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Afffidavit of Support

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Old Feb 12th 2007 | 1:32 pm
  #1  
PolarBeardazz
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Default Afffidavit of Support

I was wondering if since i had no Income in 2004 or 2005 , (was
looking after my Disabled mom for free room and Board )and recently
rentered the workforce half way through 2006 . My taxable income for
2006 is only $12,000. I notice that you must have at least an income
of $16.000 to sponser my husband.
Can i on the Affidavit of Support , have a notorized letter and copies
of my last two pay stubs showing my monthly income and say my that my
adjusted 2007 income will be $20,000 using my pay stubs and mulitply
that by 12. Will INS accept this as enough proof of Support ? Esp
since i got a raise last week .

Will i have a problem if i only have one years income tax return
(2006) since there was $0 income in 2005 and 2004 ?
 
Old Feb 13th 2007 | 5:00 pm
  #2  
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Default Re: Afffidavit of Support

Originally Posted by PolarBeardazz
I was wondering if since i had no Income in 2004 or 2005 , (was
looking after my Disabled mom for free room and Board )and recently
rentered the workforce half way through 2006 . My taxable income for
2006 is only $12,000. I notice that you must have at least an income
of $16.000 to sponser my husband.
Can i on the Affidavit of Support , have a notorized letter and copies
of my last two pay stubs showing my monthly income and say my that my
adjusted 2007 income will be $20,000 using my pay stubs and mulitply
that by 12. Will INS accept this as enough proof of Support ? Esp
since i got a raise last week .

Will i have a problem if i only have one years income tax return
(2006) since there was $0 income in 2005 and 2004 ?
A lot depends on which Affidavit of Support you are referring to (the I-134 or the I-864), and for what purpose (in conjunction with an immigrant or fiance visa...or an AOS application).

You don't need a notarized letter. You will need an employment letter showing stating your current employment information and salary, plus current paystubs. USCIS will figure out from that if your 2007 income will be enough. As for your 2006 income falling short, that *might* be a problem, or it might not, so it might be a good idea to have a joint sponsor lined up just in case.

If you are talking about needing the affidavit of support for a visa interview overseas, some consulates do require 3 years of tax returns, so you'd need an explanation as to why those are lacking.

Best Wishes,
Rene
 
Old Feb 14th 2007 | 6:15 am
  #3  
PolarBeardazz
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Default Re: Afffidavit of Support

On Feb 14, 12:00 am, Noorah101 <[email protected]>
wrote:
> > I was wondering if since i had no Income in 2004 or 2005 , (was
> > looking after my Disabled mom for free room and Board )and recently
> > rentered the workforce half way through 2006 . My taxable income for
> > 2006 is only $12,000. I notice that you must have at least an income
> > of $16.000 to sponser my husband.
> > Can i on the Affidavit of Support , have a notorized letter and copies
> > of my last two pay stubs showing my monthly income and say my that my
> > adjusted 2007 income will be $20,000 using my pay stubs and mulitply
> > that by 12. Will INS accept this as enough proof of Support ? Esp
> > since i got a raise last week .
>
> > Will i have a problem if i only have one years income tax return
> > (2006) since there was $0 income in 2005 and 2004 ?
>
> A lot depends on which Affidavit of Support you are referring to (the
> I-134 or the I-864), and for what purpose (in conjunction with an
> immigrant or fiance visa...or an AOS application).
>
> You don't need a notarized letter. You will need an employment letter
> showing stating your current employment information and salary, plus
> current paystubs. USCIS will figure out from that if your 2007 income
> will be enough. As for your 2006 income falling short, that *might* be
> a problem, or it might not, so it might be a good idea to have a joint
> sponsor lined up just in case.
>
> If you are talking about needing the affidavit of support for a visa
> interview overseas, some consulates do require 3 years of tax returns,
> so you'd need an explanation as to why those are lacking.
>
> Best Wishes,
> Rene
>
> --
> Posted viahttp://britishexpats.com
1.) The Affidavit of Support is for the I-864.

2.) Does this mean i need a letter from all three employers since i
only work part time at each job?

3.) As far as joint sponsor there is no way , we have asked every one
we know and no one wants the pain or hassle or responsiblity.
Includeing my brother or sister .

4.) Is the affidavit of Support really that important any how, I was
under the impression that once we file the I-130 , then I-485 he could
file at the same time the I-765 and would get his Employment Card
within a week to 30 days then my husband could go to work since he is
the one with 2 college degrees , and support us .
 
Old Feb 14th 2007 | 6:39 am
  #4  
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Default Re: Afffidavit of Support

2. Yes

4. You run the risk of a RFE, which would stop the process, if you do not submit it. It is your current income that counts, past years (if needed) relate to having filed your taxes, not what the numbers where. Logically of course it should be your future income, but they can not ask that and you could not substantiate it.
 
Old Feb 14th 2007 | 6:52 am
  #5  
Noorah101's Avatar
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Default Re: Afffidavit of Support

Originally Posted by PolarBeardazz
1.) The Affidavit of Support is for the I-864.
Is this for an immigrant visa overseas? Or is it for AOS here in the USA? I'm guessing from your comment #4 that it's for AOS, but you said "file the I-130, then I-485", and that makes me wonder if you know exactly how the process goes...?

2.) Does this mean i need a letter from all three employers since i
only work part time at each job?
Yes. Letter and pay stubs from all income you will be using on the I-864.

3.) As far as joint sponsor there is no way , we have asked every one
we know and no one wants the pain or hassle or responsiblity.
Includeing my brother or sister .
OK, so you have to hope for the best with what you've got, for now.

