How long do you need to be at a job before using it as a basis to file I-864?

[ztiberiusd 38]

I know this question is kind of like asking how long is a piece of rope, but perhaps I can describe my circumstances and someone could make an educated guess at how long the CO would want to see me in a job role before approving the I-864 for my wife's case. 

 

We are both still living in New Zealand completing our second Bachelor's degrees. At the end of the year we will hold four degrees between the two of us, which I think provides a great earning potential when looking at totality of circumstances and lowering the risk of my wife becoming a public charge. Because we have been living in NZ and studying, I don't have any US-based income in the last three years. We will finish our degrees in November and I plan on moving to the US and into a job immediately. I predict that I will be able to find a job paying $50-60k. So I will file taxes with the IRS at the end of 2021 with one month's worth of US-based income, and then how long should I expect to work before filing the I-864 with pay stubs and employer letter? 

 

We are coming from a very low-fraud country. I am aware of the "six months of pay stubs" language used in the I-864 instructions, but as @pushbrk has repeatedly pointed out in threads that I've read, one pay stub is sufficient to show your current income, and YTD income is basically irrelevant as long as current income is above the threshold. But then this poses the question, what would be the harm in getting a job at the end of November, working all of December and then sending the I-864 in Jan-Feb 2022 with a pay stub, employer letter and 2021 tax transcript? Is that likely to be denied by the CO as there is not enough history of current income? 

 

Maybe this is a question which cannot just be easily answered as they look at the totality of circumstances and it's subjective, but also surely the CO will acknowledge that I've been residing overseas and studying, hence not a longer history of US-based income, in addition to the fact that we have decent earning potential between the two of us given our education, and the fact we're coming from a low-fraud country? Or am I being too hopeful? My current understanding is that I'd need to work for six months, so I could send I-864 in early June 2022 and my wife could join me in the US in August-September 2022 if all went well, but 10-12 months is definitely longer than we would want to be separated if at all possible.

 

As a side note, joint sponsor is practically out of the question. I had someone lined up but they changed their mind, and I'd rather not ask anyone else as I don't think it's likely that I could find someone who will do it.

 

Any advice is hugely appreciated. 🙏

[Mike E 11,723]

1 hour ago, ztiberiusd said:

But then this poses the question, what would be the harm in getting a job at the end of November, working all of December and then sending the I-864 in Jan-Feb 2022 with a pay stub, employer letter and 2021 tax transcript?

 

the key is what will you enter for the answer to:

 

“my current annual income is” ?

 

 

Edited June 7, 2021 by Mike E

[ztiberiusd 38]

4 minutes ago, Mike E said:

 

the key is what will you enter for the answer to:

 

“my current annual income is” ?

 

 

Whatever my current annual income is at the time. So, $50-60k I'm hoping. 

 

So in your opinion that would be sufficient for the CO to accept it as sufficient for AOS? 

[Mike E 11,723]

42 minutes ago, ztiberiusd said:

Whatever my current annual income is at the time. So, $50-60k I'm hoping. 
 

good answer!

 

Quote

 

So in your opinion that would be sufficient for the CO to accept it as sufficient for AOS? 

Yes.  
 

A clean I-864 as you originally proposed  in your OP has a high chance of success.  You satisfy the tax return / transcript requirement and the current income requirement.  
 

btw I asked my question due to 

https://www.visajourney.com/forums/topic/764518-sponsorship-merged-topics/#comments where I believe the answer to the current income question was the 2020 actual income, and this error set in motion a cascade of errors.  
 

You seem to have a great handle on this though.  

Edited June 7, 2021 by Mike E

[Crazy Cat 39,211]

1 hour ago, ztiberiusd said:

But then this poses the question, what would be the harm in getting a job at the end of November, working all of December and then sending the I-864 in Jan-Feb 2022 with a pay stub, employer letter and 2021 tax transcript? Is that likely to be denied by the CO as there is not enough history of current income? 

The CO has your employment history, tax history, etc.  The CO considers the entire financial picture. But @pushbrk is correct. For current annual income, you need only one pay stub.  Calculate current annual income as follows:

Gross income for current pay period X number of pay periods per year.

