I-864 Worries

[NCWife 0]

Hi all...

I have just read about an AOS denial from another poster and my heart just dropped!! It bothers me so much that I can't even sleep since I believe my husband (USC) and I are in a similar situation with a little twist.

My husband has been self-employed for a few years but the economy was so bad last year that it affected his business. He filed for his tax return and reported a loss in his business. I don't really understand the figures and terms on the tax return papers but according to him, his AGI was like $5K plus or something. Not sure of the exact figure but the point is, it is way way way below the poverty level.

Anyways, due to his business going down the drain, he applied for a job at the Sheriff's Office and started working there mid November last year and he is still working there. Now, he is making way above the poverty level, calculating his salary from the Sheriff's Office alone. He is still doing his business on the side and is starting to pick up. Therefore, he has two jobs, two income.

Therefore, our concern is: What does USCIS look at in terms of income? Current income or the past income tax return? He is way above the poverty level if they look at the current income, based on his pay stubs. And the past income..... not so pretty!

Please advice... We were so excited to finally able to start the AOS process but now, we are in total despair. We don't know if we should send in the AOS papers since we cannot risk having me deported back... we have come too far to have this happen to us. I wish I can give the exact figures but my husband is at work now (night shifts this month) and told me to wait for him to post in VJ. It worries me so much that I can't close my eyes to rest.

I hope someone here can offer an opinion or advice of what we should do.

Thanks in advance!

Cheers.....

[Gary and Alla 3,694]

Hi all...

I have just read about an AOS denial from another poster and my heart just dropped!! It bothers me so much that I can't even sleep since I believe my husband (USC) and I are in a similar situation with a little twist.

My husband has been self-employed for a few years but the economy was so bad last year that it affected his business. He filed for his tax return and reported a loss in his business. I don't really understand the figures and terms on the tax return papers but according to him, his AGI was like $5K plus or something. Not sure of the exact figure but the point is, it is way way way below the poverty level.

Anyways, due to his business going down the drain, he applied for a job at the Sheriff's Office and started working there mid November last year and he is still working there. Now, he is making way above the poverty level, calculating his salary from the Sheriff's Office alone. He is still doing his business on the side and is starting to pick up. Therefore, he has two jobs, two income.

Therefore, our concern is: What does USCIS look at in terms of income? Current income or the past income tax return? He is way above the poverty level if they look at the current income, based on his pay stubs. And the past income..... not so pretty!

Please advice... We were so excited to finally able to start the AOS process but now, we are in total despair. We don't know if we should send in the AOS papers since we cannot risk having me deported back... we have come too far to have this happen to us. I wish I can give the exact figures but my husband is at work now (night shifts this month) and told me to wait for him to post in VJ. It worries me so much that I can't close my eyes to rest.

I hope someone here can offer an opinion or advice of what we should do.

Thanks in advance!

Cheers.....

Typically they look at current income first. I do not think you will have a problem. He should list all sources of income, why not? I think they will see he is a guy that tried to make a small business, had some problems and got a job. Pretty good indication the guy wants to make something of himself if you ask me (and they won't). I think you will not have a problem.

Submit the I-864 listing both current sources of income and supporting documents and last year's tax return. Sleep well.

Hi all...

I have just read about an AOS denial from another poster and my heart just dropped!! It bothers me so much that I can't even sleep since I believe my husband (USC) and I are in a similar situation with a little twist.

My husband has been self-employed for a few years but the economy was so bad last year that it affected his business. He filed for his tax return and reported a loss in his business. I don't really understand the figures and terms on the tax return papers but according to him, his AGI was like $5K plus or something. Not sure of the exact figure but the point is, it is way way way below the poverty level.

Anyways, due to his business going down the drain, he applied for a job at the Sheriff's Office and started working there mid November last year and he is still working there. Now, he is making way above the poverty level, calculating his salary from the Sheriff's Office alone. He is still doing his business on the side and is starting to pick up. Therefore, he has two jobs, two income.

Therefore, our concern is: What does USCIS look at in terms of income? Current income or the past income tax return? He is way above the poverty level if they look at the current income, based on his pay stubs. And the past income..... not so pretty!

Please advice... We were so excited to finally able to start the AOS process but now, we are in total despair. We don't know if we should send in the AOS papers since we cannot risk having me deported back... we have come too far to have this happen to us. I wish I can give the exact figures but my husband is at work now (night shifts this month) and told me to wait for him to post in VJ. It worries me so much that I can't close my eyes to rest.

I hope someone here can offer an opinion or advice of what we should do.

Thanks in advance!

Cheers.....

Typically they look at current income first. I do not think you will have a problem. He should list all sources of income, why not? I think they will see he is a guy that tried to make a small business, had some problems and got a job. Pretty good indication the guy wants to make something of himself if you ask me (and they won't). I think you will not have a problem.

Submit the I-864 listing both current sources of income and supporting documents and last year's tax return. Sleep well.

Worst case they will tell you to get a co-sponsor

[NCWife 0]

Thank you so much for your reply. That put our mind at ease, at least for now! I guess we will submit the I-864 with just my husband as the lone sponsor. But if USCIS decides that we need a co-sponsor, I believe they will notify us or send us a RFE before an interview is scheduled, am I right?

Thanks a lot and cheers!