AOS ?: Low Income in 2010

[LucidDreams 1]

Hi! I'm getting married to a Filipina and this is my first post here! We met earlier this month in Cebu, Phillipines. I am from Wisconsin, United States.

Question regarding the Affidavide of Support. I understand that I need to make over 125% of the Federal Poverty line. For two people that's about $19,387. I understand that while I only need to submit last year's tax return, I still need to state my last 3 years of income.

My Gross income via my filed taxes are:

2012: $29,200

2011: $32,900

2010: $16,700

I'm concerned because in 2010 I made about 91% of the Federal Poverty line as it was defined that year. Far less than the 125% requred.

That's because I didn't work the first half of 2010. The reason was because I quit my job late in the year before to go back to school full-time to finish my pre-reqs for nursing school.

I've already made over $20k this year, and actually I just got my LPN degree and job and just started making $22/hr last week. (with the same employer I've been working for since March). By this time next year, I'll have my RN and my current employer starts new RN's out at $32/hr.

At any rate, I'll make about 30k this year.

So, it is safe to start the process of starting the K1 visa and the affiidavide of support now, which would consider my low 2010 income?

Or, should I wait until Febuary when I'll have new taxes, and then the lowlely income I made in 2010 will never be revealed (as I would just submit 2013, 2012 and 2011 numbers).

[LucidDreams 1]

I also chose to post this in the Philippines-specific forum because I hear Manila is a bit more strict on the income requirements; at least, I hear that they do not allow co-sponsers.

[kambingaso 9]

I'm sure they'll be appeased to see the last two years' income.

By the way, make sure to order the XS-sized cheesehead!

[Happytobe 164]

with the last 2 years being well above in conjunction with your current pay, I think you will be ok. Good luck!

[Niblet 22]

shouldnt be an issue,,,just make sure you submit proof of employment with current salary and your last pay stub when she goes to interview

[notusinganymore 31]

Hi! I'm getting married to a Filipina and this is my first post here! We met earlier this month in Cebu, Phillipines. I am from Wisconsin, United States.

Question regarding the Affidavide of Support. I understand that I need to make over 125% of the Federal Poverty line. For two people that's about $19,387. I understand that while I only need to submit last year's tax return, I still need to state my last 3 years of income.

My Gross income via my filed taxes are:

2012: $29,200

2011: $32,900

2010: $16,700

I'm concerned because in 2010 I made about 91% of the Federal Poverty line as it was defined that year. Far less than the 125% requred.

That's because I didn't work the first half of 2010. The reason was because I quit my job late in the year before to go back to school full-time to finish my pre-reqs for nursing school.

I've already made over $20k this year, and actually I just got my LPN degree and job and just started making $22/hr last week. (with the same employer I've been working for since March). By this time next year, I'll have my RN and my current employer starts new RN's out at $32/hr.

At any rate, I'll make about 30k this year.

So, it is safe to start the process of starting the K1 visa and the affiidavide of support now, which would consider my low 2010 income?

Or, should I wait until Febuary when I'll have new taxes, and then the lowlely income I made in 2010 will never be revealed (as I would just submit 2013, 2012 and 2011 numbers).

you'll be fine. It is the current income they are looking at. Just be sure to include employer's letter stating your job with salary or rate, 2012 1040, and pay stubs or the like.

[Hank_ 9,174]

Hi! I'm getting married to a Filipina and this is my first post here! We met earlier this month in Cebu, Phillipines. I am from Wisconsin, United States.

Question regarding the Affidavide of Support. I understand that I need to make over 125% of the Federal Poverty line. For two people that's about $19,387. I understand that while I only need to submit last year's tax return, I still need to state my last 3 years of income.

My Gross income via my filed taxes are:

2012: $29,200

2011: $32,900

2010: $16,700

I'm concerned because in 2010 I made about 91% of the Federal Poverty line as it was defined that year. Far less than the 125% requred.

That's because I didn't work the first half of 2010. The reason was because I quit my job late in the year before to go back to school full-time to finish my pre-reqs for nursing school.

I've already made over $20k this year, and actually I just got my LPN degree and job and just started making $22/hr last week. (with the same employer I've been working for since March). By this time next year, I'll have my RN and my current employer starts new RN's out at $32/hr.

At any rate, I'll make about 30k this year.

So, it is safe to start the process of starting the K1 visa and the affiidavide of support now, which would consider my low 2010 income? USEM only wants the most recent tax return, which for now is 2012.

Or, should I wait until Febuary when I'll have new taxes, and then the lowlely income I made in 2010 will never be revealed (as I would just submit 2013, 2012 and 2011 numbers). USEM only wants the most recent tax return, they do NOT want 3 years of returns...

USEM only wants the most RECENT tax return and W-2. They do not care about previous years and will not ask for previous years tax return, nor will they take previous years tax returns if you try to hand them to the CO.

You are fine.

Edited September 17, 2013 by Hank_

[chix2324 1]

They only took my 2012 income tax return. They didn't even look at my previous ones., That should be fine.

[LucidDreams 1]

Thank you for the replies!

It seems like you all say not to worry, which is great. They really just care about recent income. However, I just wanted to point out that on the form i-864, on the 6th page, it does require entry of the 3 most recent years of tax information. We don't need to provide proof like a 1040 unless asked, but we still have to write it down for them to review nevertheless.

It seems though, from what you guys are saying, that even though they want the 3rd year information, that a low income that year isn't significant. I just wonder why they ask for information that they won't use for making a decision?

http://www.uscis.gov/files/form/i-864.pdf

[Hank_ 9,174]

The I-864 isn't needed until you are doing Adjustment of Status, still not a worry.

[DavenRoxy 1,073]

The I-864 isn't needed until you are doing Adjustment of Status, still not a worry.

What Hank said. That is for after you are married and file for AOS.