Having problems about sponsorship thing for adjustment of status

[Coco35 0]

Hello

I am getting every form prepared to file for adjustment fo status since 10 months ago but because of sponsorship thing, I could not file the forms yet. My husband got a new job like three months ago and the combination of this new job's income and my mom in law' income meets the poverty guidlines. But the thing is the income shown on his 2012 tax return of him and his mom does not meet the pverty guidelines. But we can provide his current pay checks, letters of employess showing that they both make enough. So would their 2012 tax return be a problem ? Sould I go ahead and file the forms for adjustment of status with the proof of current income ?

Thank you very much

[Pitaya 2,577]

~Moved from K-1 Process to Work, Student, Tourist-based AOS Forum~

~Inquirer adjusting status from student visa (F-1)~

[Franciscus 32]

Hello

I am getting every form prepared to file for adjustment fo status since 10 months ago but because of sponsorship thing, I could not file the forms yet. My husband got a new job like three months ago and the combination of this new job's income and my mom in law' income meets the poverty guidlines. But the thing is the income shown on his 2012 tax return of him and his mom does not meet the pverty guidelines. But we can provide his current pay checks, letters of employess showing that they both make enough. So would their 2012 tax return be a problem ? Sould I go ahead and file the forms for adjustment of status with the proof of current income ?

Thank you very much

Hi,

a) I think you cannot combine the income of sponsor and joint sponsor (that is, your husband should qualify on his own -or adding your income if that income will continue in the future-, or your mother in law should qualify on her own -in the case of the joint sponsor, it has to qualify for the members of her household + you-)

b) It is not a problem that the last taxes show low or zero income if the current income is enough (obviously if that can be shown with pay stubs / employer letters)

[Coco35 0]

Hi,

a) I think you cannot combine the income of sponsor and joint sponsor (that is, your husband should qualify on his own -or adding your income if that income will continue in the future-, or your mother in law should qualify on her own -in the case of the joint sponsor, it has to qualify for the members of her household + you-)

b) It is not a problem that the last taxes show low or zero income if the current income is enough (obviously if that can be shown with pay stubs / employer letters)

Hello

I am sorry that I left one information out. My husband, me and my mom live in the same palce ever since I get married . And it says on the website that if we are sharing the same home, we can combine the houshold member's income.

Than you very much for your second information. My lawyer told me that he will go ahead and file for me but he said he won't be able to gurantee that they will approve the sponsor thing just because the current pay check makes enough. He wanted me to have enough on 2012 tax return. That's why I was confused and asking around like should i go ahead and file or not.

[Franciscus 32]

Hello

I am sorry that I left one information out. My husband, me and my mom live in the same palce ever since I get married . And it says on the website that if we are sharing the same home, we can combine the houshold member's income.

Than you very much for your second information. My lawyer told me that he will go ahead and file for me but he said he won't be able to gurantee that they will approve the sponsor thing just because the current pay check makes enough. He wanted me to have enough on 2012 tax return. That's why I was confused and asking around like should i go ahead and file or not.

Oh, now I understand (you just said "mom" in this last message but I assume you mean "mom in law"). Make sure you read carefully about the details for that situation (I think your mother in law has to file an I-864A, not sure about the details though).

What I am completely, absolutely sure is that the income requirement is about current income, not past income. Your sponsor can make 0 in 2010, 0 in 2011, 0 in 2012, but if he makes enough currently as shown in pay stubs / employer letters, that's enough.

[Coco35 0]

Oh, now I understand (you just said "mom" in this last message but I assume you mean "mom in law"). Make sure you read carefully about the details for that situation (I think your mother in law has to file an I-864A, not sure about the details though).

What I am completely, absolutely sure is that the income requirement is about current income, not past income. Your sponsor can make 0 in 2010, 0 in 2011, 0 in 2012, but if he makes enough currently as shown in pay stubs / employer letters, that's enough.

Yes I mean mom in law. I assumed you filed for adjustment of status too. Was your sponsor thing also approved just because of current paycheck , and not proof with latest tax return ? Or yours is alredy enough for every year ?

