question on removing conditions

[questie 0]

Hi,

I wonder if both my husband and I doesn't make above the property line, and doesn't have the 2 years tax return, because he got laid off. Will we need a joint sponsor when my husband remove conditions on his green card?

Thanks in advance

[Oksana & Max 94]

Your husband income will not count, it is you who have to make 125% over the poverty line. So based on that you will need to secure a co-sponsor.

[questie 0]

Your husband income will not count, it is you who have to make 125% over the poverty line. So based on that you will need to secure a co-sponsor.

So for removing the condition on the green card, we will need to file I-864 along with I751?

[Peachey 10]

You do not have to file an I-864 when removing conditions...

[RebeccaAndPhil 5]

Hi,

I wonder if both my husband and I doesn't make above the property line, and doesn't have the 2 years tax return, because he got laid off. Will we need a joint sponsor when my husband remove conditions on his green card?

Thanks in advance

You don't need a sponsor and don't need to fill out form I-864 for removal of conditions.

You do not have to file an I-864 when removing conditions...

[KayDeeCee 4,893]

Your husband income will not count, it is you who have to make 125% over the poverty line. So based on that you will need to secure a co-sponsor.

This is not correct information. You do not need to prove income or provide an affidavit of support to remove conditions.

So for removing the condition on the green card, we will need to file I-864 along with I751?

No. There is no need to prove income for ROC. See the guide here: http://www.visajourney.com/content/751guide

If your husband did not file taxes the last 2 years because he did not earn enough to be required to, he should probably still go ahead and file those back taxes jointly with you, even if he owes nothing and will get no refund. Having the joint taxes is important for ROC and down the road if you want to file for citizenship.

Edited June 22, 2012 by Jay-Kay

[Dave&Roza 748]

Hi,

I wonder if both my husband and I doesn't make above the property line, and doesn't have the 2 years tax return, because he got laid off. Will we need a joint sponsor when my husband remove conditions on his green card?

Thanks in advance

I agree with Jay-Kay, file the tax returns as joint so you have them as proof of co-mingling of assets. You are still on the hook for your husband's AOS when you filed the I-864 so why would you need another? ROC is about the marriage being ligit more than being about if you can support yourselves. Tax returns filed jointly and assets in common are the most important documents you need for ROC. After filing those back tax returns, order tax transcripts to so USCIS that you filed those taxes as married filing jointly.

Good luck,

Dave

Edited June 22, 2012 by Dave&Roza