Tax return and I-134 for k1, please help

[Villanelle 4,122]

^Its about having stable income. So your last tax return matters, your last 12 months matter, your current income matters and future income will matter.

[I AM NOT THAT GUY 5,715]

^Its about having stable income. So your last tax return matters, your last 12 months matter, your current income matters and future income will matter.

Show me where you found that in here:

http://www.state.gov/m/a/dir/regs/fam/

Edited January 21, 2013 by The Patriot

[Villanelle 4,122]

Jeez. Ive never been part of a forum where the members do nothing but pick apart posts and try to one up each other with quotes and policy snippets.

Your last tax return is is essence a statement of your last 12 months of income/last years financials history.

If youre truly interested in seeing and understanding how the 864 is processed then read the Federal regulations on the definitions on what is 'income' and how the guidelines are applied to the 'proof' you submit.

Household income means the income used to determine whether the sponsor meets the minimum income requirements under sections 213A(f)(1)(E), 213A(f)(3), or 213A(f)(5) of the Act. It includes the sponsor's income and may also include the incomes of any individuals who either are related to the sponsor by birth, marriage, or adoption and have been living in the sponsor's residence for the previous 6 months or are lawfully listed as dependents on the sponsor's Federal income tax return for the most recent tax year, even if suc h dependents do not live at the same residence as the sponsor

Income means an individual's total income (adjusted gross income for those who file IRS Form 1040EZ) for purposes of the individual's U.S. Federal income tax liability, including a joint income tax return (e.g., line 22 on the 2004 IRS Form 1040, line 15 on the 2004 IRS Form 1040A, or line 4 on the 2004 IRS Form 1040EZ or the corresponding line on any future revision of these IRS Forms). Only an individual's Federal income tax return--that is, neither a state or territorial income tax return nor an income tax ret urn filed with a foreign government--shall be filed with an affidavit of support, unless the individual had no duty to file a Federal income tax return, and claims that his or her state, territorial or foreign taxable income is sufficient to establish the sufficiency of the affidavit of support. (Revised effective 7/21/06; 71 FR 35732)

(2) Demonstration of ability to support intending immigrants. In order for the intending immigrant to overcome the public charge ground of inadmissibility, the sponsor must demonstrate the means to maintain the intending immigrant at an annual income of at least 125 percent of the Federal poverty line.

(i) Proof of income. (A) The sponsor must include with the Form I-864 either a photocopy or an Internal Revenue Service-issued transcript of his or her complete Federal income tax return for the most recent taxable year (counting from the date of the signing, rather than the filing, of the Form I-864). However, the sponsor may, at his or her option, submit tax returns for the three most recent years if the sponsor believes that these additional tax returns may help in establishing the sponsor's ability to maintain his or her income at the applicable threshold set forth in Form I-864P, Poverty Guidelines. Along with each transcript or photocopy, the sponsor must also submit as initial evidence copies of all schedules filed with each return and (if the sponsor submits a photocopy, rather than an IRS transcript of the tax return(s)) all Forms W-2 (if the sponsor relies on income from employment) and Forms 1099 (if the sponsor relies on income from sources documented on Forms 1099) in meeting the income threshold. The sponsor may also include as initial evidence: Letter(s) evidencing his or her current employment and income, paycheck stub(s) (showing earnings for the most recent six months, financial statements, or other evidence of the sponsor's anticipated household income for the year in which the intending immigrant files the application for an immigrant visa or adjustment of status. By executing Form I-864, the sponsor certifies under penalty of perjury under United States law that the evidence of his or her current household in come is true and correct and that each transcript or photocopy of each income tax return is a true and correct transcript or photocopy of the return that the sponsor filed with the Internal Revenue Service for that taxable year.

©(1) The sponsor's ability to meet the income requirement will be determined based on the sponsor's household income. In establishing the household income, the sponsor may rely entirely on his or her personal income, if it is sufficient to meet the income requirement. The sponsor may also rely on the income of the sponsor's spouse and of any other person included in determining the sponsor's household size, if the spouse or other person is at least 18 years old and has completed and signed an affidavit of support. A per son does not need to be a U.S. citizen, national, or alien lawfully admitted for permanent residence in order to sign an affidavit of support.

Determining the sufficiency of an affidavit of support. The sufficiency of an affidavit of support shall be determined in accordance with this paragraph.

Whether or not youll get approved

(A) Income. The sponsor must first calculate the total income attributable to the sponsor under paragraph ©(2)(i)© of this section for the year in which the intending immigrant filed the application for an immigrant visa or adjustment of status.

How much your current income is

(B) Number of persons to be supported. The sponsor must then determine his or her household size as defined in 8 CFR 213a.1.