And my husband don't have 2011, 2010 tax return , do u think will it be ok ? and should we write explanation about why he can't file one for those years ?

[Franciscus 32]

Yes I mean mom in law. I assumed you filed for adjustment of status too. Was your sponsor thing also approved just because of current paycheck , and not proof with latest tax return ? Or yours is alredy enough for every year ?

And my husband don't have 2011, 2010 tax return , do u think will it be ok ? and should we write explanation about why he can't file one for those years ?

I had a similar situation (definitely not enough 2012 income, but enough current "pay stubs" income), and I was approved.

It is not necessary to include tax info besides 2012, so no explanation is needed for that.

[Coco35 0]

I had a similar situation (definitely not enough 2012 income, but enough current "pay stubs" income), and I was approved.

It is not necessary to include tax info besides 2012, so no explanation is needed for that.

I am so glad that yours is approved. I hope everything else wiil go smooth too.

And also, we got married on 2012 , decmeber 7, but my husband could not claim me or could not write me down as a spouse on his 2012 tax return because I don't have SSN . So he just cliams as single. So do u also think that will be a problem too ? We were married for a month on 2012 and he claimed as single . Will the immigration officer understand why he can't describe me as a spouse on his 2012 tax ? And also we are hoping to get SSN asap if I file the adjustment of status now and everything goes smooth , I will be able to get SSN by the time he file for 2013 tax and he will be able to write me as a spouse.

[Franciscus 32]

I am so glad that yours is approved. I hope everything else wiil go smooth too.

And also, we got married on 2012 , decmeber 7, but my husband could not claim me or could not write me down as a spouse on his 2012 tax return because I don't have SSN . So he just cliams as single. So do u also think that will be a problem too ? We were married for a month on 2012 and he claimed as single . Will the immigration officer understand why he can't describe me as a spouse on his 2012 tax ? And also we are hoping to get SSN asap if I file the adjustment of status now and everything goes smooth , I will be able to get SSN by the time he file for 2013 tax and he will be able to write me as a spouse.

Sorry, I don't know about that.

[Coco35 0]

Sorry, I don't know about that.

Oh okay,

But anyway, thank you for other answers.

[Coco35 0]

Sorry, I don't know about that.

hello, I have got one question for you , and I was wondering , would you be able to answer it for me ?

[Franciscus 32]

hello, I have got one question for you , and I was wondering , would you be able to answer it for me ?

Well I don't know, but I'll try, post it here!

[Coco35 0]

Well I don't know, but I'll try, post it here!

HIs employer wrote a letter saying he makes an annual salary of 8000 this year just becuase he got hired three months ago and works only 5 months for this year and she also writes he will make 17600 next year , but in the form, how much is suppsoed to write on current annual ncome ? I mean like his income for a year 17600( based on his new job ) and his mom income can sponsor me , which is gonna be proof of current income, but in this year , if 8000 is supposed to fill on the form for current annual income , that won't be enough for sponsor ?

[Franciscus 32]

HIs employer wrote a letter saying he makes an annual salary of 8000 this year just becuase he got hired three months ago and works only 5 months for this year and she also writes he will make 17600 next year , but in the form, how much is suppsoed to write on current annual ncome ? I mean like his income for a year 17600( based on his new job ) and his mom income can sponsor me , which is gonna be proof of current income, but in this year , if 8000 is supposed to fill on the form for current annual income , that won't be enough for sponsor ?

The current annual income is what he/she is earning right now, multiplied to make it annual. For example, if he/she is earning 100 per month right now (started working november 1st let's say, and was unemployed all the previous months of 2013), her/his annual income is 1,200 (it does not matter that in 2013 he/she will only make 200), and that's what you put there.

Edited November 22, 2013 by Franciscus

[Coco35 0]

The current annual income is what he/she is earning right now, multiplied to make it annual. For example, if he/she is earning 100 per month right now (started working november 1st let's say, and was unemployed all the previous months of 2013), her/his annual income is 1,200 (it does not matter that in 2013 he/she will only make 200), and that's what you put there.

Thank you very much for your information and I got the answer and I have been trying to figure it our for hours,

Again, thanks so much .