Noorah101

You need the new one by the time of the interview. If you want, you can have his parents fill out a co-sponsor one, just in case....but if he's qualifying on his own NOW, it probably isn't necessary. But as Patrick said, they want current, up to date information on your husband's income and sponsorship.

Rene

andrea874

Sheesh, its only been 2 months, what did they expect to change? lol

inquisitive40

Well if his latest years taxs returns meet the requirements you should be fine, how much short have you been on the other years?
I know my last two years taxes are the only ones that meet the 125% of the poverty and it is viewed that the current year is the important one.
Patrick

andrea874

His latest years tax return does not meet the limit. Hes been a few hundred dollars under for the past few years. His pay stubs/letter from his job proves that he does make enough now...

Noorah101

If nothing had changed, you probably didn't need to do a new one at all. But, since things have changed, it's a good idea to go ahead with a new one. They probably put that blurb about a new I-485 on all the letters, just in case.

Rene

inquisitive40

In that case I would still get a co-sponsor to cover yourselves, better safe than sorry
Patrick

andrea874

Nothing changed since the last I-864..

Noorah101

Patrick,

The previous tax returns don't need to meet the requirements. Only his current income needs to meet the 125% level, proven by pay stubs and employment letter. Tax returns can be under that with no problem.

Rene

inquisitive40

Yes I realise that BUT I personally would be covering my bases
Better safe than sorry, if the co-sponsor is agreeable it is not that much trouble to do a new I-864 and that way have more than enough evidence of support
Patrick

Noorah101

Andrea, I'm confused. You said this a few posts ago...

"Now he makes above the amount we need to, but its not reflected on his tax returns as its a recent (within the past six months) development. "

So it sounded to me, like now he makes above the amount you need to....but before he didn't, and that's why you used a co-sponsor. But then you said nothing has changed....

Did I misunderstand you? Sorry for the confusion....just trying to help

Rene

Noorah101

I know what you mean. But, if they keep the same scenario, where they are using a co-sponsor....I don't think they need to do NEW ones. That is what they just did a few months ago...and if nothing has changed since then, they could leave it be. I was under the impression that he now makes above the minimum on his own. But now I'm not sure...lol

Rene

andrea874

I apologize. Let me clarify:

On his last tax return, he made less than the required amount. Since the tax return, he started making more money.

We just filed our AOS and thus the original I-864 in June. At that point he was already making enough money, but it (obviosuly) wasnt on his latest tax return, so when we submitted that, we submitted it with a co-sponser (his parents).

Nothing has changed since THAT point...

inquisitive40

Yes,,, I think we are both confused about the first post where her hubby recently met the 125% poverty limit and then later she stated nothing has changed, I think this needs to be clarified.
Patrick

Noorah101

Aha, I seeeeee!

Well, it's up to you to continue with the co-sponsor or not. But if he is NOW making above the amount, it isn't necessary. It doesn't need to be reflected on his tax returns.

Rene

inquisitive40

Ok, then I am presuming what USCIS are looking for, is to clarify the income and if possible back it up with a more up to date tax returns.
Not sure on this one, maybe some of the "elders" in the forum could clarify Andrea's best course of action
Patrick