Does income level matter at this point?

[Johnnysc 0]

Hi Everybody,

Its hard to believe we have gotten this far---"Journey" is right!

We'll be filing to remove conditions this autumn (of 2009)------I'm getting ready to file and pay taxes. I'm self employed and if I take all the deductions that a validly available to me I can push my income well down below the poverty level (my Greencard posessing spouse also has income from piano teaching that would push us back up to or above poverty level and we are joint filing--- for the second year)(but its her first year with taxable income)------anyway

I obviously would like to pay as small amount of tax as possible (legally!) but I'm wondering if 'they'---USCIS----looks at or cares about our income at this point?

I don't see anything about it in the I-751 form----what say you wise folks? Should I not take the deductions just to make sure MY income alone keeps us above 'poverty'.

Money is tight for us (I'm in construction) and I'd hate not to deduct if it is not an issue....

Thanks!

JB in SC------who never would have made it to this point without VisaJourney or my fellow travelers here who helped.

[Bobby+Umit 161]

Hi Everybody,

Its hard to believe we have gotten this far---"Journey" is right!

We'll be filing to remove conditions this autumn (of 2009)------I'm getting ready to file and pay taxes. I'm self employed and if I take all the deductions that a validly available to me I can push my income well down below the poverty level (my Greencard posessing spouse also has income from piano teaching that would push us back up to or above poverty level and we are joint filing--- for the second year)(but its her first year with taxable income)------anyway

I obviously would like to pay as small amount of tax as possible (legally!) but I'm wondering if 'they'---USCIS----looks at or cares about our income at this point?

I don't see anything about it in the I-751 form----what say you wise folks? Should I not take the deductions just to make sure MY income alone keeps us above 'poverty'.

Money is tight for us (I'm in construction) and I'd hate not to deduct if it is not an issue....

Thanks!

JB in SC------who never would have made it to this point without VisaJourney or my fellow travelers here who helped.

Did you all ready fill in an affidavit of support?

Are you sending in a new one?

[Anh map 2,098]

I-864 is about the gross or AGI, not the net. Take all the legal deductions you can.

[Otto 83]

They only reason it is suggested to include a recent tax return with the I-751 package is to show you file your taxes as married filing jointly - not to measure your income again.

[ELW 5]

It is true, they don't care about your income during Removing Conditions. The only important thing is proof of merged financial resources, showing you are living as a couple.

[antda 13]

Hi Johnnysc,

In answer to your post: No, your income does not need to above the poverty level for the I-751.

At this stage of the immigration game (lol..not a fun game though), they mainly want to focus on "joint evidence", as they want you to prove that this is a "genuine joint married relationship", not for fraud purposes, so that they can "remove conditions" on your 2yr conditional green card.

So focus on getting "joint evidence" (meaning documents with yours and yours spouse's names in it) for this particular application.

The only thing that income levels come into play is at the AOS and the stages before that for the that Affidavit of Support/I-864 and other financial immigration contracts. It is because of these "above poverty level guidelines" that they determine if you owe any money for any "means tested benefits" that you might have applied for. Your sponsors cannot back out of this agreement unless the immigrant dies, moves out of the country, works 40 quarter hours, or becomes a US Citizen.

If it makes you feel better, I'm kind of in the same situation as you are in, regarding the taxes. In my case, all I did was provide a detailed explaination (backed up with other evidence), as to why I did not include tax returns for my I-751 application (which I filed in August 2008, and am still waiting on a decision for that).

Sigh, ecomomic times are difficult, we all understand about that. But for the USCIS to charge $545 for this I-751 process...that's just even harder!

Hope this helps. Good luck on the rest of your immigration journey too.

Ant (Still waiting for I-751, Still waiting for Baby...)

Hi Everybody,

Its hard to believe we have gotten this far---"Journey" is right!

We'll be filing to remove conditions this autumn (of 2009)------I'm getting ready to file and pay taxes. I'm self employed and if I take all the deductions that a validly available to me I can push my income well down below the poverty level (my Greencard posessing spouse also has income from piano teaching that would push us back up to or above poverty level and we are joint filing--- for the second year)(but its her first year with taxable income)------anyway

I obviously would like to pay as small amount of tax as possible (legally!) but I'm wondering if 'they'---USCIS----looks at or cares about our income at this point?

