I-864--Didn't meet poverty guidelines on most recent tax returns...do I need joint-sponsor?
Apr 27th 2003, 9:29 am
#1
Guest
Posts: n/a
I-864--Didn't meet poverty guidelines on most recent tax returns...do I need joint-sponsor?
Hello all,
We are filing for the I-485 and trying to figure out if we need a
joint-sponsor for the I-864. I'm currently employed and have been for
the past 6 months, and my income exceeds the 125% poverty line that
the BCIS requires. Last year, however, I only worked (legally) for 2
months out of the year. The rest of the time I was abroad with my
(now) husband. My tax returns for the year 2002, therefore show my
earnings at around $4,000. My question is:
Since I am currently meeting the guideline required, but my most
recent tax returns don't reflect this, do I automatically have to file
a Joint-Sponsor petition (I-864A)? (I'm sure by the time we have our
interview my most recent year will be 2003 and I'll have met the
guidelines---does that even matter?)
Some additional info that may be important:
Neither my spouse, nor I have assets valuable enough to make up for my
low reported income from last year.
My husband entered the US on a K-1 in March of 2003 and we had no
problems with the I-134 Affadavit of Support that was required for
this K-1.
Thanks in advance to anyone who can provide some input.
Alison
We are filing for the I-485 and trying to figure out if we need a
joint-sponsor for the I-864. I'm currently employed and have been for
the past 6 months, and my income exceeds the 125% poverty line that
the BCIS requires. Last year, however, I only worked (legally) for 2
months out of the year. The rest of the time I was abroad with my
(now) husband. My tax returns for the year 2002, therefore show my
earnings at around $4,000. My question is:
Since I am currently meeting the guideline required, but my most
recent tax returns don't reflect this, do I automatically have to file
a Joint-Sponsor petition (I-864A)? (I'm sure by the time we have our
interview my most recent year will be 2003 and I'll have met the
guidelines---does that even matter?)
Some additional info that may be important:
Neither my spouse, nor I have assets valuable enough to make up for my
low reported income from last year.
My husband entered the US on a K-1 in March of 2003 and we had no
problems with the I-134 Affadavit of Support that was required for
this K-1.
Thanks in advance to anyone who can provide some input.
Alison
Apr 27th 2003, 10:56 am
#2
BE Enthusiast
Joined: Apr 2003
Location: Louisville, KY/Germany
Posts: 526
As long as your current income meets the guidelines you are fine. I am in the same position, I just got my first "real job" about a year ago. This is what the letter for your employer is for. I am also including tons of pay stubs that also show my salary and my bank statements to show deposits from my salary. These two things are not required, but I included them for additional evidence. (A letter from the bank is required, but not the actual statements)
Kari
Kari
Apr 27th 2003, 11:19 am
#3
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: I-864--Didn't meet poverty guidelines on most recent tax returns...do I need join
Originally posted by Alison
Hello all,
We are filing for the I-485 and trying to figure out if we need a
joint-sponsor for the I-864. I'm currently employed and have been for
the past 6 months, and my income exceeds the 125% poverty line that
the BCIS requires. Last year, however, I only worked (legally) for 2
months out of the year. The rest of the time I was abroad with my
(now) husband. My tax returns for the year 2002, therefore show my
earnings at around $4,000. My question is:
Since I am currently meeting the guideline required, but my most
recent tax returns don't reflect this, do I automatically have to file
a Joint-Sponsor petition (I-864A)? (I'm sure by the time we have our
interview my most recent year will be 2003 and I'll have met the
guidelines---does that even matter?)
Some additional info that may be important:
Neither my spouse, nor I have assets valuable enough to make up for my
low reported income from last year.
My husband entered the US on a K-1 in March of 2003 and we had no
problems with the I-134 Affadavit of Support that was required for
this K-1.
Thanks in advance to anyone who can provide some input.
Alison
Hello all,
We are filing for the I-485 and trying to figure out if we need a
joint-sponsor for the I-864. I'm currently employed and have been for
the past 6 months, and my income exceeds the 125% poverty line that
the BCIS requires. Last year, however, I only worked (legally) for 2
months out of the year. The rest of the time I was abroad with my
(now) husband. My tax returns for the year 2002, therefore show my
earnings at around $4,000. My question is:
Since I am currently meeting the guideline required, but my most
recent tax returns don't reflect this, do I automatically have to file
a Joint-Sponsor petition (I-864A)? (I'm sure by the time we have our
interview my most recent year will be 2003 and I'll have met the
guidelines---does that even matter?)
Some additional info that may be important:
Neither my spouse, nor I have assets valuable enough to make up for my
low reported income from last year.
My husband entered the US on a K-1 in March of 2003 and we had no
problems with the I-134 Affadavit of Support that was required for
this K-1.
Thanks in advance to anyone who can provide some input.
Alison
Kariml hits the nail squarely on the head. All I can add is "been there, done that" for more than one client in precisely that situation.
Don't conflate the tax return requirement with the income requirement.
Apr 27th 2003, 4:50 pm
#4
Forum Regular
Joined: Mar 2003
Location: Colorado/Morocco
Posts: 92
When my sis brought her husband with her about 1 1/2 years ago she had to have a joint sponser.
Her income was going to be over 40,000 a year with family size of just 2. But since she was in Germany for 5 years prior to them moving her and she didn't file tax returns since she was a student in Germany plus she didn't relaize she still NEEDED to file tax returns. She had a letter from employer saying how much she was going to make and that it was a 3 year contract...but she still had to have a joint sponser.
Her income was going to be over 40,000 a year with family size of just 2. But since she was in Germany for 5 years prior to them moving her and she didn't file tax returns since she was a student in Germany plus she didn't relaize she still NEEDED to file tax returns. She had a letter from employer saying how much she was going to make and that it was a 3 year contract...but she still had to have a joint sponser.
Apr 28th 2003, 2:22 am
#5
Account Closed
Joined: Sep 2002
Posts: 16,266
Originally posted by candiceezznagui
When my sis brought her husband with her about 1 1/2 years ago she had to have a joint sponser.
Her income was going to be over 40,000 a year with family size of just 2. But since she was in Germany for 5 years prior to them moving her and she didn't file tax returns since she was a student in Germany plus she didn't relaize she still NEEDED to file tax returns. She had a letter from employer saying how much she was going to make and that it was a 3 year contract...but she still had to have a joint sponser.
When my sis brought her husband with her about 1 1/2 years ago she had to have a joint sponser.
Her income was going to be over 40,000 a year with family size of just 2. But since she was in Germany for 5 years prior to them moving her and she didn't file tax returns since she was a student in Germany plus she didn't relaize she still NEEDED to file tax returns. She had a letter from employer saying how much she was going to make and that it was a 3 year contract...but she still had to have a joint sponser.
I would not be surprised if the ConOff differentiated between an OFFER of employment and actual employment.
An offer of employment is different from the situation where the sponsor has been on the job since last September.
Apr 28th 2003, 7:44 am
#6
Joined: Apr 2002
Posts: 35,082
Re: I-864--Didn't meet poverty guidelines on most recent tax returns...do I need join
Originally posted by Folinskyinla
Hi:
Kariml hits the nail squarely on the head. All I can add is "been there, done that" for more than one client in precisely that situation.
Don't conflate the tax return requirement with the income requirement.
Hi:
Kariml hits the nail squarely on the head. All I can add is "been there, done that" for more than one client in precisely that situation.
Don't conflate the tax return requirement with the income requirement.
Folinskyinla: I love it when you say "conflate". I'm stealing your quote for my .sig <g>
