katina

My husband's AOS interview is in December (Baltimore). By that time, I will have been making over 125% of the povery level for 11 months. He earns signficantly more than I do, and has been since June. I didn't make enough to file in 2000, and in 2001 and 2002, I was under the poverty level (student).

I've already looked at past threads, looked at Kamya for Baltimore AOS experiences, etc. I've read conflicting information -- yes, I guess that's because not everyone's situation is the same... I've even read of one interview where the officer didn't want tax transcripts, which most people seem to use, but the actual copies of tax returns. And I'm confused by the I-864 directions on the form, too.

I just don't know if we should go ahead and get a co-sponsor (my dad, who offered) or not. It seems like a hassle if it isn't necessary, since he's filed joint taxes with my mom and would have to get separate W-2s, etc. etc. I understand that they may not even ask us for a new I-864 at the interview?

Can we just use Clem's income to help, instead of my dad's? Would he then use the I-864A? Is that the form my dad would use, or just the I-864? He doesn't live with us, so he isn't a "household member."

And for those who ordered copies of tax returns, how long did they take?

I'm just worried about this. For peace of mind, I guess I could just have my dad co-sponsor us, and go ahead and order the $23 copies of tax returns for myself, but I can't decide whether or not to do that. Any advice?

jeffreyhy

katina,

I you are making over 125% of the poverty level for a family the size of yours at the time you prepare your I-864 you don't need a co-sponsor.

If you and your husband have been living together in the same household for more than 6 months at the time you prepare your I-864 then he can prepare an I-864a to supplement yours if you wish.

Just because you weren't required by your income level to file tax returns for 2000-2002 doesn't mean to can't file them. You might wish to file those returns now, just to have them available for use with your I-864. It doesn't matter how much you made then, what matters is how much you're making now and at the time of your husband's interview.

Regards, JEff

katina

Thanks for the answers. Oops, I guess I wasn't clear -- I filed returns for the years 2001 and 2002 but I have a letter from the IRS stating that I didn't make enough to file in 2000 (I sent that in with the tax transcripts for the AOS app).

I was just worried mostly because I was advised to get a co-sponsor by someone who had to get one after her husband's support was not judged to be adequate at the AOS interview. He was making over 125% at the time of the interview. She had a thread about it, but now I can't find it...

Folinskyinla

Hi:

It is a common error to conflate the three years tax returns with the 125% requirement. Unfortunately, sometimes a DAO or ConOff will make that mistake.

Your situation is quite common -- been there done that with no problem. I had a case a few years ago where two school mates married upon graduation and both got teaching jobs with the LAUSD. At the time of the interview, they had yet to file ANY tax returns -- but we had the job contracts showing sufficient income and an explanation for no tax returns -- no income as a student.

katina

Thanks! It does make sense that they would look at the current information.

And, re: my previous post, I found the thread I was looking for:
http://britishexpats.com/forum/showt...ght=jememennie

katina

Replying to my own thread to warn others.... You can see our situation in the original post -- and if you have a similar one, you might want to think about getting a co-sponsor for AOS, just in case.

If we had done so, my husband would have the I-551 stamp by now! Of course all cases are different, but that's what we thought when someone warned us they weren't approved until getting a co-sponsor themselves, and we thought it'd turn out okay for us... But it didn't, so now we have to get a co-sponsor and Clem has to go back to Baltimore to get the stamp when we're approved. Nothing terrible, just frustrating.

rzack

I understand how you feel. Normally when you get the 'instict'...go with it. For example, before my interview, I always worried about my husband tax returns coz' it was stopped for two years by IRS coz' he filed it by e-filing and since he moved many times in two years they worried it was a fraud. He is in the army.

My husband told me W-2s are enough! But I keep thinking it cannot be. Of course some ppl get stamped just by W2s. But I don't want to take the chance. So I asked my hubby to file with HR Block. True enough, the first thing my interviewer asked was "Can I have your latest tax return?". I was glad that I followed my instict.

Good luck.

katina

Yes, it was a lesson to us that when something's easy enough to do (or to bring), and it doesn't cost anything, do it just in case!

G

Ok so are you saying you were turned down because your older tax
returns showed less than poverty level income? Or was there more to
the story?

katina <member10882@british_expats.com> wrote in message news:<[email protected]>...
    > Replying to my own thread to warn others.... You can see our situation
    > in the original post -- and if you have a similar one, you might want to
    > think about getting a co-sponsor for AOS, just in case.
    >
    >
    >
    > If we had done so, my husband would have the I-551 stamp by now! Of
    > course all cases are different, but that's what we thought when someone
    > warned us they weren't approved until getting a co-sponsor themselves,
    > and we thought it'd turn out okay for us... But it didn't, so now we
    > have to get a co-sponsor and Clem has to go back to Baltimore to get the
    > stamp when we're approved. Nothing terrible, just frustrating.

Jememennie

Hi katina,

I'm the person in the thread that you linked to. I wasn't approved at our AOS interview for the same reason that your husband wasn't.

My husband was making 125% of the poverty line at the time of our AOS interview. But we were denied because he'd been a student for the past 3 years and hadn't made 125% of the poverty line over that time.

We were approved once we got his Dad to co-sponsor us.

katina

Yes, it was only because of my previous low income (I was a college student and then a grad student until 2002).

Especially because my 2002 tax return was only for $3,000. Now I am over 125% (have been since Jan. 2003), and my husband has a job, but it didn't matter to the officer. Basically, as soon as we get a co-sponsor, we'll be approved -- hopefully next month.

Folinskyinla

Hi:

Did you go to that officer's supervisor? Then to the section chief, then to the Assistant District Director? I find it hard to believe that they ALL supported the DAO in such an error. Many supervisorial people often treat things like this as a "traning issue."

I'd really be mad at your lawyer if she didn't do that.

Matthew Udall

Did she even "have" an attorney working for her on her case (and/or sitting there with them at the interview)?

wesleygolf

This might help you as i just went through this scenerio. My fiance went to the K-1 intervew last month. she took copies of my last 3 years tax returns, 1099's, 12 months of bank statements, checking and savings, letter from bank, copy of year to date income(which was almost 5 times over the requirement). she was told that i need a co-sponsor. i am self employed and i realize that you are not, but the message i want to convey is that they want to see more than anything, is your most recent tax return 2002, and your current year to date earnings (letter stating salary paid, pay stubs). i know they ask for 3 years of taxes, but i assure you from personal experience that is the main thing they want to see. I also called the state depatment in DC and spoke with an official and was told the very same thing. He said, the greatest weight will be placed on last tax return and current income. Keep in mind that each consulate can vary somewhat, but for the most part this will be true for the majority of them. then the consulate told her to tell me to get a co-sponsor and come back, and then he would stamp her passport with the visa as long as the co-sponsor makes enough income. So, she goes back to the consulate on thursday (18th) to give them the paperwork. I highly recommend that if your last tax return doesnt meet the guidelines, even though your current income does, a co-sponsor ready and waiting might be a good idea. I am only giving you my opinion and thats all i really have to go on. Good Luck.

katina

No, we didn't have an attorney. We were really surprised to have the officer require us to get a co-sponsor, but in this case we're going to just do as we were asked, because fortunately my father is willing to help us out.

We aren't expecting the delayed I-551 stamp to be a big issue anyway, since my husband's EAD doesn't expire until next summer and he isn't planning to travel outside the country soon.