Number of people your currently support

© Sufficiency of income. Except as provided in this paragraph, or in paragraph (a)(1)(v)(B) of this section, the sponsor's affidavit of support shall be considered sufficient to satisfy the requirements of section 213A of the Act and this section if the reasonably expected household income for the year in which the intending immigrant filed the application for an immigrant visa or adjustment of status, calculated under paragraph ©(2)(iii)(A) of this section, would equal at least 125 percent of the Federal poverty line for the sponsor's household size as defined in 8 CFR 213a.1 under the Poverty Guidelines in effect when the intending immigrant filed the application for an immigrant visa or for adjustment of status, except that the sponsor's income need only equal at least 100 percent of the Federal poverty line for the sponsor's household size, if the sponsor is on active duty (other than for training) in the Armed Forces of the United States and the intending immigrant is the sponsor's spouse or child.

So you should be approved if your current income for the year in which you filed meets the guidelines, however keep reading-

The sponsor's household income for the year in which the intending immigrant filed the application for an immigrant visa or adjustment of status shall be given the greatest evidentiary weight; any tax return and other information relating to the sponsor's financial history will serve as evidence tending to show whether the sponsor is likely to be able to maintain his or her income in the future. If the projected household income for the year in which the intending immigrant filed the application for an immigrant visa or adjustment of status meets the applicable income threshold, the affidavit of support may be held to be insufficient on the basis of the household income but only if, on the basis of specific facts, including a material change in employment or income history of the sponsor, substitute sponsor, joint sponsor or household member, the number of aliens included in Forms I-864 that the sponsor has signed but that have not yet entered into force in accordance with paragraph (e) of this section, or other relevant facts, it is reasonable to infer that the sponsor will not be able to maintain his or her household income at a level sufficient to meet his or her support obligations.

If your prior tax return did not show that you met the min poverty level you could be denied as its given the heaviest evidentary weight and they can determine you have insufficient history, or they can deny you because they determine it is unlikely you will be able to maintain the income level

For the OPs situation. He would have a tax return that does not show sufficient income for 2011 nor 2012( if he was to file it now). He started his job in apx June 2012. He would be filing for AOS with his spouse in apx late March early April. So hed have about maybe 9 months of work history when filing, but he does have a job contract that ensures his job security through the end of 2013. He could get approved, but theres no guarantee. The longer he waits to file, the more work history he has, from 9 months to 12 months, to 15 months, to finally having a tax return that does meet the min amounts and current proof of income that does qualify. When you file and dont qualify if you dont have a co-sponsor avail- thats it. You lost your money. Theres no refund. My way of looking at is since they put the most weight on the tax return, as a representation of your last 12 month financial history, the OP showing 6 months on his previous tax returns matched up with 6 months of paystubs in addition to his job contract should convince the officer reviewing his 864 that he does meet the conditions to qualify w/o a co-sponsor.

[Derek and Yasmin 0]

This is a lot to sort though. I didn't imagine I would end up in this situation starting out because I took the "current income" at face value. If anyone else was going though this I myself would recommend getting a co-sponsor. I'm going to try as much as I can to get my dad to co-sponsor (which for a variety of reasons is no guarantee and I would have preferred NOT to), at least for the I-134 since its not really binding and getting the visa is critical. I like the idea of waiting for AOS after I have a full year of employment. I also happen to be in serious talks for employment following residency, perhaps that will help if i get an offer later this year. I'm not worried about anything else with our case, just this dang issue with my taxes, especially being just under the requirement. One way or another I believe things will work out, I'm just stressed to the max since the interview is coming up.

[I AM NOT THAT GUY 5,715]

Jeez. Ive never been part of a forum where the members do nothing but pick apart posts and try to one up each other with quotes and policy snippets.

Your last tax return is is essence a statement of your last 12 months of income/last years financials history.

Not in there, is it? ...and now you are causing the OP to panic.

This is a lot to sort though. I didn't imagine I would end up in this situation starting out because I took the "current income" at face value. If anyone else was going though this I myself would recommend getting a co-sponsor. I'm going to try as much as I can to get my dad to co-sponsor (which for a variety of reasons is no guarantee and I would have preferred NOT to), at least for the I-134 since its not really binding and getting the visa is critical. I like the idea of waiting for AOS after I have a full year of employment. I also happen to be in serious talks for employment following residency, perhaps that will help if i get an offer later this year. I'm not worried about anything else with our case, just this dang issue with my taxes, especially being just under the requirement. One way or another I believe things will work out, I'm just stressed to the max since the interview is coming up.

If you can't prove it with your most current tax return, you can use your last few pay stubs and an employer letter.

Edited January 21, 2013 by The Patriot

[Sayha or bust. 71]

Derek, Did you not say your current income is 200% above the poverty? You have no worries now. Now if if you loose your job right before the AOS then you might have to worry because you will not be able to produce an employment letter. Right now you have to be strong and confident for your fiancee. Instant message guys like pushbrk and jimvaphuong they are very educated on the visa process and will give accurate and to the point advice.

Edited January 21, 2013 by Sayha or bust.