Lack of financial docs

[Gary and Alla 3,694]

Hello, hope this helps...

First if your fiancee has a current job earning $22,000 he is fine, you do not need your MIL as a co-sponsor. They look at CURRENT income first. In fact the instructions call for a 1040 only if you are self emplyed but I know it has been taken as granted that one year's tax return be presented. There is no reason he could not do a 2007 return NOW and send it in, even if he had no taxable income. Then give a copy of this at the interview. As long as he can NOW verify employment of $22,000 with a letter and check stubs, no problem. Also, why not do his 2008 return NOW (I have already prepared mine and am waiting only for w-2s) Perhaps he can get a copy of his w-2 for 2008 and give the 2008 return? Then you don't need a co-sponsor at all.

We had our interview in August 2007. I brought tons of documentation. Bank letter, employment letter, tax return, check stubs, you name it. They glanced, I repeat, GLANCED at the 1040 and gave it back to me. They never looked at the bank letter, employment letter or check stubs and kept only the I-134 affadavit. Remember you will also have to prove income for the AOS. You will have to list income for 3 years on the AOS, BUT I am told it works like this...

1. Current income

2. Average of income for last three years

3. Asset calculation.

If you pass number 1, current income, the past three years matter not a whit. They do not even ask for asset information if you "pass" the current income test. I will be able to tell you more in two weeks when we have our AOS interview but the letter we received did not ask for any further documentation of income other than what I have sent already.

My advice? File the 2008 return ASAP, bring a copy of it to the interview and be able to verify his current income. You are good to go!

Gary

[rebeccajo 14]

Hello, hope this helps...

First if your fiancee has a current job earning $22,000 he is fine, you do not need your MIL as a co-sponsor. They look at CURRENT income first. In fact the instructions call for a 1040 only if you are self emplyed but I know it has been taken as granted that one year's tax return be presented. There is no reason he could not do a 2007 return NOW and send it in, even if he had no taxable income. Then give a copy of this at the interview. As long as he can NOW verify employment of $22,000 with a letter and check stubs, no problem. Also, why not do his 2008 return NOW (I have already prepared mine and am waiting only for w-2s) Perhaps he can get a copy of his w-2 for 2008 and give the 2008 return? Then you don't need a co-sponsor at all.

We had our interview in August 2007. I brought tons of documentation. Bank letter, employment letter, tax return, check stubs, you name it. They glanced, I repeat, GLANCED at the 1040 and gave it back to me. They never looked at the bank letter, employment letter or check stubs and kept only the I-134 affadavit. Remember you will also have to prove income for the AOS. You will have to list income for 3 years on the AOS, BUT I am told it works like this...

1. Current income

2. Average of income for last three years

3. Asset calculation.

If you pass number 1, current income, the past three years matter not a whit. They do not even ask for asset information if you "pass" the current income test. I will be able to tell you more in two weeks when we have our AOS interview but the letter we received did not ask for any further documentation of income other than what I have sent already.

My advice? File the 2008 return ASAP, bring a copy of it to the interview and be able to verify his current income. You are good to go!

Gary

I like this advice. It is consulate specific to the original poster.