I don't see anything about it in the I-751 form----what say you wise folks? Should I not take the deductions just to make sure MY income alone keeps us above 'poverty'.

Money is tight for us (I'm in construction) and I'd hate not to deduct if it is not an issue....

Thanks!

JB in SC------who never would have made it to this point without VisaJourney or my fellow travelers here who helped.

[Johnnysc 0]

Hi Everybody,

Its hard to believe we have gotten this far---"Journey" is right!

We'll be filing to remove conditions this autumn (of 2009)------I'm getting ready to file and pay taxes. I'm self employed and if I take all the deductions that a validly available to me I can push my income well down below the poverty level (my Greencard posessing spouse also has income from piano teaching that would push us back up to or above poverty level and we are joint filing--- for the second year)(but its her first year with taxable income)------anyway

I obviously would like to pay as small amount of tax as possible (legally!) but I'm wondering if 'they'---USCIS----looks at or cares about our income at this point?

I don't see anything about it in the I-751 form----what say you wise folks? Should I not take the deductions just to make sure MY income alone keeps us above 'poverty'.

Money is tight for us (I'm in construction) and I'd hate not to deduct if it is not an issue....

Thanks!

JB in SC------who never would have made it to this point without VisaJourney or my fellow travelers here who helped.

Did you all ready fill in an affidavit of support?

Are you sending in a new one?

No---I'm not sending a new I-864 (unless its required??)----I see two of you mention that form---is that part of 'removing conditions' ?

Yes, I did the whole I-864 business in previous steps.

We (she) got or (her) greencard w/o an interview by-the-way, we were some of the lucky ones that got the Card directly.

So---as I gather from the responses so far--it doesn't matter how "poor" we are right now----just that we are poor together---?

JB

[ELW 5]

So---as I gather from the responses so far--it doesn't matter how "poor" we are right now----just that we are poor together---?

Right!!

[Otto 83]

So---as I gather from the responses so far--it doesn't matter how "poor" we are right now----just that we are poor together---?

Yup - ain't life grand...

[antda 13]

Hi Johnnysc,

No, no need to send a new I-864 at this stage of the game. Just send in the I-751 and you're fine there. You already sent the I-864 at the previous stages, and that's a done deal there. Lol..just make sure you don't apply for any means tested benefits, and if you do, remember that you and/or your sponsor has to pay it back at this point (unless one of the above I mentioned before happens).

Lol..It doesn't matter how poor you are at this point...and yes, "as long as you are poor together, in a genuine loving married relationship", that's all that counts. After all, "love is priceless", through good economic times and bad....

Ant (Still waiting for I-751, Still waiting for Baby...)

No---I'm not sending a new I-864 (unless its required??)----I see two of you mention that form---is that part of 'removing conditions' ?

Yes, I did the whole I-864 business in previous steps.

We (she) got or (her) greencard w/o an interview by-the-way, we were some of the lucky ones that got the Card directly.

So---as I gather from the responses so far--it doesn't matter how "poor" we are right now----just that we are poor together---?

JB

[Thai Rath 1]

No, you don't need to submit another 864 for removing conditions - one less thing to worry about!

[jasminelily 1]

They only reason it is suggested to include a recent tax return with the I-751 package is to show you file your taxes as married filing jointly - not to measure your income again.

Agree. Income level doesn't matter on I-751, they want to see a joint name tax return because they want to see a true marriage (IMHO, it doesn't prove anything but that's what they want).

[cherr1980 1]

I think the confusion is that some people who are replying are not in the stage of I-751 and think that AOS (if you were before in that process) will repeat for I-751 and are TWO different process.

Ant have explained it pretty clearly.

For I-751 you ARE a conditional resident and you ONLY have to attach evidence of your COMINGLED LIFE, it does not matter if you both live in a camping ground looking at the stars everyday shine or rain. The important thing at this stage "removal of conditions" is that you both have, especially, financial links between the two just to mentions some: credit cards, normal bills like power/cable/cell/phone, leasings/mortgage papers, bank statements, insurance (life/health), things with both names and same address, you can include affidavits from friends/family, joint tax returns *important , pictures, emails, cards bdays/xtmas/anniversaries etc. etc.

At this stage you must demostrate that since they gave you a CPR status you have been living in a marriage life with your spouse. If one of you are without a job it does not matter even if the unemployed is the US citizen.

Good luck!