Poverty Guideline Requirements Question

[RUSSandRACHEL 3]

Hi everyone,

Im awaiting my interview date (shouldnt be too long now, I hope ) and so, I'm starting to read through some of the London Embassy Interview reviews. I noticed a few people on there were shocked to find out that they didn't satisfy the requirements for the Affadavit of Support.

Im just starting to think about this and am a little worried.

For my interview I only have:

My fiances -

Affadavit of Support,

2008 Tax Return (Transcript)

Loads of Pay Slips

Letter from his employer.

His earnings (as shown on the payslip and letter) are $31,000, and therefore meet the poverty guideline amount, but, his tax return shows $0.00 as he didn't earn enough to pay for tax during that year. The 2009 Tax return obviously isn't payable until April 2010. Also, he only started his new job in June 2009.

Do you think we will meet the requirements for the K1 visa or does anyone anticipate a problem because his earnings and the tax return don't match up???

Thanks to all in advance!

Edited December 26, 2009 by RUSSandRACHEL

[Nich-Nick 3,354]

I don't think the I-134 lays out instructions too well, so I read the instructions for the I-864 as a guide. That's the Affidavit of Support for AOS. I know with the I-864, if you didn't file taxes at all, you are supposed to write a letter explaining why. But from what you're saying he filed, but had no income. I suppose that was so he could get the tax rebate/incentive thing. Otherwise with no income he wouldn't have to file.

It sounds like you have enough documents and he has well above the required income. Be sure to be knowledgable about why he had no income or was unemployed for a whole year (2008) and half of 2009 and can explain if they ask about it. His current job and earnings are the most important. It would be best if his letter from the employer states that it is a permanent position. The previous tax returns are just to show a history of stable of income is what I have read in USCIS final ruling documents that are published online. Those USCIS docs normally explain the thinking behind rules and forms a little better. It is a subjective decision by the interviewing officer, but I think you've done all you can to show he can support you.

[RUSSandRACHEL 3]

I don't think the I-134 lays out instructions too well, so I read the instructions for the I-864 as a guide. That's the Affidavit of Support for AOS. I know with the I-864, if you didn't file taxes at all, you are supposed to write a letter explaining why. But from what you're saying he filed, but had no income. I suppose that was so he could get the tax rebate/incentive thing. Otherwise with no income he wouldn't have to file.

It sounds like you have enough documents and he has well above the required income. Be sure to be knowledgable about why he had no income or was unemployed for a whole year (2008) and half of 2009 and can explain if they ask about it. His current job and earnings are the most important. It would be best if his letter from the employer states that it is a permanent position. The previous tax returns are just to show a history of stable of income is what I have read in USCIS final ruling documents that are published online. Those USCIS docs normally explain the thinking behind rules and forms a little better. It is a subjective decision by the interviewing officer, but I think you've done all you can to show he can support you.

Hi Nich-Nick, thanks for your reply and advice! Maybe I wasn't clear about his 2008 return. He was self employed so earnt about $5,000 so didnt earn enough to have any tax owed. So he did earn something... just no where near the poverty line. His letter from his employer does state his job is permanent, so we should all be ok then? Phew!