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t0+

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    t0+ got a reaction from Journey to Wells in I-864 Affidavit of support Question about Tax-Return   
    I just noticed that this was posted in the Adjustment of Status forum. I clicked on it from the main page. I am sorry, I think I need to make some clarifications:
    I am going to assume your are in the US now, right? Where ever I said NVC, replace that with USCIS. Also, where ever I wrote AOS, I actually meant Affidavit of Support and not Adjustment of Status. I could see confusion, in this forum AOS means Adjustment of Status. I hope this clears up somethings, rather than confuse. Everything else still holds true.
    Regarding your question, No you would not find out when you receive the NOA1, as this is only the receipt of your case. If USCIS determines that the evidence of income is not enough, you will get an RFE (request for evidence) stating why this finding was made and what additional evidence they require. The additional evidence in this case would probably be an I-864 from a joint sponsor(s).
    This is from the USCIS adjudicating manual:
    (E) Other Evidence of Income. For purposes of demonstrating means to maintain income, the total income, before deductions, in the sponsor’s tax return for the most recent taxable year will be generally determinative. There is no requirement to determine whether the sponsor would have met 125% (or 100%) of the governing Poverty Guideline before the most recent tax year. Income tax information from these years should only be used to take the earning trend into consideration when assessing current and future earning capability.
    USCIS, however, may consider other evidence of income (e.g., pay stub(s), employer letter(s), or both), if (1) the sponsor establishes that he/she was not legally obligated to file a Federal income tax return for the most recent tax year, or (2) USCIS determines that the income listed on the Federal tax return for the sponsor’s most recent tax year does not meet the governing threshold.
    In other words, if the sponsor’s current income is sufficient, it can establish that the Form I-864 itself is sufficient even if the tax return without any other documentation might warrant a finding that it is not sufficient. For example, if the sponsor recently started a new job (that USCIS is satisfied will likely continue) and the income from the job now meets or exceeds the legal requirement, USCIS may find the Affidavit of Support to be sufficient, notwithstanding information included in the transcript or copy of the tax return(s).
    By contrast, 8 CFR 213a.2©(2)(ii)© permits USCIS to conclude that a Form I-864 is not sufficient, even if the sponsor’s household income meets the Poverty Guideline threshold. USCIS should make this conclusion only if the evidence of record makes it “reasonable to infer that the sponsor will not be able to maintain his or her household income at a level sufficient to meet his or her support obligation.” For example, if the sponsor’s income is from a job that is merely temporary or seasonal, USCIS might reasonably conclude that the income is likely not to continue, and could also conclude that the Affidavit of Support, for that reason, is not sufficient.
    If the household income meets the Poverty Guidelines threshold, however, USCIS will generally conclude that the Form I-864 is sufficient. There must be some specific reason, supported by evidence in the record, to conclude that the Form I-864 is not sufficient.
    Source <<-------
    sorry about the confusion.
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