need advise ASAP I-864

[maryireland 0]

Hi All,

Ok a couple friends of mine are married now a year .On her 3 years tax returns for one year she made less then the required amount To sponsor. Now can they use the spouse who is the intended Immigrant and has being the household member for the past 3 years as an income earner also . He has a tax payer id and has worked filed tax returns and gotten refunds on the same no and while living with his now spouse. Now the Spouse has a new job offer $76,000 a year she works in IT was a victim of the recession re not being gainfully employed for the period I mentioned 2 of her tax returns years meet the poverty line meaning she qualified but one year did not 2009 .But her spouse has lived with her for the past 5 years also do tax transcripts suffice as oppose to the physical tax return .

Any help needed oh yes they gpot their I-130 approved last week :-) Yes the spouse entered the US legally etc .

they have being reading this

http://www.gafnervisalaw.com/2011/01/24/2011-poverty-guidelines-released-i-864-affidavit-of-support-and-i-134-affidavit-of-support/

THanks All..

Mary

[Anh map 2,098]

Your post is very confusing.

Keep thoughts separated in different paragraphs and indicate clearly who is the USC petitioner and who is the intending immigrant.

That will help to get proper answers.

[KayDeeCee 4,893]

You do not need to meet the 125% requirement for all 3 of the past years. You just need to list the amount from your tax returns for those years on #25 of the I-864. You are only required to send in the most recent tax return transcript with the I-864. Current income is what matters most. Current income is proven with a letter from employer and recent pay stubs.

If the spouse is working legally in the US, then their income can be counted too. See the I-864 instructions for more details on that.

[maryireland 0]

Hi All,

Ok a couple friends of mine are married now a year .Over the past 3 years tax returns for one year she made less then the required amount To sponsor. Now can they use the spouse who is the intended Immigrant and has being the household member for the past 3 years as an income earner also . He has a tax payer id and has worked filed tax returns and gotten refunds on the same no and while living with his now spouse. Now the Spouse has a new job offer starting next Wednesday 10/03/2012 $76,000 a year she works in IT was a victim of the recession re not being gainfully employed for the period I mentioned 2 of her tax returns years meet the poverty line meaning she qualified but one year did not 2009 .But her spouse has lived with her for the past 5 years also do tax transcripts suffice as oppose to the physical tax return .

Any help needed oh yes they gpot their I-130 approved last week :-) Yes the spouse entered the US legally etc .

they have being reading this

http://www.gafnervisalaw.com/2011/01/24/2011-poverty-guidelines-released-i-864-affidavit-of-support-and-i-134-affidavit-of-support/

THanks All..

Mary

[maryireland 0]

You do not need to meet the 125% requirement for all 3 of the past years. You just need to list the amount from your tax returns for those years on #25 of the I-864. You are only required to send in the most recent tax return transcript with the I-864. Current income is what matters most. Current income is proven with a letter from employer and recent pay stubs.

If the spouse is working legally in the US, then their income can be counted too. See the I-864 instructions for more details on that.

It says that they need to bring 3 years of tax returns so that would be 2011 20120 and 2009 thye have being married for 2011 and just lived together the other years .The petitioner for 2009 had very low income . Now the petitioner has a new job salary of $76,000 but shes just starting this new role next week has the offer letter etc . Will USCIS be concerned that for 2009 the Petitioner had a low income is my question sorry for the confussion .