aoifee

forgot to say...maybe if he's been unemployed, he will need a co-sponsor

Really?

My fiance was born in the US but lived in Ireland and England since a few months old. He just moved back to America last year. Since then he worked a 3 month contract during the 2008 tax year and he has been employed since April this year. I understood from the various forums and USCIS literature that subject to the primary sponsor having employment at 125% poverty line and two of the listed supporting documents we would be okay. Am I wrong???? We don't have a co-sponsor option.

Guys - i love this forum and i love you all for being such a great source of information, help and support over the many months this whole process has taken and will take (AOS etc)

I am ecstatically happy things are moving forward again - I finally got an interview date for 15th JUNE at 8am. (Fiance lost his job last Sept which held the process up by 6 WHOLE MONTHS!!!) After such a long wait I am suddenly in a total panic.

A quick question I hope you can help with. Slightly off topic - apologies.

The Affidavit of Support requires two documents of support. Everyone on this thread seems to be referring to the tax return. Is that essential? I am using payslips and letter from employer.... Sudden freak out on my part. I'm sure you all understand. Fingers crossed I'm okay with what I have.

Best of luck with upcoming interviews and look forward to seeing lots more red stars.

Aoife

Meant to post this in the UK interview thread. Can't figure out how to move it. Sorry!!

I am in exactly the same situation. Last September I was about to send in all packet 3 documentation when my fiance lost his job. We do not have the option of a co-sponsor and so had to wait until April this year when my fiance eventually got another job (not a good job, pay is pretty bad but it's a means to an end).

Bear in mind he needs to be earning only $19000 to qualify as a sponsor. There are a lot of jobs which fall into this bracket.

Good luck and most importantly be patient.

I would find a co-sponsor, just in case. They may not request it, but there may not be enough earnings history there to satisfy USCIS.

Exactly what I am worried about. Do you guys think we have sufficient earnings history?

We don't have any relatives in the US or friends we know well enough to sponsor us....eeek!!!

2) should he file tax returns for previous years (I know USC should in theory but he didn't even get a SSN until Feb last year etc so does this apply in his case)?

He will have to explain why, as an USC, he didn't file taxes, even if they are abroad, when you file the I-864.

If you were not required to file a Federal income tax return under U.S. taxlaw because your income was too low, attach a written explanation. If you were not required to file a Federal incometax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it.

Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See"Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

Source: I-864 instructions.

Thank you. I'll look into it. Hope he doesn't have to file as that would be a serious pain...

My fiance was born in USA but grew up in Ireland. He moved to the US in February 2008.

He spent much of this past year unemployed.

He is currently employed and earning more than 125% poverty line.

His tax return for 08 will not meet poverty line requirements and he never filed one prior to this.

My questions are:

1) will we get greencard based on I-864 and one tax return that doesn't meet poverty line. He does have letter from employer and payslips

2) should he file tax returns for previous years (I know USC should in theory but he didn't even get a SSN until Feb last year etc so does this apply in his case)?

According to a document issued by USCIS "when determining sufficiency of a form I864, USCIS will first consider the sponsor's anticipated income for the year the sponsor signed Form I-864".

Thanks v much!!

This site has seen me through months of anguish and worry!! Thanks to all!!