K1 approved, question about AOS? Income situation?

[Mythical85 0]

Hey everyone, well after receiving the great news that my soon to be wife was approved for her K1 visa after only a 5 minute interview she will be arriving on August 4th and we plan to get married in September (early September). I wasn't prepared for the next step which I realize is AOS, when I spoke to USCIS, they had indicated on one call that for the purpose of the K1 was for marriage which my soon to be wife and I intend to marry and then we can start a adjustment of status process. Another USCIS officer had indicated (from my understanding) that my soon to be wife should definitely get a AOS and I had asked if it was required or a time frame which I asked if it she was able to stay after the 90 days, the officer had indicated that she wouldn't have a status but that it shouldn't affect anything.

The question I had about the AOS is I am assuming that it will be similar to the K1 process? I was a bit concerned about the whole income situation how they evaluate that, I work part time at home for a very large computer company but with my overtime, I have worked overtime the entire time I have been employed there (almost a year now) and have the income of what someone on salary would have, even though my verification letter indicated i was part time, the consulate approved it. I have paystubs that prove that my income is well above the poverty level from my last income taxes and this year will prove I am well above the poverty level as well even though I don't necessarily have a ton in assets right now. I was concerned how the AOS form when it is submitted is looked at in terms of income if it's current assets or only looking at your last income taxes? Obviously my soon to be wife and I want to show intent that we both want to live together, the whole process has been very expensive, stressful and very long but we want to be together and live our lives and figured any assistance would help us before she comes to the United States. It sounds like at this point AOS is definitely required.

[Penguin_ie 5,996]

AOS is required, and she won;t be able to work or travel until it is filed. Your income will be the same as for the K1 interview, right? if you passed that, chances are you will pass the financial requirement for the AOS.

[Mythical85 0]

Do they go off assets or only yearly income?

[KayDeeCee 4,896]

Do they go off assets or only yearly income?

You can use assets at 3 times the shortcoming in income. For example, if you need $25k but only make $20k, then you have a shortcoming of $5k and would need at least $15k in assets to make up the difference.

[Mythical85 0]

You can use assets at 3 times the shortcoming in income. For example, if you need $25k but only make $20k, then you have a shortcoming of $5k and would need at least $15k in assets to make up the difference.

I made 31,000 last year, I work part time on paper but because of the overtime I have worked for the past 9 months I am technically working full time.

This years income will be 40,000 but I was wondering if they are only wanting your income for the year or if they want actual assets in real time in the bank account?

[KayDeeCee 4,896]

I made 31,000 last year, I work part time on paper but because of the overtime I have worked for the past 9 months I am technically working full time.

This years income will be 40,000 but I was wondering if they are only wanting your income for the year or if they want actual assets in real time in the bank account?

If you earn enough for your household size and can prove it with a letter from your employer and pay stubs, then no reason to list assets at all. You just leave the assets section blank. There is no requirement to have assets. You just need to have enough income.

[Mythical85 0]

If you earn enough for your household size and can prove it with a letter from your employer and pay stubs, then no reason to list assets at all. You just leave the assets section blank. There is no requirement to have assets. You just need to have enough income.

It is ok to leave assets blank? Also I did not work 2009 or file a return because I started working in 2010, should that be an issue? My 2011 income looks great and my 2012 income should be fine as well once tax season comes up

[KayDeeCee 4,896]

It is ok to leave assets blank? Also I did not work 2009 or file a return because I started working in 2010, should that be an issue? My 2011 income looks great and my 2012 income should be fine as well once tax season comes up

Yes, if you are not listing assets, leave that part of the form blank.

If you did not file for one of the last 3 years, on #25, for the year you did not file put N/A-NOT REQUIRED TO FILE and include an explanation as to why you were not legally obligated to file taxes that year. You are only required to send in a copy of your most recent 2011 tax transcript with the I-864.

[JimVaPhuong 4,863]

It is ok to leave assets blank? Also I did not work 2009 or file a return because I started working in 2010, should that be an issue? My 2011 income looks great and my 2012 income should be fine as well once tax season comes up

If your total income on your 2011 tax return was above the minimum, and you've got documents to prove your income this year, then you should be fine.

You don't have to declare assets unless you intend to use them to make up for a shortage in income.

The law says you are required to submit tax returns for the most recent three years, but that DHS has the discretion to require only the most recent year's tax return. USCIS has interpreted this more liberally when drafting the I-864 form. They require only the most recent year's tax return, but may request the most recent three years if they require more evidence. If that happens then you submit a declaration for 2009 stating that you weren't required to file because your income was below the threshold that would have required you to file.

