I864 requirements?

[crs 0]

Hi again,

I am reading the guidelines for the AOS process and in particular the I864 document.

I read you have to state the income for the last 3 years. My now fiance and soon to be husband will not have tax returns with more than 17K a year for the past three years, as he was a student most of the time and just started working right now:

e.g.

2006 = 5K

2007 = 5K

2008=10K

but current job shows more than 17K a year.

Do I need a cosponsor? or the fact that his current job is above the poverty level will be enough?

There is no real assets to be taken into consideration here.

Thank you guys!

[crs 0]

Anyone?

[Nich-Nick 3,354]

It is supposed to enough if you can document current income with payslips, a letter from employer stating the job is permanent (as opposed to maybe a 6 month contract type job) and his yearly salary. An explanation of his previous student status and degree if any would help explain the previous low income shown on the tax return.

If they aren't satisfied with the income, they will send an RFE and you could have a co-sponsor lined up with all their documents ready to send in. It wouldn't delay you very long if you have the co-sponsor ready to go just in case. That way the co-sponsor wouldn't be on the hook unless needed and they might be happier about that.

[crs 0]

That sounds the best idea! We will have a co-sponsor lined up, but I dont wanna have to bother him unless needed.

Thank you!

[Nich-Nick 3,354]

Looking at your timeline, you haven't even interviewed for the K1 visa yet. Do you have the Affidaviit of Support (I-134) with documentation including tax return, etc ready for that? It seems that should be your immediate concern.

Back to your original AOS concern. It is quite possible that by the time you interview, get the visa, travel, marry, and then file for AOS that new 2009 poverty guidelines will be published. Or by the time they get around to adjudicating your case, the new guidelines will be in effect. So, the figure you are aiming to prove he makes could be a higher number than the current $17K plus you're looking at now. Be sure and check on the latest data when the time comes to decide if you have enough without a co-sponsor.

[crs 0]

Yeah. Thank you. I am not really worried about the current income poverty level as current income is well above 17K, I was mainly concerned about the tax returns , since they definitely do not show that!