I-864 question

[won987 0]

My current annual income for 2023 is comfortably above the 125% poverty level guideline (almost double), but I was unemployed for my most recent tax return (2022) so I only have a couple hundred income from my savings account interest. 

 

I plan to upload tax transcripts from all 3 recent years, and my 2021 and 2020 total income both triple the 125% poverty level guideline. I also plan to upload a letter from my employer (employment verification letter), along with the 5 months of paystubs I received during my employment that started this January. 

 

My I-864 form specifically states my current annual income will be used to determine if my income is above the minimum threshold, but I've been reading a few conflicting opinions that the NVC would look at my most recent tax return (2022) to determine that. Would I need a joint sponsor, or is this nothing to worry about? Should I include a note saying I was unemployed from quitting my job to pursue another career during my most recent tax return, but I had a steady job for 5 consecutive years before that?

Edited June 13, 2023 by won987

[SalishSea 16,835]

1 hour ago, won987 said:

My current annual income for 2023 is comfortably above the 125% poverty level guideline (almost double), but I was unemployed for my most recent tax return (2022) so I only have a couple hundred income from my savings account interest. 

 

I plan to upload tax transcripts from all 3 recent years, and my 2021 and 2020 total income both triple the 125% poverty level guideline. I also plan to upload a letter from my employer (employment verification letter), along with the 5 months of paystubs I received during my employment that started this January. 

 

My I-864 form specifically states my current annual income will be used to determine if my income is above the minimum threshold, but I've been reading a few conflicting opinions that the NVC would look at my most recent tax return (2022) to determine that. Would I need a joint sponsor, or is this nothing to worry about? Should I include a note saying I was unemployed from quitting my job to pursue another career during my most recent tax return, but I had a steady job for 5 consecutive years before that?

You should be totally fine.  Current income (payslips) IS more important than past income (tax transcripts).  You could include a note of explanation with the tax transcripts, but the focus will be on the payslips, so you should be good to go.

[SteveInBostonI130 3,328]

The CO will look at the totality of your current and previous income.  The 125% is the bare minimum to be considered - the CO may require more.  

 

In your case, I do not see an issue.  It always helps to have a joint sponsor lined up just in case.  Don't submit one (joint sponsor), but if they demand one at the interview then your spouse can submit it right away.

[won987 0]

Thank you both for taking the time to respond. One lingering question I still have is, I did talk to a lawyer friend, and she mentioned I should still include my bank+checking account funds, and even go ahead with submitting a joint sponsor's I-864 as well, to avoid future RFE's due to my concerning 2022 tax transcript when I was unemployed. Would doing all this hurt my case in any way? Or would worst case scenario be the officer just ignores the extra information and joint sponsor if my overall income for the past 3 years is good enough.

Edited June 13, 2023 by won987

[Mike E 11,725]

21 minutes ago, won987 said:

 I did talk to a lawyer friend, and she mentioned I should still include my bank+checking account funds

If she means submitting these to NVC, I agree.

21 minutes ago, won987 said:

and even go ahead with submitting a joint sponsor's I-864 as well,

If she means submitting this to NVC, I disagree. Do not entangle a joint sponsor unless necessary.

21 minutes ago, won987 said:

to avoid future RFE's due to my concerning 2022 tax transcript when I was unemployed. Would doing all this hurt my case in any way?

no

21 minutes ago, won987 said:

Or would worst case scenario be the officer just ignores the extra information and joint sponsor if my overall income for the past 3 years is good enough.

Have the joint sponsor as a backup plan B. 
 

At interview, if the CO says, “you need a joint sponsor”, then the beneficiary should hand over the joint sponsor I-864.

 

If the joint sponsor if married and If the CO then says, “nope you also need an I-864a”, have an I-864a from the joint sponsor’s spouse.
 

Your ideal joint sponsor, should:

 

* be a W-2 worker

* have tax return transcripts showing sufficient income 2020, exceeded by 2021, and exceeded by 2022,

* have current income (defined as income for next 12 months) that exceeds 2022

* has pay stubs for all of 2023 

[won987 0]

9 minutes ago, Mike E said:

If she means submitting these to NVC, I agree.

If she means submitting this to NVC, I disagree. Do not entangle a joint sponsor unless necessary.

no

Have the joint sponsor as a backup plan B. 
 

At interview, if the CO says, “you need a joint sponsor”, then the beneficiary should hand over the joint sponsor I-864.

 

If the joint sponsor if married and If the CO then says, “nope you also need an I-864a”, have an I-864a from the joint sponsor’s spouse.
 

Your ideal joint sponsor, should:

 

* be a W-2 worker

* have tax return transcripts showing sufficient income 2020, exceeded by 2021, and exceeded by 2022,

* have current income (defined as income for next 12 months) that exceeds 2022

* has pay stubs for all of 2023 

 The joint sponsor I plan to use is my mother who is divorced. She is, however, self-employed so I'm not sure if that would be a cause for concern - but she does earn well above the minimum required level. 

 

I'm wondering what is the reason for not involving a joint sponsor yet when I submit our documents to the NVC. I'm guessing this will complicate things?

[Mike E 11,725]

24 minutes ago, won987 said:

She is, however, self-employed so I'm not sure if that would be a cause for concern - but she does earn well above the minimum required level

Self-employed sponsors are a challenge to get approved. It requires a deep understanding of  I-864 and its instructions. You can try to get some good hits via:

 

    Self employed sponsor site:visajourney.com 

 

at a web search engine 

 

29 minutes ago, won987 said:

I'm wondering what is the reason for not involving a joint sponsor yet when I submit our documents to the NVC. I'm guessing this will complicate things?

Because it is a burden on your mother. For her, this is the worst case scenario:

 

https://media.ca11.uscourts.gov/opinions/pub/files/201914668.pdf
 

 

[won987 0]

On 6/12/2023 at 9:35 PM, Mike E said:

Self-employed sponsors are a challenge to get approved. It requires a deep understanding of  I-864 and its instructions. You can try to get some good hits via:

 

    Self employed sponsor site:visajourney.com 

 

at a web search engine 

 

Because it is a burden on your mother. For her, this is the worst case scenario:

 

https://media.ca11.uscourts.gov/opinions/pub/files/201914668.pdf
 

 

Thank you for your advice. We recently got DQ’d and my wife received her interview letter. We did receive a notice saying the CO may require a joint sponsor and I am preparing to still use my mom as a backup joint sponsor since she is the only other sponsor I can ask. 
 

The dilemma I have now is I am wondering if my mother, who I am living with and we share meals together, could be counted as a household member. I don’t know if she would be considered elderly since she is still under 65, and I am over 18. If so, could I just prepare an i-864a form to combine our income and update my i-864 document with an additional household member (my mom) to bring to the interview? 
 

Thank you for your help!

[Mike E 11,725]

31 minutes ago, won987 said:

who I am living with and we share meals together, could be counted as a household member

She could. It is more complexity to take that route, but one advantage is you can add her income to your household income to qualify based on your household income.

 

So your plan C would be your beneficiary  brings an alternative I-864 from you that includes an I-864a from your mother,