Potential AOS issue with Tax Returns

[Ladie of the Bees 0]

Hi all,

I'm still waiting for the K-1 visa process to run its course (waiting for an interview date now!) so I've been reading up on what needs to be done for the AOS and am hoping to get some advice. The one thing that has me really worried is the requirement for three years of tax returns. For about half of 2012 my fiance was out of work, so his tax return for that particular year just falls short of the poverty guidelines for AOS. That's why we waited until 2013 to apply for the K-1, till he had been in his current job for a good six months and we had decent supporting evidence for the I-134. At the time we hadn't realized that when we got to the AOS part of it, he'd have to produce three years of tax returns.

Has anyone had any experience of issues with previous tax year returns not being enough for the AOS? It seems crazy that someone should be allowed entry based on the affidavit for a K-1 due to current earnings but then judged as not having had enough previous earnings when it gets to AOS! I do have my own savings that I have been building up for when I move over there (approx $7.5kUSD) - don't know if this will make much of a difference? I fully intend on working ASAP as well (irony is I will be able to get a better job than my fiance!)

My fiancee could potentially ask his Dad to co-sponsor but is incredibly uncomfortable with the idea as he does not want his dad tied into anything "binding". My fiance is very much of the "lets see what happens when we file for it and it'll just have to work out!" school of thought, whereas I like to plan resolutions to potential problems. Personally I don't think his dad would mind too much but its something we have argued about quite a bit (just to make a stressful process even more stressful!).

Anyone able to offer an insight? This is keeping me up at nights at the moment!

Cheers,

Rhi

[Nich-Nick 3,354]

You ability support is not based on three years of tax returns. Read the instructions for the I-864 for more detailed insight. Sometimes summaries on VJ don't go into detail.

The form asks for numbers taken from the last three tax returns. If you didn't file, then a reason it wasn't required...like no income earned, so no return required. So the myth you must have three years is not correct.

Mail in only the latest return is the requirement, IF you think the other two reflect positively on your case, you have the OPTION to mail them. And if there is no return at all, a reason why you were not required by the IRS to file.

The USCIS is concerned with current income. if you have a new job, better job, a raise....that is not reflected on the most recent tax return, then provide evidence in the form of an employer letter and 6 months pay stubs to prove current income. It will pass.

Your money is his money so prove cash savings if you need to supplement the income with assets.

[Dave&Roza 748]

Hi all,

I'm still waiting for the K-1 visa process to run its course (waiting for an interview date now!) so I've been reading up on what needs to be done for the AOS and am hoping to get some advice. The one thing that has me really worried is the requirement for three years of tax returns. For about half of 2012 my fiance was out of work, so his tax return for that particular year just falls short of the poverty guidelines for AOS. That's why we waited until 2013 to apply for the K-1, till he had been in his current job for a good six months and we had decent supporting evidence for the I-134. At the time we hadn't realized that when we got to the AOS part of it, he'd have to produce three years of tax returns.

Has anyone had any experience of issues with previous tax year returns not being enough for the AOS? It seems crazy that someone should be allowed entry based on the affidavit for a K-1 due to current earnings but then judged as not having had enough previous earnings when it gets to AOS! I do have my own savings that I have been building up for when I move over there (approx $7.5kUSD) - don't know if this will make much of a difference? I fully intend on working ASAP as well (irony is I will be able to get a better job than my fiance!)

My fiancee could potentially ask his Dad to co-sponsor but is incredibly uncomfortable with the idea as he does not want his dad tied into anything "binding". My fiance is very much of the "lets see what happens when we file for it and it'll just have to work out!" school of thought, whereas I like to plan resolutions to potential problems. Personally I don't think his dad would mind too much but its something we have argued about quite a bit (just to make a stressful process even more stressful!).

Anyone able to offer an insight? This is keeping me up at nights at the moment!

Cheers,

Rhi

This question and the one about "my last two years income taxes are enough, but this year I am under the poverty level" has been asked many, many times. The USCIS wants to see if the sponsor's CURRENT income is above the poverty level. You can do that with a letter from his employer stating position, salary, hire date, status of the position (i.e. full-time, contract labor, part-time, etc), and with recent pay stubs. The tax returns are to show that the sponsor does in fact follow the rules and files a tax return as required by the IRS. It can also show income pattern i.e. consistant increasing earnings, or erratic earnings.

You are in a better place than the people who have sufficient income on previous tax returns, but their current income is below the poverty level as your sponsor's income is above the poverty level now. All you need to do is prove it. Assests can be used but for a spouse (filing the AOS from a K-1) the assets are taken at 1/3 their fair market value and they must be readily convertable into cash and not place an undue hardship if sold. A primary house is an example of something that would be excluded. So if your sponsor is $4,000 short of the 125% of the poverty level, he would need $12,000 worth of assets to offset that shortfall.

Sounds like he makes enough NOW so you should be good to go.

Good luck,

Dave

[Ladie of the Bees 0]

Thanks guys! This makes it clearer as to why they are needed. I think we should be good.

I'll go and relax for a bit now before finding something else to worry about

Cheers

Rhi