Edited June 7, 2021 by Lucky Cat

[ztiberiusd 38]

59 minutes ago, Lucky Cat said:

The CO has your employment history, tax history, etc.  The CO considers the entire financial picture.

Am I correct in believing the CO only has what I've provided through NVC/USCIS and anything my wife presents at the interview (if required)? 

 

I have never worked in the United States and have only filed taxes in 2020 (with my NZ income) as I have never made enough money previously to be required to file taxes. But by the time I complete I-864 I'll have filed in 2020 and 2021 and can write an explanation for why I wasn't required to file in 2019. 

 

I understand that the CO considers the entire financial picture but I just wonder how understanding they would be about the fact that we're 22 and at the time of filing I-864 will be recently finished college in New Zealand. Surely this would indicate that I (USC) had no prior ability to make US-based income due to my age and circumstances.

 

My wife and I have every intent of using our degrees to attain full-time jobs in the US but I'm concerned that only 1-2 months of full time employment in the US will not be seen as enough evidence to push the case over the line.

 

As a follow-up question to that, what happens if we submit the I-864 to NVC in January '22 (for example) and my wife interviews in Feb-March, and the CO says that there isn't enough history of US-based income and denies the application. Would she have to go back for another interview once I had a few more months of employment under my belt or could they "pre-approve" the case (so to speak) and approve it once I could provide evidence of a few more months employment? 

 

I would really hope that the CO understood the overall situation. I wouldn't think that this were a totally uncommon situation but it does seem like there have been more and more joint sponsors requested lately as COs don't feel people's financial situations can stand on their own, even when their current income is sufficient. Sometimes it's hard to feel optimistic about getting a good result at the interview but we won't know until we do it I suppose. 

[Crazy Cat 39,211]

4 minutes ago, ztiberiusd said:

Am I correct in believing the CO only has what I've provided through NVC/USCIS and anything my wife presents at the interview (if required)? 

 

I have never worked in the United States and have only filed taxes in 2020 (with my NZ income) as I have never made enough money previously to be required to file taxes. But by the time I complete I-864 I'll have filed in 2020 and 2021 and can write an explanation for why I wasn't required to file in 2019. 

 

I understand that the CO considers the entire financial picture but I just wonder how understanding they would be about the fact that we're 22 and at the time of filing I-864 will be recently finished college in New Zealand. Surely this would indicate that I (USC) had no prior ability to make US-based income due to my age and circumstances.

 

My wife and I have every intent of using our degrees to attain full-time jobs in the US but I'm concerned that only 1-2 months of full time employment in the US will not be seen as enough evidence to push the case over the line.

 

As a follow-up question to that, what happens if we submit the I-864 to NVC in January '22 (for example) and my wife interviews in Feb-March, and the CO says that there isn't enough history of US-based income and denies the application. Would she have to go back for another interview once I had a few more months of employment under my belt or could they "pre-approve" the case (so to speak) and approve it once I could provide evidence of a few more months employment? 

 

I would really hope that the CO understood the overall situation. I wouldn't think that this were a totally uncommon situation but it does seem like there have been more and more joint sponsors requested lately as COs don't feel people's financial situations can stand on their own, even when their current income is sufficient. Sometimes it's hard to feel optimistic about getting a good result at the interview but we won't know until we do it I suppose. 

The CO will have the tax information and current income info for the sponsor at the time of the interview.   The CO will not deny the visa based on lack of income.  The CO would ask for a joint sponsor. Your situation is far from unique.  If in doubt, find a well qualified joint sponsor in the US, and be prepared to present his/her I-864, tax documents, and current income evidence.

[ztiberiusd 38]

2 minutes ago, Lucky Cat said:

The CO will have the tax information and current income info for the sponsor at the time of the interview.   The CO will not deny the visa based on lack of income.  The CO would ask for a joint sponsor. Your situation is far from unique.  If in doubt, find a well qualified joint sponsor in the US, and be prepared to present his/her I-864, tax documents, and current income evidence.

