AOS and Poverty Line Stuff

[IndustriousAnt 0]

Hi,

My husband is American and I'm Canadian.

Hope someone can help us with the following.

From Jan-July 2008 my husband and I were traveling and were not employed. We returned to the US/Canada and started doing all our government paperwork.

My husband got a job in Aug 2008 (with the same company he worked with before we left on our trip). He makes about $26000 a year with them, and that's what we put in his I-864 form.

However, my interview in Montreal is coming up and they have requested his tax forms for 2008. This is not a problem, but it won't say that he made $26,000 because he didn't work the whole year. He is still at the same job currently. I plan on bringing in all his pay stubs, and stubs from years past to show he's worked with them before.

Is this going to be a major issue?

Could we get denied because his tax form doesn't show more than the poverty guideline standard....even though he IS making enough to support the both of us.

Thanks for any help!

Martine

[MapleLeafBaby 1]

Hi,

My husband is American and I'm Canadian.

Hope someone can help us with the following.

From Jan-July 2008 my husband and I were traveling and were not employed. We returned to the US/Canada and started doing all our government paperwork.

My husband got a job in Aug 2008 (with the same company he worked with before we left on our trip). He makes about $26000 a year with them, and that's what we put in his I-864 form.

However, my interview in Montreal is coming up and they have requested his tax forms for 2008. This is not a problem, but it won't say that he made $26,000 because he didn't work the whole year. He is still at the same job currently. I plan on bringing in all his pay stubs, and stubs from years past to show he's worked with them before.

Is this going to be a major issue?

Could we get denied because his tax form doesn't show more than the poverty guideline standard....even though he IS making enough to support the both of us.

Thanks for any help!

Martine

I think it would not hurt to get an employment letter from his company, showing the dates he was employed with them and his salary. This may be better than pay stubs as stubs really don't give an idea of the overall picture, especially if 2008 shows less than normal on taxes.

Good luck

[Carlawarla 1]

Bring several years tax returns if they show he was in the above poverty tax bracket before the six months off. Then the letter from the employer, and the pay stubs, you should be good to go.

[thetreble 19]

You should really do what Carla and poprocks suggested.

My husband had gotten a promotion between mid year in 2007, just before we filed for AOS. He was making almost double what he had made in 2006 so I didn't want USCIS to get the wrong impression. I made my husband get a letter from his employer telling them of his recent promotion and how much his salary was. It helped.

[trailmix 77]

Good advice here - you do need to establish what his current annual salary is. You do need to get the employment letter. As Carla mentioned, you should bring his other tax returns with you to the interview. Not sure what you have submitted to NVC already - whether just 2007 or you sent 3 years worth of returns, but certainly bring 2005 and 2006 tax transcrips, if you only submitted 2007.

To give you some idea of what the letter should include:

2. Job Letters and Proof of Income link

Pay stub(s) showing income for the most recent 6 months and letters from all current employers are no longer required as initial evidence.

The applicant, however, may submit either or both of these items

1. in response to a request for additional evidence (RFE), or

2. with a Form I-864 if the applicant believes doing so would help establish that the sponsor meets the governing income/assets threshold.

If submitted, letters from current employers should show

- dates of employment,

- the nature of the job,

- wages or salary earned,

- number of hours/weeks worked,

- and prospects for future employment and advancement. It should be sufficient for the employer to say that the employment is of indefinite duration or words of similar effect. Promises of future employment are not required.

Edited March 10, 2009 by trailmix