Confused filing the I-864 when Adjusting Status

[OlofAllie 0]

Hi everyone!

I had a question about form I-864 when adjusting status. It says that you should state your total taxable income for the last three years, my fiancée (the USC) graduated college in 2010, then spent a year with me in Sweden while I was finishing school and has now worked since August of 2011. So she only had a low income for the years prior to 2011. Her present job is a 1-year contract (that she can sign again for another year, but she wants something more challenging) that finishes in june (at the moment of writing we don't know what her income/ job will be after this) but right now she makes about 34000 annually, so above the required limit.

So my question is would our situation be enough for the I-864 even if we don't know her income past June? Does anyone have any other thoughts/ recommendations regarding our situation and the I-864?

Thanks,

Olof

[KayDeeCee 4,893]

Hi everyone!

I had a question about form I-864 when adjusting status. It says that you should state your total taxable income for the last three years, my fiancée (the USC) graduated college in 2010, then spent a year with me in Sweden while I was finishing school and has now worked since August of 2011. So she only had a low income for the years prior to 2011. Her present job is a 1-year contract (that she can sign again for another year, but she wants something more challenging) that finishes in june (at the moment of writing we don't know what her income/ job will be after this) but right now she makes about 34000 annually, so above the required limit.

So my question is would our situation be enough for the I-864 even if we don't know her income past June? Does anyone have any other thoughts/ recommendations regarding our situation and the I-864?

Thanks,

Olof

She will need to write a statement explaining why she was not legally required to file taxes for the previous years, and provide a tax transcript for the most recent year, 2011.

You generally provide a letter from employer and a few of your most recent pay stubs to prove current income. I am honestly not sure how it will work if her contract ends in June and she has no other job lined up yet. She may need a joint sponsor, even if she is making enough right now, her work contract and income is set to end in June. You could go ahead and file and then see if they accept the current income as it is, or send you an RFE since her job ends in a couple months. That might give enough time for her to have found another job and respond to the RFE. Your other option is to wait until she gets another job, then file. I would personally go with waiting until she has another job secured.

[Peter_Pan 661]

Don't wanna open another thread, so I will steal this one for a bit.

What happens if the USC cannot provide tax transcripts for the past 3 years, but only for 2011? And can we have a co-sonsor, the same one we used for the K1 application?

Edited April 26, 2012 by Peter_Pan

[Penguin_ie 5,994]

Don't wanna open another thread, so I will steal this one for a bit.

What happens if the USC cannot provide tax transcripts for the past 3 years, but only for 2011? And can we have a co-sonsor, the same one we used for the K1 application?

As mentioned above, the petitioner should write a short, one paragraph letter explaining why they didn't file for previous years. Yes, co-sponsor is fine, but if your now-husband made enough in the last year and currently, no co-sponsor should be needed.

[Peter_Pan 661]

Ok, thanks.