Income questsions.

[reloadfreak 0]

Me and my wife (non-us-resident) are having a hard time dealing with this paperwork. We would not agree to how we can deal with the paper work without risking her being deported back to her country.

I do not meet the income requirement. I am only short of few thousands dollars. So we think that we will have to get a co-sponsor and so I got my parents to agreed on helping us. However, my parents have like 5 other dependents in the household. So would this affect the income requirement? Since I am the co-sponsor then I am also counted as a dependent in my parent's tax return? would that change the income requirement further?

my wife thinks we will be included into the number of dependents in the household. I can make enough to support myself but just barely for two. I am 27 with a career job. So what should I do?

our other option is get a "broker" to find us an eligible co-sponsor. it might cost us a grand and also another 1.5 grand for lawyer.

What is the easiest way?

Can someone share me their story that might be helpful?

[Malrothien 6]

Me and my wife (non-us-resident) are having a hard time dealing with this paperwork. We would not agree to how we can deal with the paper work without risking her being deported back to her country.

I do not meet the income requirement. I am only short of few thousands dollars. So we think that we will have to get a co-sponsor and so I got my parents to agreed on helping us. However, my parents have like 5 other dependents in the household. So would this affect the income requirement? Yes, it would. Since I am the co-sponsor then I am also counted as a dependent in my parent's tax return? You are not the co-sponsor, you are the MAIN sponsor. If you are not claimed as a dependent on your parents tax return, then it would not count towards their household. You are also not counted on their household but your wife is.

my wife thinks we will be included into the number of dependents in the household. I can make enough to support myself but just barely for two. I am 27 with a career job. So what should I do?

our other option is get a "broker" to find us an eligible co-sponsor. it might cost us a grand and also another 1.5 grand for lawyer.

What is the easiest way?

Can someone share me their story that might be helpful?

Edited January 12, 2010 by Malrothien

[reloadfreak 0]

thank you for answering. I want to know on reporting the income. Do I need the last 3 years of tax returns to show them? As for the co-sponser, do they have to do the same as well? can they give the 3 tax return even though its not consecutive? (etc. 2005, 2006, 2008...)

[trailmix 77]

Technically they only require the last return that should have been filed, so for instance, right now that would be 2008, by mid-April that will be 2009.

You should still have all 3 on hand at the interview - for yourself and your cosponsor.

Yes, they must be consecutive - per the 1-864 that asks for the last 3 - the figures you enter there must match 100% what is on each of the tax returns you have.

[Bobby+Umit 161]

thank you for answering. I want to know on reporting the income. Do I need the last 3 years of tax returns to show them? As for the co-sponser, do they have to do the same as well? can they give the 3 tax return even though its not consecutive? (etc. 2005, 2006, 2008...)

You usually need one tax return. (most recent tax year)

You can give them three for the most recent tax years if you need more proof.

You cannot use 2005 (it's not the most recent) - so if you filed today (2010), that would be 2007,2008,2009. (they would take 2006,2007,2008 returns since you have till April 15 to file 2009 taxes)

If you do not have the tax returns for those years, you will have to make a written statement and a copy of the instructions from the IRS on why you did not have to file taxes. (they will not consider the 864 if you had to file a return)

Joint sponsors will need to supply the same evidence of income, as the primary sponsor (you).

Source= read this

Edited January 12, 2010 by Bobby_Umit

[christeen 966]

You would file an 864 as the main sponsor

Your parents would file and 864 as co-sponsors, their dependents would be your spouse + patents + dependents that they claim on their tax return... For a household size of 5 it would be $32,238, for 6 $36,913 and for 7 $41,588 Gross income to qualify for above 125% income level...

You need to send in the 2008 returns for you and co-sponsor

If you fall short by a small margin to sponsor her, can you qualify in assets? You can make up the difference in assets by having 5 x the shortfall in liquid assets... For example, you need $18,213 and say your gross income is $15,213 so you fall short by $3,000 then you can show your income plus $15,000 in assets to qualify. Technically as the US citizen you should only have to show 3X the shortfall, however this has been debated since the example on the 864 shows 5x

[Bobby+Umit 161]

<snip>

If you fall short by a small margin to sponsor her, can you qualify in assets? You can make up the difference in assets by having 5 x the shortfall in liquid assets... For example, you need $18,213 and say your gross income is $15,213 so you fall short by $3,000 then you can show your income plus $15,000 in assets to qualify. Technically as the US citizen you should only have to show 3X the shortfall, however this has been debated since the example on the 864 shows 5x

There should be no debate - it's listed as the final rule, as per this press release

If the adjustment of status applicant intends to immigrate as a spouse of a U.S. citizen or as the child of a U.S. citizen who will not become a citizen under section 320 of the Act because the child has already reached his or her 18th birthday, the “significant assets” requirement will be satisfied if the assets equal three times, rather than five times, the difference between the applicable income threshold and the actual household income.

It's also on the State Departments 864 FAQ (linked above).

[christeen 966]

I say debated since it seems that each consulate does not follow this, for example, we showed 3x and I have seen other VJ memeber who were required to demonstrate 5x... so I think that the application of this might be consulate specific. Also, the Italy embassy would not even consider my husbands assets in Italy even though they exceeded by over 15x the 125%, we had to put the 3x in an account in my name in the United States???

Edited January 12, 2010 by christeen

[trailmix 77]

I say debated since it seems that each consulate does not follow this, for example, we showed 3x and I have seen other VJ memeber who were required to demonstrate 5x... so I think that the application of this might be consulate specific. Also, the Italy embassy would not even consider my husbands assets in Italy even though they exceeded by over 15x the 125%, we had to put the 3x in an account in my name in the United States???

It could be consulate or even CO specific. As you have found, they don't always follow their own guidelines.

It's the same in Montreal for some things.

[reloadfreak 0]

Thank you, all the answers are very helpful! I am just curious about another part of proving my income. Another option that i can take is getting a letter from my employee for proof of making certain amount. what should it say on the letter? Someone told me I can have the letter just say " [Me] has been working at [company's name] for [certain amount of time] and he makes [amount] per day." is that adequate?