Affidavit of support after living out of country

[Itsmovietime1 0]

We applied for the spousal visa in March 2021, so we are still in the initial waiting game for USCIS approval (Texas service centre). I have a question about the affidavit of support which I am hoping you can assist with.

 

I've been looking into the form and it requests income for the previous 3 years. My wife (the U.S. citizen) lived in the UK with myself from 2018-2020, so she only has income from April 2020 to present. I can prove she was in the UK with me as we have her student visa with the dates on it. My question is, is income from the last year enough to satisfy? We don't have anybody to co-sponsor and we really don't want to wait another 2 years for two more taxes to be filed. Income wise, my partner earns $45,000 per year plus an additional $14,000 from the military as a disability payment for injuring her knee during service, that gives a combined income of around $59,000. The household size will be 4 (including me) which puts the poverty limit at $33,000. I have bank statements showing the salary and military payments going into her bank from last year, so I can include these in our application if it will help. She does own her house but it still has a long way to go on the mortgage so we can't use that, savings wise between us we probably have around $20-25,000 - so too low to include also.

 

If it matters, we have been together since 2016 and married since 2018.

 

Thanks all.

 

 

[Crazy Cat 39,218]

Although the I-864 requires her to enter her income (if she filed) for the past 3 years, Current annual income after relocating back to the US is king.... not what was/was not  reported in past years.  Unless she has current income which will continue after she relocates back to the US, I suggest she start looking for a joint sponsor.  Will her income continue? 

[Itsmovietime1 0]

1 minute ago, Lucky Cat said:

Although the I-864 requires her to enter her income (if she filed) for the past 3 years, Current annual income after relocating back to the US is king.... not what was/was not  reported in past years.  Unless she has current income which will continue after she relocates back to the US, I suggest she start looking for a joint sponsor.  Will her income continue? 

Oh, sorry, I should've made it clearer.

 

She moved back to the US in early 2020 just as Covid started to get serious. So she has been living and working in the US for well over a year now. She has a full time permanent federal job - so it will continue for a long time to come (hopefully!)

 

Thank you for replying!

[Crazy Cat 39,218]

2 minutes ago, Itsmovietime1 said:

Oh, sorry, I should've made it clearer.

 

She moved back to the US in early 2020 just as Covid started to get serious. So she has been living and working in the US for well over a year now. She has a full time permanent federal job - so it will continue for a long time to come (hopefully!)

 

Thank you for replying!

It sounds like her income is more than adequate. I don't see any problem there. Current income is king.  Good luck.

Edited June 15, 2021 by Lucky Cat

[SteveInBostonI130 3,319]

53 minutes ago, Itsmovietime1 said:

We applied for the spousal visa in March 2021, so we are still in the initial waiting game for USCIS approval (Texas service centre). I have a question about the affidavit of support which I am hoping you can assist with.

 

I've been looking into the form and it requests income for the previous 3 years. My wife (the U.S. citizen) lived in the UK with myself from 2018-2020, so she only has income from April 2020 to present. I can prove she was in the UK with me as we have her student visa with the dates on it. My question is, is income from the last year enough to satisfy? We don't have anybody to co-sponsor and we really don't want to wait another 2 years for two more taxes to be filed. Income wise, my partner earns $45,000 per year plus an additional $14,000 from the military as a disability payment for injuring her knee during service, that gives a combined income of around $59,000. The household size will be 4 (including me) which puts the poverty limit at $33,000. I have bank statements showing the salary and military payments going into her bank from last year, so I can include these in our application if it will help. She does own her house but it still has a long way to go on the mortgage so we can't use that, savings wise between us we probably have around $20-25,000 - so too low to include also.

 

If it matters, we have been together since 2016 and married since 2018.

 

Thanks all.

 

 

As @Lucky Cat stated, current income is the major deciding factor.

 

Your wife does need to explain why she did not file for 2018 and 2019 taxes.  Living in the UK is not a valid reason - US citizens need to report worldwide income.  Making less than the threshold to file taxes is a valid reason.  If she received the $14k disability payments in 2018 and 2019, that may or may not have been required to be reported.  You should verify.

 

 

[Wuozopo 4,285]

2 hours ago, Itsmovietime1 said:

My question is, is income from the last year enough to satisfy? We don't have anybody to co-sponsor and we really don't want to wait another 2 years for two more taxes to be filed.

To ease your concern—-Your tax returns for three years don’t have to qualify you. They just ask for numbers off those 3 returns. As long as she makes enough now (in the US) you don’t need an additional sponsor.