proof of income for I-864

[sharky 2]

Hi everybody,

I am a little confused as to what to include for the I-864 with my AOS application.... here is my situation....

My wife has not earned enough over the last year so her mother (who lives in the same house) is acting as a co-sponsor and is therefore completing an I-864a. I am going to include a formal letter from her employer as proof of her income, but I am wondering what I should include for my wife's?

She has pay stubs that go back to March of this year, but she has no formal letter from her employer, will this be enough? Part 10. in the instructions for the I-864 seems a little confusing to me! It says "you may include a recent letter from your employer etc"...but it also says "you may provide six months of previous pay stubs", so are you supposed to include both or is it saying "try and submit as much evidence as possible"?

any help would be appreciated

[Dr_LHA 3]

The rules have changed recently, and all that is needed for proof of income is the most recent tax return:

"Reduces required initial documentation: Each sponsor is now required to submit as initial evidence

only his or her single most recent tax return rather than tax returns from the three most recent federal tax

returns, pay stub(s) covering the most recent six months, and an employer letter."

http://www.visajourney.com/forums/index.php?showtopic=23173

Edited July 25, 2006 by dr_lha

[sharky 2]

Thanks for that,

I know that I only need to get the most recent tax returns (as opposed to the last three years)....

but is it compulsory to also submit pay stubs covering the last six months and an employer letter for BOTH my wife's I-864 and my mother in law's I-864a???

[Dr_LHA 3]

Re-read my quote above. I believe that the employment letter and pay stubs are no longer necessary. Just the tax return is needed.

[sharky 2]

sorry dr lha,

I have just re-read the official document and I stand corrected, it sounds like you only need to supply the most recent tax return and not the latter documents

thanks for clearing that up

[Dr_LHA 3]

No problem. I had to read that paragraph several times before I convinced myself that it meant you only needed the tax return! I only filed the tax return, so hopefully should be OK. The affidavit of support is my biggest worry out of all the forms I filed though I must admit.

[Yodrak 7]

Paul C,

Please tell us a bit more about your situation - how much is your wife earning now, on an annualized basis? I.e. what is her current annual salary (not what she earned over the last year). How does that number compare with the required 125% of poverty level income?

Yodrak

Hi everybody,

I am a little confused as to what to include for the I-864 with my AOS application.... here is my situation....

My wife has not earned enough over the last year so her mother (who lives in the same house) is acting as a co-sponsor and is therefore completing an I-864a. I am going to include a formal letter from her employer as proof of her income, but I am wondering what I should include for my wife's?

She has pay stubs that go back to March of this year, but she has no formal letter from her employer, will this be enough? Part 10. in the instructions for the I-864 seems a little confusing to me! It says "you may include a recent letter from your employer etc"...but it also says "you may provide six months of previous pay stubs", so are you supposed to include both or is it saying "try and submit as much evidence as possible"?

any help would be appreciated

[sharky 2]

Yodrak,

Although she claimed to earn an amount that is actually above the 125% level, she hasn't worked that much in the last tax year (we were travelling together in Europe), and so to be safe, we are using her mother's income aswell.

Paul

[Yodrak 7]

dr_lha,

That paragraph does not indicate to me that only a tax return is required as evidence of income. However, the instructions for the I-864 do.

That aside, I am concerned about the number of people who may fill out their I-864 on the basis of just the total of their income for the past year without considering their current income on an annualized basis. Many people, such as recent college graduates or people who suffered a period of unemployment, would benefit by providing more than the required 1 year of tax returns. Current pay stubs and an employer's letter to document current income and current employment conditions, and more than 1 year of tax returns if the 1 most recent year was an anomoly, could demonstrate that a person does not need the assistance of a Joint Sponsor or Household Member.

Yodrak

No problem. I had to read that paragraph several times before I convinced myself that it meant you only needed the tax return! I only filed the tax return, so hopefully should be OK. The affidavit of support is my biggest worry out of all the forms I filed though I must admit.

Paul C,

I sense that you're missing the point of my question - what your wife is earning now is of primary importance, what she earned in the last tax year is of secondary importance and perhaps of no importance at all.

What is she earning now, and under the present circumstances - not last year's circumstances - how likely is it that her current income can be maintained?

Yodrak

Yodrak,

Although she claimed to earn an amount that is actually above the 125% level, she hasn't worked that much in the last tax year (we were travelling together in Europe), and so to be safe, we are using her mother's income aswell.

Paul

[Dr_LHA 3]

That paragraph does not indicate to me that only a tax return is required as evidence of income. However, the instructions for the I-864 do.

Err... OK. The instructions for I-864 are perhaps worded in a more easily comprehendible way, I'll admit, but that paragraph seems pretty clear to me.

[ya falaha! 0]

I have a question...

I didn't work a whole year last year (2005) therefore I didn't meet the requirements but I do make enough currently and have for the last 7 months. Can I include a letter and paystubs to back up my last year's tax return?

[Yodrak 7]

dr_lha,

The paragraph says, 'Submit a, b, and c.'

'a' being the 1 most recent tax return rather than the 3 most recent (the documentation reduction).

'b' being paystubs.

'c' being employer letter.

I think it's clear, but didn't you write earlier in this thread "I had to read that paragraph several times before I convinced myself " ? Perhaps a Freudian Slip.

Yodrak

That paragraph does not indicate to me that only a tax return is required as evidence of income. However, the instructions for the I-864 do.

Err... OK. The instructions for I-864 are perhaps worded in a more easily comprehendible way, I'll admit, but that paragraph seems pretty clear to me.

Edited July 25, 2006 by Yodrak

[Dr_LHA 3]

No, the paragraph says (or is meant to say): "Submit only Tax return for 2005 instead of 3 years of tax returns, pay stubs and employment letters". The 3 items after "instead of" are what you used to have to submit instead of just the 2005 tax return.

When I said I had to re-read it, was because the first time I read it, I misread it as you have. The 2nd time I read it, I realised what they meant.

I should add that this sort of frustating use of the English language, that can be misread easily, is very common when documents are written by lawyers.

[Peter Miami 0]

Peter Miami