I don't mean deny the visa as in totally reject the visa overall and make us start again, but I just wasn't sure if she'd have to return for a second interview if we were unable to get a joint sponsor. A joint sponsor pretty much isn't an option unfortunately. 

 

Or did you mean that given the circumstances I've provided, you're fairly confident that the CO would approve the visa as the income would be sufficient?

 

Pardon my ignorance! 😕 Really appreciate your help by the way.

 

 

[Crazy Cat 39,211]

3 minutes ago, ztiberiusd said:

I don't mean deny the visa as in totally reject the visa overall and make us start again, but I just wasn't sure if she'd have to return for a second interview if we were unable to get a joint sponsor. A joint sponsor pretty much isn't an option unfortunately. 

 

Or did you mean that given the circumstances I've provided, you're fairly confident that the CO would approve the visa as the income would be sufficient?

 

Pardon my ignorance! 😕 Really appreciate your help by the way.

 

 

1.  Generally, COs will issue the applicant a 221g requiring additional documents (joint sponsor records), but will not normally require a 2nd interview.

2.  I cannot predict what the CO will say.  I would try to find a joint sponsor, just in case.  A joint sponsor can be any qualified US citizen or legal resident domiciled in the US.

[ztiberiusd 38]

53 minutes ago, Lucky Cat said:

1.  Generally, COs will issue the applicant a 221g requiring additional documents (joint sponsor records), but will not normally require a 2nd interview.

I'm assuming there's a deadline for replying to the 221g. What happens if we can't find a joint sponsor and we just provide further evidence of pay stubs? Can we ask for an extension to the 221g?

54 minutes ago, Lucky Cat said:

2.  I cannot predict what the CO will say.  I would try to find a joint sponsor, just in case.  A joint sponsor can be any qualified US citizen or legal resident domiciled in the US.

I understand. So would you suggest that waiting longer and accruing more work history in the US (ie 6 months or longer) would bring a higher chance of success of sponsoring alone? 

[Crazy Cat 39,211]

8 minutes ago, ztiberiusd said:

I'm assuming there's a deadline for replying to the 221g. What happens if we can't find a joint sponsor and we just provide further evidence of pay stubs? Can we ask for an extension to the 221g?

I don't recall seeing a deadline on 221gs.   However, medical exams expire 6 months after they are done, so prompt response is the best course of action.

[pushbrk 12,104]

9 hours ago, Lucky Cat said:

The CO has your employment history, tax history, etc.  The CO considers the entire financial picture. But @pushbrk is correct. For current annual income, you need only one pay stub.  Calculate current annual income as follows:

Gross income for current pay period X number of pay periods per year.

How to document income is a separate question from, how likely are you too qualify on your own based on the totality of your circumstances.

 

If you have a history of making a good income, took some time off, and are now back to work, chances are good.  The result will be a judgment call based on totality of circumstances.  How long you've been at the current job is just ONE of however many factors there are in YOUR circumstances.

[ztiberiusd 38]

19 minutes ago, pushbrk said:

If you have a history of making a good income, took some time off, and are now back to work, chances are good.  The result will be a judgment call based on totality of circumstances.  How long you've been at the current job is just ONE of however many factors there are in YOUR circumstances.

As a 22 year old college student, admittedly I don't have a history of making a good income, especially not in the US. I do believe my wife and I have potential to make good and consistent income in the future though. With that in mind, would you advise accruing a longer work history before filing the AOS? 

[pushbrk 12,104]

1 minute ago, ztiberiusd said:

As a 22 year old college student, admittedly I don't have a history of making a good income, especially not in the US. I do believe my wife and I have potential to make good and consistent income in the future though. With that in mind, would you advise accruing a longer work history before filing the AOS? 

That would be an alternative to a joint sponsor but you may still need a joint sponsor.

[ztiberiusd 38]

1 minute ago, pushbrk said:

That would be an alternative to a joint sponsor but you may still need a joint sponsor.

I know I'm asking questions that may just not be able to be be answered by users of VJ, but indulge me anyway:

If a joint sponsor was completely not an option at all, with my situation, approximately how many months of work history would a CO be looking for in order to approve my wife's GC with me as the sole sponsor?