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Filed: AOS (pnd) Country: Brazil
Timeline
Posted

My AOS interview in next week and i am having financial issues.

1) My husband (petitioner-US citizen) is self-employed and owes taxes for 2008 (around 4 grand).

We won't be able to pay it off to the IRS before our interview next week. What should we do? (payment plan??)

2) Another issue...We did meet the 125% poverty line for the 2008 tax year but not for 2007 (his business income was below the line for the 2007 tax year). Will this be an issue?

or does USCIS look at only the most recent tax year, 2008?

Thank you.

Our timeline:

10/27/04 Met honey :)

04/12/05 Engaged!

08/06/05 Moved in together...

08/06/08 Got married!

05/19/09 Sent AOS Package (I-130, I-485, I-693, I-765, I-864)

05/20/09 USCIS received AOS Package 10:43 am

05/26/09 Received NOA for I-130, I-485, I-765

05/26/09 Received biometrics appointment for 06/13/09

06/13/09 Biometrics taken for I-485 and I-765

06/15/09 Notified USCIS of incorrect name spelling

06/20/09 Received letter from USCIS- name corrected

06/27/09 Received Interview Letter for 8/13/09

07/12/09 I-765/EAD approved! (online)

07/16/09 Received EAD!

07/20/09 Applied for SSN.

08/05/09 Received SSN (mail).

08/10/09 touch (I-485, I-130)

08/13/09 Interview...Approved!

Posted
My AOS interview in next week and i am having financial issues.

1) My husband (petitioner-US citizen) is self-employed and owes taxes for 2008 (around 4 grand).

We won't be able to pay it off to the IRS before our interview next week. What should we do? (payment plan??)

You may have to show that you are on a payment plan - I take it you have submitted the 1040 with supporting documentation?

2) Another issue...We did meet the 125% poverty line for the 2008 tax year but not for 2007 (his business income was below the line for the 2007 tax year). Will this be an issue?

or does USCIS look at only the most recent tax year, 2008?

Up to the CO when they look over your case. They are looking at the ability for the petitioner to support the benificiary, and they slide it out five years or so. Remember, the instructions for the affidavits state you can provide 3 years of returns, if you think it will help your case.

Thank you.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: AOS (pnd) Country: Ukraine
Timeline
Posted
Up to the CO when they look over your case. They are looking at the ability for the petitioner to support the benificiary, and they slide it out five years or so. Remember, the instructions for the affidavits state you can provide 3 years of returns, if you think it will help your case.

What does it mean - its up to CO? We also complete I-864 section about most 3 recent year and have in 2006 only 3500$ income, and 2007 and 2008 - we OK. So does it mean can be RFE? Saying for example - you need a co-sponsor because you income history not perfect? Or you did not meet 125% of poverty line in 2006, that's why you have to look someone who meet poverty line in 2006 to be your co-sponsor? But I864 require meet 125% of 2008 only. Confused so much! You made me scare about RFE...

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Current and ongoing income is the important thing. The CO/IO does make a judgement based on the evidence presented. If current income (2009) meets the standard and the earnings history is good and/or shows stability then you should be fine.

To the question: 06-low, 07 & 08-meet guidelines AND 09 (annualized)- meets guidelines should be ok.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: AOS (pnd) Country: Ukraine
Timeline
Posted
Current and ongoing income is the important thing. The CO/IO does make a judgement based on the evidence presented. If current income (2009) meets the standard and the earnings history is good and/or shows stability then you should be fine.

To the question: 06-low, 07 & 08-meet guidelines AND 09 (annualized)- meets guidelines should be ok.

Thank you for answer.

But I can't find anything of ongoing income in I864 instruction. Like they compare ongoing income with something...

Filed: AOS (pnd) Country: Brazil
Timeline
Posted
My AOS interview in next week and i am having financial issues.

1) My husband (petitioner-US citizen) is self-employed and owes taxes for 2008 (around 4 grand).

We won't be able to pay it off to the IRS before our interview next week. What should we do? (payment plan??)

You may have to show that you are on a payment plan - I take it you have submitted the 1040 with supporting documentation?

2) Another issue...We did meet the 125% poverty line for the 2008 tax year but not for 2007 (his business income was below the line for the 2007 tax year). Will this be an issue?

or does USCIS look at only the most recent tax year, 2008?

Up to the CO when they look over your case. They are looking at the ability for the petitioner to support the benificiary, and they slide it out five years or so. Remember, the instructions for the affidavits state you can provide 3 years of returns, if you think it will help your case.

Thank you.

Thank you for the reply.

I have submitted the 3 years of 1040 (2006-high income, 2007-low , 2009-close to poverty line but above it).

I will probably contact IRS to set up a payment plan....and show that to the IO if they ask.

What are some items I could show the IO for our current income for 2009? Bank statements? Check stubs?

We have not filed an estimated tax for 2009.

I appreciate your help.

Our timeline:

10/27/04 Met honey :)

04/12/05 Engaged!

08/06/05 Moved in together...

08/06/08 Got married!

05/19/09 Sent AOS Package (I-130, I-485, I-693, I-765, I-864)

05/20/09 USCIS received AOS Package 10:43 am

05/26/09 Received NOA for I-130, I-485, I-765

05/26/09 Received biometrics appointment for 06/13/09

06/13/09 Biometrics taken for I-485 and I-765

06/15/09 Notified USCIS of incorrect name spelling

06/20/09 Received letter from USCIS- name corrected

06/27/09 Received Interview Letter for 8/13/09

07/12/09 I-765/EAD approved! (online)

07/16/09 Received EAD!

07/20/09 Applied for SSN.

08/05/09 Received SSN (mail).

08/10/09 touch (I-485, I-130)

08/13/09 Interview...Approved!

  • 3 weeks later...
Filed: IR-1/CR-1 Visa Country: Hungary
Timeline
Posted
My AOS interview in next week and i am having financial issues.

1) My husband (petitioner-US citizen) is self-employed and owes taxes for 2008 (around 4 grand).

We won't be able to pay it off to the IRS before our interview next week. What should we do? (payment plan??)

2) Another issue...We did meet the 125% poverty line for the 2008 tax year but not for 2007 (his business income was below the line for the 2007 tax year). Will this be an issue?

or does USCIS look at only the most recent tax year, 2008?

Thank you.

Hi, if you meet the 125% for 2008, you DO NOT need to show 07, and 06 returns. It is only an option.

 
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