4.) Is the affidavit of Support really that important any how, I was
under the impression that once we file the I-130 , then I-485 he could
file at the same time the I-765 and would get his Employment Card
within a week to 30 days then my husband could go to work since he is
the one with 2 college degrees , and support us .
YES, the I-864 is very important. If you don't submit it, you will receive an RFE for it, and it will delay the process. Where is your husband now? Is he here in the USA? What's his current status here? Your impression is correct, that once your husband has work authorization, he can go to work and support the family. But for now, it's your income that counts on the I-864, and that's what USCIS will be looking at. Right now, all you can do is submit the I-864 with all your backup, and see what response you get. If it's accepted, great. If they request an RFE because you don't meet the requirements for some reason, you'll have to deal with it then. Fortunately, for an AOS application, only 1 year of tax returns is required. Whether the fact that the income shown on your last tax return falls below the minimum will be a problem, I don't know. USCIS will let you know.

Best Wishes,
Rene

Last edited by Noorah101; Feb 14th 2007 at 6:57 am.
 
Old Feb 14th 2007 | 7:06 am
  #6  
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Default Re: Afffidavit of Support

Originally Posted by PolarBeardazz
On Feb 14, 12:00 am, Noorah101 <[email protected]>
4.) Is the affidavit of Support really that important any how, I was
under the impression that once we file the I-130 , then I-485 he could
file at the same time the I-765 and would get his Employment Card
within a week to 30 days then my husband could go to work since he is
the one with 2 college degrees , and support us .
The EAD can take 30 to 120 days or more for issuance.

It is 90 days from the date of biometrics and biometrics can be 30 days after submission of the petition. Plus it will only be processed if your I485 is accepted and that is only accepted if your affidavit of support is acceptable.
 
Old Feb 14th 2007 | 11:00 am
  #7  
PolarBeardazz
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Default Re: Afffidavit of Support

> Is this for an immigrant visa overseas? Or is it for AOS here in the
> USA? I'm guessing from your comment #4 that it's for AOS, but you said
> "file the I-130, then I-485", and that makes me wonder if you know
> exactly how the process goes...?
>
> Yes. Letter and pay stubs from all income you will be using on
> the I-864.
>
> OK, so you have to hope for the best with what you've got, for now.
>
> YES, the I-864 is very important. If you don't submit it, you will
> receive an RFE for it, and it will delay the process. Where is your
> husband now? Is he here in the USA? What's his current status here?
> Your impression is correct, that once your husband has work
> authorization, he can go to work and support the family. But for now,
> it's your income that counts on the I-864, and that's what USCIS will be
> looking at. Right now, all you can do is submit the I-864 with all your
> backup, and see what response you get. If it's accepted, great. If
> they request an RFE because you don't meet the requirements for some
> reason, you'll have to deal with it then. Fortunately, for an AOS
> application, only 1 year of tax returns is required. Whether the fact
> that the income shown on your last tax return falls below the minimum
> will be a problem, I don't know. USCIS will let you know.
>
> Best Wishes,
> Rene
>
> --
> Posted viahttp://britishexpats.com- Hide quoted text -
>
> - Show quoted text -

It is For AOS here in USA.

My husband is here wirth me In Illionois,Not sure what his current
status since he came across in Feb 2004 on a return bus ticket from
Canada and never left the USA .
Police pulled him over a month ago for not haveing a light on his
bike, took him to FBi and they told us to File I-130 .

Since its my income for 2006 only that counts and i am a self employed
contracter, can i inflate my income to make the level needed to
sponsor him.
 
Old Feb 14th 2007 | 11:45 am
  #8  
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Default Re: Afffidavit of Support

Originally Posted by PolarBeardazz
3.) As far as joint sponsor there is no way, we have asked every one we know and no one wants the pain or hassle or responsiblity. Includeing my brother or sister .
If you are not, by yourself, financially able to meet the minimum requirements, you *will* need a joint sponsor. The government wants proof that someone will be financially responsible for your husband... and they won't simply take your word for it. If you can't demonstrate sufficient earnings and you can't get a joint sponsor, your application will likely be denied.


... then my husband could go to work since he is the one with 2 college degrees , and support us .
I'll point out that the unemployment lines are full of people with 2+ college degrees. You should both be financially prepared for a 4 - 6 month period of his being unemployed.

Ian
 
Old Feb 14th 2007 | 3:41 pm
  #9  
Nilda
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Default Re: Afffidavit of Support

PolarBeardazz wrote on Mon, 12 February 2007 21:32
> I was wondering if since i had no Income in 2004 or 2005 , (was
> looking after my Disabled mom for free room and Board )and recently
> rentered the workforce half way through 2006 . My taxable income for
> 2006 is only $12,000. I notice that you must have at least an income
> of $16.000 to sponser my husband.
> Can i on the Affidavit of Support , have a notorized letter and copies
> of my last two pay stubs showing my monthly income and say my that my
> adjusted 2007 income will be $20,000 using my pay stubs and mulitply
> that by 12. Will INS accept this as enough proof of Support ? Esp
> since i got a raise last week .
>
> Will i have a problem if i only have one years income tax return
> (2006) since there was $0 income in 2005 and 2004 ?


We were in the same shoes as you... When we submitted our Forms last year, my husbands income for 2005 was only 8 thou plus and he didnt worked too for the past previous years due to personal reasons but his salary on his current job was more than enough if we will going to multiply it by 12 actually its like 20 thou plus. I was worried sick so I called the immigration line many times just to make sure if we need a joint affidavit i talked to 3 different person and they said its the current income that will matter ... and it will help if we have an asset.

My husband asked the employer for a letter with his current pay per hour and just to make sure he also added that estimately he will have so much gross income for a year.

It did worked... the interviewer looked at the letter and said ok your good.

This was just based on out experience.

One more thing... we included a letter attached to my husbands income tax why he didnt worked for the previous years.

Goodluck.
 

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