Need Help regarding AOS

[IamSTJ 0]

Hi every one. I have a serious question about my aos. I have entered US legally on K-1 visa. Got married to my fiancee (US Citizen) with in 90 days and also filed for AOS with in 90 days. Received NO1 for I-485 EAD & AP. Did my biometrics and after that got an RFE regarding Affidavit of Support. Now the problem is that my wife filed for her taxes for the first time last year and it was for only 6 months since she worked only six months last year. And tax returns filling amount was almost 16000 $. Then she was working at a place who paid her cash salary. Now she is back on her old job where taxes are deduct on every pay role. Her income is more then 18900$ for sure per year. But my question is what should I do now? Since I am new here and don't know any one and don't have friends here in US who can give us Affidavit of Support if needed. I have only 5 days left to submit the RFE papers with affidavit of support. My question is what should I do now? Or if I am unable to respond will I be able to refile later when i find some one to give me affidavit of support or will they ask me to leave the country? Or should i wait till next year when we file our taxes together and so she can give me affidavit of support??? Help anyone. I am stuck and don't know what to do. Please help me if there is any other way. Dead line date is 10th August 2012. Thanks in advance.

Most of you would be thinking that what was I doing all these months. Trust me i have tried my level best to get an Affidavit Of Support. No LUCK

Forgive me for my English. If there are any mistakes.

Regards.

[KayDeeCee 4,893]

Hi every one. I have a serious question about my aos. I have entered US legally on K-1 visa. Got married to my fiancee (US Citizen) with in 90 days and also filed for AOS with in 90 days. Received NO1 for I-485 EAD & AP. Did my biometrics and after that got an RFE regarding Affidavit of Support. Now the problem is that my wife filed for her taxes for the first time last year and it was for only 6 months since she worked only six months last year. And tax returns filling amount was almost 16000 $. Then she was working at a place who paid her cash salary. Now she is back on her old job where taxes are deduct on every pay role. Her income is more then 18900$ for sure per year. But my question is what should I do now? Since I am new here and don't know any one and don't have friends here in US who can give us Affidavit of Support if needed. I have only 5 days left to submit the RFE papers with affidavit of support. My question is what should I do now? Or if I am unable to respond will I be able to refile later when i find some one to give me affidavit of support or will they ask me to leave the country? Or should i wait till next year when we file our taxes together and so she can give me affidavit of support??? Help anyone. I am stuck and don't know what to do. Please help me if there is any other way. Dead line date is 10th August 2012. Thanks in advance.

Most of you would be thinking that what was I doing all these months. Trust me i have tried my level best to get an Affidavit Of Support. No LUCK

Forgive me for my English. If there are any mistakes.

Regards.

If her income is more than the $18,912 that is needed for a household of 2, then send back the RFE with her I-864 and proof of her current salary, such as a letter from her employer and most recent pay stubs. What was already sent? What did the RFE specifically ask for?

[IamSTJ 0]

They ask for recent 6 months pay stub. 1099 w2s tax returns. She is earning more then 18912$ but her last year taxes are 16000$ because she worked only six months. Should i send that last year taxes of 16000$ with a note or something? And plus i don't have her last 6 months pay stubs? Because in the middle she was working on cash. Thanks for your reply.

[ceadsearc 516]

You were supposed to send last years taxes no matter what. She should include the most recent pay stubs she has as well as a letter from her employe stating her salary. Otherwise he a cosponsor ASAP. Make sure you overnight everything. I'm not sure why you waited so long to respond but if it isn't received by the deadline - and to their satisfaction - you'll be denied. You can reapply but you'll have to pay again and your EAD and AP will be automatically voided.

[KayDeeCee 4,893]

Yes, send her 2011 taxes. It was a requirement to send in the most recent complete tax return with all forms, schedules and W-2s/1099s, or IRS transcript. She needs to prove how much she currently earns, which is the most important thing. Have her get a letter from her employer on company stationary stating her position and income. Send in all the most recent pay stubs she has, and she can include a statement that she does not have the last 6 months worth because she only began to get the pay stubs in whatever month they started. Send in your RFE as soon as you get the documents together. You need to get it there before the 10th, so I agree with ceadsearc, overnight it.

[JimVaPhuong 4,863]

This is a topic that's often misunderstood on VJ. Many presume you can take the total income on the most recent pay stub, multiply by the number of pay checks the sponsor would receive over the course of a year, and that's the annual income that the IO is going to consider. While it often does work out that way for a sponsor who has been at the same job for more than a year, that's not how the IO is supposed to determine if an affidavit of support is sufficient. This is 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.

Notice the phrase "anticipated income for the year the sponsor signed Form I-864". This means that if a sponsor signs an affidavit of support in 2012 then they want to see evidence that the sponsor is going to make enough money in 2012 to qualify. They're not going to look at the total income on that pay stub and multiply by the number of pay checks the sponsor would receive in a year. They're going to multiply by the number of pay checks they're expected to get by the end of the the current year, and then add their year-to-date income. In other words, they're going to attempt to figure out how much total income the sponsor is going to be claiming on their next tax return. If it's enough to qualify then they'll consider the affidavit of support to be sufficient. If it's not then they'll send an RFE for more evidence or a joint sponsor.

Where this causes people to get into trouble is when they start a job in the middle of the year with annualized income that's more than enough to qualify, but they aren't going to make enough before the end of the current year to qualify. They are then surprised when they get an RFE. Many people have posted on VJ when they've gotten RFE's in those circumstances, and many VJ members seem equally surprised about the RFE, but it makes sense when viewed in the light of the guidance above.

If a sponsor changes jobs in the middle of the year then they should submit the last pay stub they received on their previous job (as long as that last pay stub was received in the current year), as well as pay stubs from their current job and a letter of employment. The IO can add the year-to-date income from the previous job with the year-to-date income from the current job, and then figure out how much more money the sponsor will receive by the end of the year. If the total is enough to qualify then they should consider the affidavit of support to be sufficient. In other words, you want to prove that the total income on the tax return you file next year will be sufficient.