Just Jenney

I had a thread where this question was thrown in with another matter (in the "Norfolk? I thought it was Arlington??" thread), but I'm afraid it has been swallowed up and overlooked. So I'm reposting it here, as I'm really in need of some feedback...

Contrary to my previous understanding, in reading the I-864 form and instructions, it now seems that BCIS takes the last 3 years' worth of income into account equally, without an emphasis on your current income. This has me stressing majorly, because since 2000, this is the first year I'm making above the 125%. A year ago, we didn't yet know we'd be going through this; two years ago I didn't even know Mark; three years ago I was married and my ex was the sole breadwinner. I hate to think that my life's circumstances 2-3 years ago will be held against us now.

Because we were unable to secure a co-sponsor for our I-134, I resolved the problem by taking a new job with a better income. But it seems that that alone won't help us with the I-864. Just like before (if not more so), a joint sponsor isn't really an option.

So I'm not sure what to do? I suppose we'll have to simply submit the I-864 with what we have, and then when the interview comes around, I can bring my 2003 tax returns and Mark's income can be considered equally.

Is it going to be a problem that, by the time of our interview, only the most recent tax year (2003) exceeds the 125%? Would it help to have my ex-husband provide a notarized affidavit explaining that he was the sole breadwinner while I attended school, something to explain my lack of income for 2000?

I really would appreciate ANY sort of guidance on this matter.... Thanks in advance.

~ Jenney

Just Jenney

bump

imkimmy

Just a thought, but does Mark have assets that he can include on the affadavit? I may be wrong, but I thought on the I-864, the alien could include some of their assets on it.

BTW, Arlington only asked for our most recent tax returns at our AOS interview.

Kimberly

Rete

Technically you are correct. The forms do indicate that you should make 125% or above for all of the three years. But realistically, this is not, or rather has not been, the case at the time of the AOS interviews. BCIS uses its discretionary powers to approve sponsorship based on current earnings and it would appear factors into their decision the earning capabilities of the sponsor. This is one reason why recent graduates employed for the first time, can be approved with only their current salaries and with no income for the previous two years.

Also if the foreign spouse has been living in the household six months or more and is working they can also include their income towards fulfilling the requirements by completing the I-864A. The same discretionary powers are applied when considering the sponsor's current and future incomes.

So here's hoping that Mark is able to find suitable employment when he arrives and that your AOS interview goes over the six month from filing mark.

BCIS is not out to deny legitimately married couples (where one is a USC) if they can prove marginal compliance with the guidelines. At least this has been what I've seen over the years.

Rete

Just Jenney

Thanks to both of you for your feedback. I'm already feeling better.

Obviously, we want to cover our bases as best we can. That's why I changed from a (low-paying) job I loved to a (rather boring) job with a better salary. Once Mark gets everything sorted to move over here, he won't really have any assets to speak of. So we're relying a lot on my income, plus whatever he can rake in once he starts working. Like I said, two years ago we didn't even know each other, and it just seemed unfair that we would be penalized for not being able to predict the future.

(FYI: As far as the recent graduate thing goes, I know of at least one couple who WERE denied AOS, because even though the USC's income at the time of the interview was well above 125%, he hadn't earned enough the two previous years while he was at university. They ended up needing a joint sponsor, and were subsequently approved. We already know a joint sponsor isn't an option for us, so needless to say, this makes me nervous.)

Anyway, thanks again for your comments, and for taking the time for post them. Sometimes simple reassurance does wonders.

~ Jenney

Rete

Which is why I used the word "discretionary". Apparently this particular examiner went by the letter of the regulation in putting the AOS approval on hold until they submitted an I-864 from a co-sponsor.

Note also that there was a couple in Portland, MAINE (not Oregon) whose AOS was put on hold by the examiner because the examiner refused to use the foreign spouse's income on the I-864A. The USC wife had lost her job just before the interview. This occurred early last year I believe if you wish to search the archives.

Rete

Caro

Jenney,

I can give you a tip to make your AOS last for ever... Just move a bit around the country! Just kidding! I am sure that the AOS will be a breeze...

Caroline

Just Jenney

Heehee... I'd like our AOS to go well, not to go insane!! :P LOL

~ Jenney

Caro

Caroline

imkimmy

Jenney-

Our AOS interview was a breeze. The interview itself lasted maybe 30 minutes. She asked Stantton what I did for a living, I think when my birthday was, how he liked living in the States (as she was rifling thrugh our file to find something she was looking for). Then she asked for our most recent tax returns, year 2000. We took two xerox boxes full of "evidence", so Stantton started looking through the boxes for the tax return. After just a few seconds I told him I would find it. The interviewer just laughed and told us she thought we were married. Of course, Stantton can't find the mustard bottle in the fridge half the time either.

The AOS interview is very much like the visa interview...anti-climatic.

BTW, we showed up on the wrong day of our interview, and they were able to fit us in that day. So, I can't say many bad things about Arlington. The only bad part is the line you must wait in to file your paperwork if you do so in person. Nothing like the cattle herding and people *running* out of the elevator and down the hall to grab a ticket.

Kimberly