tonynbetty

Hello.
We want to know if anyone has the answer to our question. We are filing for AOS for Tony's K3 and last year, 2004, we jointly filed our taxes. However we did not have enough income last year to cover the 125% level.

This year we have both got self employed earnings which are high enough to now cover the 125% level for our houshold.

The question is: Is our proof of earnings i.e. bank statements etc for this year admissible for covering the 125% level or will the earnings be ignored?

(We read that the last 3 years Tax returns are needed and our one and only Tax return for 2004 is too low and does not show our present earnings. No tax returns were filed for 2003 and the 2002 return was mine alone and is not enough either).

We have a 2 and a half year old girl which is why I wasn't working before this year. And we only really started earning once Tony got his Employment Authorization the end of last year and was able to start working. I also started working part time self employed work for the past 6 months. (We were living on savings before this).

Please help if you know the answer to this one.
Thanks
Betty and Tony Fitton.

Noorah101

Hi Betty and Tony,

You might want to get a joint sponsor, just in case. With the only tax return showing under the minimum, and only recent employment for both of you (sometimes the officer doesn't like to include the alien's income), I'd say your best bet is to have a joint sponsor.

You can always try with just what you have, but you might receive an RFE on it, and have to submit a joint sponsor's I-864 anyway. Might as well do it from the start.

Best Wishes,
Rene

tonynbetty

We don't know anyone who we can ask to joint sponsor us which is why we were needing our own earnings this year to be good enough...

meauxna

Hi kids,
There are 2 distinct requirements:
- The USC's current income is at/above the 125% poverty level. Foreign spouse's income can be included IF he has lived with the USC for +6 months. Assets of either party can be added to income, regardless of time living together.

-The USC must provide the last 3 years' Federal income tax returns. If your income was low enough to require that you not file, you should include a letter of explanation as to 'why'. A 2 year old might be a good reason All years must be submitted regardless of income level (unless you were not requried to file by IRS rules).

You can search for posts from Folinskyinla + conflate to see his opinion on required income levels for the past 3 years.

Since your current, sufficient income comes from self-employment, be sure to document your income carefully and realistically. Current income is definitely acceptable--it would not be very realistic to make folks wait until they've filed 2005 income tax returns to prove current income.

tonynbetty

Thanks... This is what we were hoping for - confirmation that our current income is definitely acceptable. We thank you very much for helping.

P.S. Will it be beneficial to use/list our assets (i.e. our house) even though we exceed the 125% income requirement - just in case???

meauxna

In my personal opinion, yes. I didn't rattle on in my last post about the totality of your financial picture, but rather than focus on specific requirement numbers, you might want to think a bit on that concept.

My case was sort of the upside down version of yours: I was not employed at the time of my I-864, but I did own assets, including my primary US residence, and had a good earning history as reflected in some of my most recent tax returns. By explaining the entire financial picture, what I was up to, how I'd lived on planned savings for the period of time off, what my industry is etc, I made a good case for our financial future. Our interview was at the Consulate, so I could appeal to the decision maker I was asked about my future plans, including job offers.

You can do the same thing by explaining your past income (baby, living abroad etc) and showing that you have a stable base now. If I were in your shoes, I would be documenting my self-employment carefully to show that the business is viable, on-going etc. It doesn't have to be a lot, just be prepared to 'defend' your income/lifestyle *if* the issue comes up.

Documenting your assets is not difficult; real estate should include a recent title report (your property tax statement might do the trick.. it did for me) to show the value, and the mortgage statement to show the liability. The difference is your equity; divide by 5 for asset value. IRAs, certain pensions and other similar investments can use monthly statements.

Present the best overall financial picture you can.

ian-mstm

While I understand your wanting to validate your financial situation, I'm constrained to point out that it's the immigration officer who will ultimately determine whether your "current income is definitely acceptable". That we think you *should* be okay won't mean a whole lot when you're sitting across the desk from the guy!

Ian

meauxna

Thanks for interpreting it that way, Ian. I didn't read what I wrote as 'yes, it's acceptable' as in 'sufficient'.
Hopefully tonynbetty meant their 'acceptable' as 'yes, current income means something, even if there is no tax return to back it up'. I read their concern as the common one that comes up when today's income is not the same as last tax year's income.

Folinskyinla

Hi:

First of all, the sufficiency of the I-864 is not adjudicated at time of filing. It has to be sufficient at time of adjudication.

It is common error to conflate the 125% poverty requirement with the three years tax return requirement.

As a matter of law, it is your CURRENT earnings that count. For example, I've had cases where new college graduates marry and then get their first jobs and file for adjustment. They will have NO tax returns, but will have sufficient income.

Self-employment income can be tricky, but put in what you've got. Do note that you got to show PROFIT from that self-employment -- gross income doesn't cut it.

BTW, got any assets -- you can add 20% of value of assets to income to get to the required level.