Submit an IRS transcript for 2011, along with your evidence of current income, and just wait and see if get an RFE for more tax returns.

[Mythical85 0]

If your total income on your 2011 tax return was above the minimum, and you've got documents to prove your income this year, then you should be fine.

You don't have to declare assets unless you intend to use them to make up for a shortage in income.

The law says you are required to submit tax returns for the most recent three years, but that DHS has the discretion to require only the most recent year's tax return. USCIS has interpreted this more liberally when drafting the I-864 form. They require only the most recent year's tax return, but may request the most recent three years if they require more evidence. If that happens then you submit a declaration for 2009 stating that you weren't required to file because your income was below the threshold that would have required you to file.

Submit an IRS transcript for 2011, along with your evidence of current income, and just wait and see if get an RFE for more tax returns.

Thanks for the reply, should w2s be sufficient or should I include my paystubs as well?

[X Factor 1,112]

Thanks for the reply, should w2s be sufficient or should I include my paystubs as well?

Since w-2 only cover what you earned up to the end of the year, include recent paystubs since they are current proof of income.

[Mythical85 0]

Since w-2 only cover what you earned up to the end of the year, include recent paystubs since they are current proof of income.

As my salary is not guaranteed due to overtime if for some reason I were to go back to being part time or income situation changed albeit still being employed, would this affect the income status for AOS? I know I will likely have more overtime coming up but just wanted to confirm. I have heard people who are unemployed who received AOS due to their last year income taxes.

[JimVaPhuong 4,863]

Thanks for the reply, should w2s be sufficient or should I include my paystubs as well?

Neither W2's nor paystubs are a tax return. You must submit a complete copy of a tax return, including all forms, schedules, and supporting documents (including W2's), just as it would be submitted to the IRS. A much easier option is to simply go to the IRS website and request a tax return transcript. It's free, and you'll get it within a couple of weeks. If you submit a tax return transcript then you don't need to submit any W2's or any other tax forms.

http://www.irs.gov/individuals/article/0,,id=232168,00.html?portlet=105

Paystubs are useful as proof of current income, but should be supported by a letter of employment. This is a letter on your employer's company letterhead stationary indicating when you were hired, your employment status (full time, part time, contractor, etc.), and your current or estimated annual salary.

As my salary is not guaranteed due to overtime if for some reason I were to go back to being part time or income situation changed albeit still being employed, would this affect the income status for AOS? I know I will likely have more overtime coming up but just wanted to confirm. I have heard people who are unemployed who received AOS due to their last year income taxes.

Those people were very fortunate. They often don't accept tax returns alone. I submitted three years of tax transcripts that each showed sufficient income to sponsor a small busload of immigrants, and I was still asked for a letter of employment at the interview. I had the letter, so it wasn't a problem.

The IO is supposed to make a determination whether your income in the year you submit the affidavit of support will be sufficient to meet the minimum income requirements. This means that if you submit the affidavit of support in 2012 then the IO has to determine, based on the evidence you provide, whether your income in 2012 will be sufficient.

This is an issue that a surprising number of people don't seem to understand. It's a common misconception that the IO is only concerned with how much money you're making right now. For example, they believe the IO will look at your weekly paycheck and multiply it by 52, and if the result is sufficient then they'll accept the affidavit as sufficient. Those people are then stumped when somebody starts a new job in September making what appears to be sufficient income, and they're given an RFE for a joint sponsor. Here's what the Adjudicators Field Manual says:

When determining the sufficiency of a Form I-864, USCIS shall first consider the sponsor’s anticipated income for the year the sponsor signed Form I-864. Thus, during the initial evidence review, USCIS shall as a general rule determine the sufficiency of a Form I-864 based on the sponsor’s reasonably anticipated household income for the year in which the sponsor signed the Form I-864.

Bottom line is it's not how much you make per year, but how much the IO believes you are going to make this year that matters. If you've been working at least since the beginning of the year then the letter of employment should show this, since it shows when you began working. If you are depending on the overtime pay in order to qualify then you need to demonstrate that the overtime pay is something you regularly receive so that the IO can presume it's something you'll continue to receive in the future. You don't have to include every paystub you've received this year, especially if your stubs show year-to-date earnings, but a paystub from each month might be a good idea.

[bigdog 376]

Jim covered that well.

[Jon&Clau 1]

In reading this thread, I actually thought of another question...I had submitted a Letter from my employer with my application for a K-1 which has since been approved. So does anyone know if I can use that same letter for my i-864, or do I have to get a new letter from my employer?

Thanks!!

Jon&Clau