ruthann1212

okay, it doesn't say on the I 134 to submit three years BUT... Sunny scanned me what was in his packet and they asked SEPRATELY for 3 years tax returns. I have the returns AND the transcripts. I will send both.

SO, will the numbers on those transcripts have to meet the poverty guidelines at this point? Or not until the 1-864???

What about what the guy at the BCIS said today, that said I can't use 2001 because it was all my exhusbands income and none of mine.. even though we filed jointly????

Now I'm back to not knowing what to do... Should I be looking at a co-sponsor for this initial interview????
Ruthann..

Mucho Dinero

just give up ruthann, its too much for you


"ruthann1212" <member18684@british_expats.com> wrote in message
news:[email protected]...
    > okay, it doesn't say on the I 134 to submit three years BUT... Sunny
    > scanned me what was in his packet and they asked SEPRATELY for 3 years
    > tax returns. I have the returns AND the transcripts. I will send both.
    > SO, will the numbers on those transcripts have to meet the poverty
    > guidelines at this point? Or not until the 1-864???
    > What about what
    > the guy at the BCIS said today, that said I can't use 2001 because it
    > was all my exhusbands income and none of mine.. even though we filed
    > jointly????
    > Now I'm back to not knowing what to do... Should I be
    > looking at a co-sponsor for this initial interview????
    > Ruthann..
    > --
    > Posted via http://britishexpats.com

Leslie

OK. Obviously ruthann has done something to upset you. Is there any way we can heal the chasm?

ruthann1212

Leslie
I don't know who the person is. Nor do I care. I don't have time or energy to argue or swap rude comments right now. I'm trying to get my husband home. If I'm being annoying or repetitive in my questions, I apologize, to those worth apologizing to that is the rest mean nothing to me, and I have no problem skipping right over them. Thank you for your concern...
Ruthann

omo

Hi Ruthann, if my understanding is correct, the poverty guidelines must be met for the 1-134 as well. But, I'm sure there are knowledgeable ppl here who can give you more insight.

Filed jointly? His income was your income, plain and simple. Here's a fact: Just because ppl work at the USBCIS doesn't mean they know everything. I've recieved erroneous information from them in the past too.

That may not be a bad idea Ruthann. Is it possible someone in your family can assist in this matter?


P.S. Keep ignoring the trolling SOB, it's obvious he get's his jollies from reading the responses from his divisive posts.

Leslie

Hi Ruthann,

No need to apologize. If people don't like your questions they can just move on to another thread. All of your questions are regarding your petition, so they are appropriate to this forum.

Good luck.

Leslie

KimJ

Hi Ruthann -

I agree with omo - a joint tax return is still your tax return and should be considered as part of the last 3 years. Of course, this is only my opinion.

Just as an FYI... I sent in only the transcripts and didn't run into any problems. But I also think that it can't hurt to send in the returns as well, or at the very least, send them to your husband so he can bring them to the interview.

If your income right now exceeds the poverty guidlines then you should be okay. You will have to meet the guidlines for the I-134, as well as the I-184 though.

Good luck!
Kim

jeffreyhy

ruthann,

Asked and answered in one of your other threads - the USCIS does not care about your ex-husbands income, he is not going to sponsor the immigrant. You are. That's why, when an income tax return during the period of interest (typically 3 years) is a joint return, the USCIS wants to see W-2 forms as well. They want to be able to separate the joint income into the sponsors income (meaningful) and the other income (means nothing).

Your 2000 return is useless to you - your income was 0.

Also, what the I-134 instructions say is subserviant to what the instructions (typically a form DS-2000) in the visa application packet say. The requirement for issuing the visa is that the consular official be satisfied that the visa applicant meets the public charge provisions of the law. An affidavit of support is one piece of evidence that goes to satisfy this requirement, but it is not the only evidence that the consulate may require.

Regards, JEff

jeffreyhy

omo and Kim,

Maybe under tax law and family law the ex-spouse's income was the sponsor's income, but under immigration law, for the purpose of establishing that the immigrant will not become a public charge, the ex-husband's income is meaningless.

The ex-spouse's past income provides no indication of the sponsor's earning ability.

The ex-spouse's income is not going to play a part in sponsoring the immigrant (or if it is the ex-spouse will have to fill out their own affidavit of support as a co-sponsor).

ruthann is the person who is going to sponsor the immigrant, it is ruthann's income and earning ability that is under consideration, and her year 2000 joint return does not contribute to her cause if none of the income on that return is attributable to her.

Regards, JEff

Just Jenney

Jeff's got it exactly right. What matters here is the income DIRECTLY EARNED by the sponsor -- NOT the sponsor's overall household income for a particular tax year.

A joint tax return by itself it doesn't show USCIS which income was the sponsor's and which income was their ex-spouse's. Instead it just shows a combined household income.

But since the ex-spouse's income is irrelevant in sponsoring the new fiance/spouse, including W-2s will provide a breakdown of who earned what. That's why USCIS requires sponsors to supply their W-2s for any tax returns filed jointly with a former spouse with their affidavit of support.

Since Ruthann doesn't have any W-2s to submit with her 2001 tax return, I'm not sure what she needs to do -- perhaps include an attachment stating all the income from that year was earned by her ex-husband? I know that in order to obtain her ex-husband's W-2s from the IRS, she needs his written permission to do so.

Omo's statement of "His income was your income" is flat-out wrong. His income was his income, period. All W-2s submitted with that year's tax return will be in her exhusband's name, not hers.

~ Jenney