Using current income for i-864

[Helena55 3]

Hello!

Last year my sponsor’s income was extremely low due to covid. This year he got a new job, and his salary is high, but since they ask to provide his last year tax return, to prove the income (which doesn’t make any sense, how can his past income prove he is eligible to sponsor me now) the income, shown there, it insufficient to sponsor me. 
Is it possible to use his current income for I-864 instead of the one listed on the last year tax return? What documents should he provide to prove that his current income is enough to be my sponsor?

[JeanneAdil 6,257]

 

The USC only needs 100% and fills out the I 134 not the I 864 as this is  a K1 according to your timeline

 

he can send letter from employer with current income for the interview 

 

[Chancy 6,233]

59 minutes ago, Helena55 said:

Is it possible to use his current income for I-864 instead of the one listed on the last year tax return?

 

Are you asking about the affidavit of support for K1 visa interview?  Or about the requirement for adjustment of status after US entry?  Please clarify so this thread can be moved to the proper forum.

 

[JeanneAdil 6,257]

8 minutes ago, Chancy said:

 

Are you asking about the affidavit of support for K1 visa interview?  Or about the requirement for adjustment of status after US entry?  Please clarify so this thread can be moved to the proper forum.

 

Reading timeline the case went to embassy for interview in May 2022 and that is interview is scheduled for September 2022 so not AOS yet

it's just K1

[Chancy 6,233]

1 minute ago, JeanneAdil said:

Reading timeline the case went to embassy for interview in May 2022 and that is interview is scheduled for September 2022 so not AOS yet

it's just K1

 

OP could be asking about future process requirements, which is perfectly acceptable.  Hence the need for clarification on the intent for this thread.

 

[beloved_dingo 1,939]

1 hour ago, Helena55 said:

Hello!

Last year my sponsor’s income was extremely low due to covid. This year he got a new job, and his salary is high, but since they ask to provide his last year tax return, to prove the income (which doesn’t make any sense, how can his past income prove he is eligible to sponsor me now) the income, shown there, it insufficient to sponsor me. 
Is it possible to use his current income for I-864 instead of the one listed on the last year tax return? What documents should he provide to prove that his current income is enough to be my sponsor?

The USC does not complete the I-864 during the K-1 visa process, they complete a I-134. The I-134 is generally not at strict as the I-864 and it is not binding.

 

To answer your question, to prove current income we used paystubs and a letter from my employer on letterhead stating my salary and hire date. Had no issues at all.  

[Helena55 3]

1 hour ago, Chancy said:

 

Are you asking about the affidavit of support for K1 visa interview?  Or about the requirement for adjustment of status after US entry?  Please clarify so this thread can be moved to the proper forum.

 

I’m asking for the future process to see if we need to start looking for a sponsor or not. I am well aware that I need i-134 for the interview. However very soon we’ll need to file AOS and we want to start preparing for that.

Edited June 29, 2022 by Helena55

[Helena55 3]

1 hour ago, beloved_dingo said:

The USC does not complete the I-864 during the K-1 visa process, they complete a I-134. The I-134 is generally not at strict as the I-864 and it is not binding.

 

To answer your question, to prove current income we used paystubs and a letter from my employer on letterhead stating my salary and hire date. Had no issues at all.  

Yes, I know I need I-134 for the interview, but since we’ll need to file AOS just in a few months we want to know if my fiancé can sponsor me or if we have to start looking for a joint sponsor.

[Helena55 3]

2 hours ago, JeanneAdil said:

 

The USC only needs 100% and fills out the I 134 not the I 864 as this is  a K1 according to your timeline

 

he can send letter from employer with current income for the interview 

 

I’m asking about I-186 for the future, when we file AOS. We already have I-134 filled out for the interview, so that wasn’t my question.

[Chancy 6,233]

1 minute ago, Helena55 said:

I’m asking for the future process to see if we need to start looking for a sponsor or not. I am well aware that I need i-134 for the interview. However very soon we’ll need to file AOS and we start preparing for that.

 

Thanks for the clarification, and good job preparing in advance for the process after US entry.  As for evidence of current income, you may submit recent paystubs and employment letter, as mentioned by @beloved_dingo

 

*** Moved from AOS Progress Reports to AOS from K1 Visas forum ***

 

[Helena55 3]

Just now, Chancy said:

 

Thanks for the clarification, and good job preparing in advance for the process after US entry.  As for evidence of current income, you may submit recent paystubs and employment letter, as mentioned by @beloved_dingo

 

*** Moved from AOS Progress Reports to AOS from K1 Visas forum ***

 

Thank you!

So he can sponsor me based on his current actual income, not his last year income, correct?

[Chancy 6,233]

1 minute ago, Helena55 said:

So he can sponsor me based on his current actual income, not his last year income, correct?

 

Yes, he may use his current income, if it is above the minimum required amount and he is not self-employed.

 

[Helena55 3]

5 minutes ago, Chancy said:

 

Yes, he may use his current income, if it is above the minimum required amount and he is not self-employed.

 

Technically he is self-employed. He works as an independent contractor. He got a contract and a letter from the company he works for that states that his position is rather permanent. Will this not work for sponsoring i-864? He income is well above the minimum required amount