I-864 Income

[cup1981 5]

Hey all, it's been a while since my last post, but my wife and I are starting the process for her immigration to the U.S. We are planning to leave in July of next year, as that's when her section 212(e) expires. We are dropping off her I-130 and the other documents they request (the guidelines are a little sketchy to me), as well as registering my son as a U.S. Citizen born abroad.

My dilemma here is that the 2009 tax year I fell a little short of the minimum -- about $1,000 short. The rest of the years I beat it by several thousand dollars and the average of the three is well over the 125% poverty line. My wage now is all from self-employment, but by averaging what I have made so far, I beat the 125% poverty line by several thousand.

Will me being a little low one of three years disqualify my wife from immigrating?

[Anh map 2,098]

Income used in the I-864 for a self employed person is line 22 of the most recent year's 1040 tax return. If you are planning for 2012 then make sure that your income for 2011 after expenses, deductions, etc. meets the requirement.

Edited June 2, 2011 by Anh map

[cup1981 5]

The issue I have is that last years 1040 has me working a normal job making significantly more money than I am now. I was still self employed, but only part-time. I made less than half of the 125% last year in self-employed income. Is that going to cause any issues?

[Anh map 2,098]

If you are planning to submit the I-864 in 2012 then your 2011 tax return line 22 will be the income used. Past years won't apply. You can make up any income shortfall with assets. See there I-864 FAQ's for some more info >> http://travel.state.gov/visa/immigrants/info/info_3183.html

[cup1981 5]

Sorry, I am probably asking stupid questions....

Do I submit the I-864 when I drop off the I-130 at the consulate, or do I give it to them at the visa interview?

If I submit it when I initially drop off the I-130, then I will be working off of 2010's tax year, I would assume. Ugh, so confusing.

[cup1981 5]

Never mind, I found the info I needed in the step-by-step page on this site. Looks like the I-864 is part of the pre-interview stage.

Thanks!!

Edited June 2, 2011 by cup1981