Latest tax return (2008) below poverty level.

[ugou 0]

Hello VJ members! I have a question.

My husband just filed his 2008 tax return this month ( April 2009) and it was below the poverty level. Our problem is, we have filed for AOS on march 2009. Since we have not yet filed 2008 tax return at that time , we used 2007, 2006 and 2005 tax returns as prove of income . I am aware that we have to bring a supporting evidence of our relationship (etc. Tax Return) for the interview. I am so nervous about this situation.. Is there anything that we can do about it? Please help me!

Love,

ugou

[reeses16 8]

No, there is nothing you can do about it now. You applied in March and gave them the last 3 years. If you get an RFE because of the I-864, then you should get a co-sponsor or include assets to make up the difference. Whatever you are short, you must document 3 times that amount in assets. So if you were $2000 short, you need $6000 in assets (savings account, CD, stocks, retirement fund, savings bonds, etc.).

[ugou 0]

No, there is nothing you can do about it now. You applied in March and gave them the last 3 years. If you get an RFE because of the I-864, then you should get a co-sponsor or include assets to make up the difference. Whatever you are short, you must document 3 times that amount in assets. So if you were $2000 short, you need $6000 in assets (savings account, CD, stocks, retirement fund, savings bonds, etc.).

Thanks! FYI the last 3 years tax return (2007, 2006, 2005) were way above the poverty level.

[Bobby+Umit 161]

No, there is nothing you can do about it now. You applied in March and gave them the last 3 years. If you get an RFE because of the I-864, then you should get a co-sponsor or include assets to make up the difference. Whatever you are short, you must document 3 times that amount in assets. So if you were $2000 short, you need $6000 in assets (savings account, CD, stocks, retirement fund, savings bonds, etc.).

Thanks! FYI the last 3 years tax return (2007, 2006, 2005) were way above the poverty level.

I wouldn't wait to see if you get an RFE - if you know your not currently making the level, I would line up a co-sponsor, just in case. They may ask for that "most current tax return" since you filed in 2009, that would be 2008.

Good luck!

Edited April 22, 2009 by Bobby_Umit

[ugou 0]

No, there is nothing you can do about it now. You applied in March and gave them the last 3 years. If you get an RFE because of the I-864, then you should get a co-sponsor or include assets to make up the difference. Whatever you are short, you must document 3 times that amount in assets. So if you were $2000 short, you need $6000 in assets (savings account, CD, stocks, retirement fund, savings bonds, etc.).

Thanks! FYI the last 3 years tax return (2007, 2006, 2005) were way above the poverty level.

I wouldn't wait to see if you get an RFE - if you know your not currently making the level, I would line up a co-sponsor, just in case. They may ask for that "most current tax return" since you filed in 2009, that would be 2008.

Good luck!

Oh dear! yep.. that could be done. Hmmm

[Bobby+Umit 161]

Or - depending how close/far you are, you could use assets to make up the difference.

864 FAQ

[ugou 0]

This statement below was found at this link : http://travel.state.gov/visa/immigrants/in...What_Cash_Value

If the poverty guidelines change between the time the petitioner signed the I-864 and the issuance of an immigrant visa, must the petitioner/sponsor and joint sponsor, if required, submit a new I-864?

No. The I-864 will remain valid indefinitely absent other evidence of failure to meet the public charge provisions and should be evaluated based on the poverty guidelines in effect on the date of filing of the I-864 with the National Visa Center, (check on this cable says date of signature by sponsor.) the U.S. embassy or consulate in support of an immigrant visa application. The consular officer will determine whether the income stated by the sponsor and documented in the tax return and any other evidence meets the poverty guidelines in effect as of the time of the I-864 was filed. If the income stated by the sponsor does not meet the poverty guidelines then the consular officer may request the sponsor may submit current year income information.

[TinTin and Samby 11]

This statement below was found at this link : http://travel.state.gov/visa/immigrants/in...What_Cash_Value

If the poverty guidelines change between the time the petitioner signed the I-864 and the issuance of an immigrant visa, must the petitioner/sponsor and joint sponsor, if required, submit a new I-864?

