020 returns in the form of official IRS transcripts? Returns from 2019 and 2018 are optional and not required from either one of us right?

So you’re required to send 2020 tax return (and) proof of 2021 income in the form of cash flow, bank statements, the works whether you are self - employed or not

Edited by Nitas_man
Filed: Citizen (apr) Country: England
Timeline
Posted
18 hours ago, Nitas_man said:

So you’re required to send 2020 tax return (and) proof of 2021 income in the form of cash flow, bank statements, the works whether you are self - employed or not

I don’t think it works that way. 2021 cash flow and bank statements are useless really until the year ends and the final numbers for 2021 are filed with the associated business schedules.  London in particular will not be wanting to look at bank statements for proof of income unless it’s proving some substantial cash assets by the petitioner or beneficiary. He needs to stick with what his total income Line for 2020 says and supplement with both their assets or have a joint sponsor in their back pocket. 

Filed: Other Country: Saudi Arabia
Timeline
Posted
23 minutes ago, Wuozopo said:

I don’t think it works that way. 2021 cash flow and bank statements are useless really until the year ends and the final numbers for 2021 are filed with the associated business schedules.  London in particular will not be wanting to look at bank statements for proof of income unless it’s proving some substantial cash assets by the petitioner or beneficiary. He needs to stick with what his total income Line for 2020 says and supplement with both their assets or have a joint sponsor in their back pocket. 

What USCIS at one time had on their web page -

 

Letter stating nature and type of business

6 months of bank statements

Three years of either transcripts or returns with all schedules

Business license or other documentation that you have a valid business

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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