Quick question about I-864

[A Lost Iguana 1]

We've only received our NOA2 last week but I am known worrier and like to consider all eventualities. As it stands, my fiancee (the petitioner) is in the process of switching careers: from a childcare to certified teacher. At the moment she is working as a substitute teacher and may not be able to cover the 125% poverty threshold for our household size until she get gets fully certified and a more permanent position. In the past couple of years she would have been able to meet the 125% limit herself and I believe that she should be able to get tax returns to show that she could.

I am not particularly concerned about the I-134 in London as I have about $20k in savings split between a US bank account and my UK account (the vast majority is held in the UK account and I need to speak to my bank about efficiently moving it into dollars). I also have a science PhD which I hope would count in my favour when it comes to convincing an official in London that I should be able to get a job with a reasonable timescale and not be a public charge when coupled with an affidavit from my fiancee to provide accommodation and suchlike.

My worry is that we are going to come unstuck when it comes to filing the I-864 and her immediate income for the current year is not enough. Does income from previous years factor into the filing or is it only the most recent tax return? Neither of us really want to have to consider a co-sponser (her parents are not an option).

Many thanks!

[JoannaV 174]

The current income is what is important, however past years can help strengthen your case when it is borderline. When she files the I-864 she will be able to include any income or assets of her spouse/the immigrant aka you, so if you can transfer your savings over then that would help. Assets count as 1/3 of their value towards income...so your $20k would be worth $6667 towards the income requirement. What's the 125% figure for a household of two this year, something around $19000? So if you can include your savings then she will only have to show earnings of $13k for this year, say.