No. The I-864 will remain valid indefinitely absent other evidence of failure to meet the public charge provisions and should be evaluated based on the poverty guidelines in effect on the date of filing of the I-864 with the National Visa Center, (check on this cable says date of signature by sponsor.) the U.S. embassy or consulate in support of an immigrant visa application. The consular officer will determine whether the income stated by the sponsor and documented in the tax return and any other evidence meets the poverty guidelines in effect as of the time of the I-864 was filed. If the income stated by the sponsor does not meet the poverty guidelines then the consular officer may request the sponsor may submit current year income information.

Hi ugou,

Unfortunately, this is referring to a change in the published poverty guidelines. That is not your situation. Your situation refers to a change in your income. As suggested by others here, you have 2 options: 1) see if you can use assets to cover the difference (remember each $1 in income deficiency must be made up with $3 in Assets. or 2) get a co-sponsor.

Good luck to you!

-Samby

[Bobby+Umit 161]

This statement below was found at this link : http://travel.state.gov/visa/immigrants/in...What_Cash_Value

If the poverty guidelines change between the time the petitioner signed the I-864 and the issuance of an immigrant visa, must the petitioner/sponsor and joint sponsor, if required, submit a new I-864?

No. The I-864 will remain valid indefinitely absent other evidence of failure to meet the public charge provisions and should be evaluated based on the poverty guidelines in effect on the date of filing of the I-864 with the National Visa Center, (check on this cable says date of signature by sponsor.) the U.S. embassy or consulate in support of an immigrant visa application. The consular officer will determine whether the income stated by the sponsor and documented in the tax return and any other evidence meets the poverty guidelines in effect as of the time of the I-864 was filed. If the income stated by the sponsor does not meet the poverty guidelines then the consular officer may request the sponsor may submit current year income information.

Yes, but you filed in March 2009.

The most recent tax year would be 2008.

In the instructions for the I-864 it states:

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopiesof your Federal individual income tax returns for the three most recent years.

In all likely hood, they will RFE you for the 2008 returns. If you filed the AOS in 2008, no issues, but you didn't.

So I still recommend, get a co-sponsor, or use assets to make up the difference.

Edited April 22, 2009 by Bobby_Umit

[ugou 0]

This statement below was found at this link : http://travel.state.gov/visa/immigrants/in...What_Cash_Value

If the poverty guidelines change between the time the petitioner signed the I-864 and the issuance of an immigrant visa, must the petitioner/sponsor and joint sponsor, if required, submit a new I-864?

No. The I-864 will remain valid indefinitely absent other evidence of failure to meet the public charge provisions and should be evaluated based on the poverty guidelines in effect on the date of filing of the I-864 with the National Visa Center, (check on this cable says date of signature by sponsor.) the U.S. embassy or consulate in support of an immigrant visa application. The consular officer will determine whether the income stated by the sponsor and documented in the tax return and any other evidence meets the poverty guidelines in effect as of the time of the I-864 was filed. If the income stated by the sponsor does not meet the poverty guidelines then the consular officer may request the sponsor may submit current year income information.

Hi ugou,

Unfortunately, this is referring to a change in the published poverty guidelines. That is not your situation. Your situation refers to a change in your income. As suggested by others here, you have 2 options: 1) see if you can use assets to cover the difference (remember each $1 in income deficiency must be made up with $3 in Assets. or 2) get a co-sponsor.

Good luck to you!

-Samby

Thank you Samby. You were right! hmmm ..

[christera22 8]

Ya samby is right. Either cosponsor or assets. My wifes state teachers disability income is below poverty level for 2005,2006,2007. BUt then they are interested in the current income which we are above $25k adding our house renters income added to this from this year. We applied in March02, 2009. Since my wife has`nt still filed for her taxes, we submitted 05,06 & 07 only. Thus i hope they wdnt look for the 08 tax returns.

I am only concerned about the interview phase. If we dnt get a RFE then i think the same situation ( I mean my wife`s income + renters money) wd hold to prove us above poverty level , in the interview stage too.

Edited April 22, 2009 by christera22