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AOS. Prior tax transcripts do not reflect current income. Do I need a co-sponsor?

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Hi Everyone,

I am the USC sponsoring my husband from the UK. I now need to file the AOS and am wondering if we need a co-sponsor. I've browsed the forums, but given how nerve-wracking this all is, I am soliciting second opinions. Please be forgiving.

Now...

I have requested tax transcripts, but I know my last three years of tax transcripts do not meet the financial requirement. In 2010 I graduated from undergrad; in 2011/12 I lived abroad off of modest fellowship stipends; and in 2013 I was largely unemployed or only worked part-time. I did not even file for the 2012 tax year, because I did not need to file as a single person at the time.

Now and since August 2013, I started a funded grad program and am employed as a graduate teaching assistant, making an annual salary of $20,159. This does meet the financial requirement for just the two of us, albeit not by very much. If my tax transcripts reflect a prior income that does not meet the financial requirements and fails to reflect my current income, which does meet the financial requirement, do we need a co-sponsor?

There is also one pesky thing. My gross income is $20,159, but I do have graduate fees to pay ($2,200/year), which I have deducted directly from my paycheck. Will this be a red flag in the AOS? How about the fact that I am a graduate student and my position is consequently not permanent?

Obviously, it would be ideal if we did not need a co-sponsor.

Thanks a bunch!

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: Country: Philippines
Timeline

Just two things your case could went through or not, just guess if you pass over from NVC stage well lucky you for that but way back of that AOS on the interview probably CO will further come up onto that.make sure you always have back up documents just incase may ask it from you that would definitely look for it. In my experience Lately march interview they were few applicants has been struggling during interview talking about Affidavit of support and other some sort of things

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Filed: IR-1/CR-1 Visa Country: India
Timeline

Hi Everyone,

I am the USC sponsoring my husband from the UK. I now need to file the AOS and am wondering if we need a co-sponsor. I've browsed the forums, but given how nerve-wracking this all is, I am soliciting second opinions. Please be forgiving.

Now...

I have requested tax transcripts, but I know my last three years of tax transcripts do not meet the financial requirement. In 2010 I graduated from undergrad; in 2011/12 I lived abroad off of modest fellowship stipends; and in 2013 I was largely unemployed or only worked part-time. I did not even file for the 2012 tax year, because I did not need to file as a single person at the time.

Now and since August 2013, I started a funded grad program and am employed as a graduate teaching assistant, making an annual salary of $20,159. This does meet the financial requirement for just the two of us, albeit not by very much. If my tax transcripts reflect a prior income that does not meet the financial requirements and fails to reflect my current income, which does meet the financial requirement, do we need a co-sponsor?

There is also one pesky thing. My gross income is $20,159, but I do have graduate fees to pay ($2,200/year), which I have deducted directly from my paycheck. Will this be a red flag in the AOS? How about the fact that I am a graduate student and my position is consequently not permanent?

Obviously, it would be ideal if we did not need a co-sponsor.

Thanks a bunch!

I would really go with co-sponsor, if your previous tax returns don't reflect your current income it's recommend to show proof of current income via paystubs and employment letter. In your case it being so close to the line plus the income being deducted already.

With the above considerations, I would recommend a co-sponsor. If you want to take a chance; send to NVC w/o co-sponsor; they might give you a checklist or instructions to get a co-sponsor prior to interview. But I would worry about the consular officer's discretion in that scenario.

Go with a co-sponsor to save your self time and heart-ache of worrying of getting an approval.

USCIS



08-09-2013: Sent I-130 packet


08-13-2013: I-130 NOA1


08-26-2013: Sent I-129F packet


08-28-2013: I-129F NOA1


09-10-2013: I-129F Alien registration number changed


02-03-2014: I-130 and I-129F Transfer to California Service Center


02-13-2014 (AM): I-130 Alien registration number changed


02-13-2014(PM): I-130 and I-129F Approved



NVC


02-27-2014(?): NVC Case Received


03-03-2014: Case Number and IIN assigned; Provided my wife's email address (they had mine on file already)


03-03-2014: DS-261 Available and submitted to NVC


03-04-2014: AOS payment email from NVC


03-05-2014: AOS invoice available on portal; AOS paid


03-06-2014: DS-261 in NVC system awaiting review


03-07-2014: AOS/I-864EZ packet express mailed to NVC


03-08-2014: Received hardcopy in the mail from NVC stating that my K3 Visa application was closed due to the I-130 approval


03-10-2014: AOS shows "PAID"


03-10-2014: AOS packet arrived at NVC


03-12-2014: AOS packet in the system


03-18-2014: IV invoice icon changed from locked folder to yellow exclamation indicating payment to be available soon


03-19-2014: IV invoice/agent email received; IV invoice available on CEAC few hours later; IV invoice paid


03-20-2014: IV Packet express mailed to NVC


03-21-2014: IV invoice shows "PAID"


03-21-2014: IV Packet arrived at NVC


03-21-2014: DS-260 Complete


03-25-2014: IV Packet in the system

03-27-2014: False checklist for IV civil documents. AOS Accepted

04-04-2014: Case Complete


04-11-2014: Case Complete Email


04-11-2014: Interview date assigned for May 22nd


05-22-2014: Visa Approved

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Not sure if this is helpful, but here was my experience. I was largely unemployed for the years before I got married to my UK spouse. I had a well payed job for a few months before we were married. When we sent in our AOS I submitted my 3 previous tax transcripts (even though the income didn't qualify), and also included bank statements, pay stubs, and a letter from my then employer saying how much my estimated income that year was, as well as how long I was employed and that I was in good standing with the company. We had no problems with the AOS portion of the process, and we did not need the co-sponsor.

All that being said, if you have someone that qualifies, and is willing to co-sponsor, I would recommend sending in as much information as you can from both people on the AOS, and err on the side of caution.

A couple of final thought to keep in mind. In my experience, the people working these cases do care, and will usually only deny a visa if something is seriously wrong. They WANT to grant the visa. It's a stressful time in life, but you'll be surprised how quickly after it's over it all becomes a distant memory and you two start your life together!

All the best!

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  • 1 month later...

Thanks guys! We just found out that we were approved, and the husband is scheduled for his interview on June 16th! I didn't end up co-sponsor in the end. For those of you curious how I was approved considering the situation I described above, here is what I submitted in addition to my tax transcripts:

- 6 months paystubs (though they seemed redundant given the employment letter)

- documentation from my employer: one letter from payroll indicated my annual salary ($20,159) and another letter saying how long my position (funding as a graduate assistant) would last for (i.e. 3-5 years contingent on degree progress)

- additional financial assets

- copies of my monthly bank account statements going back 6 months and demonstrating steady savings (~$1,500)

- notarized copies of savings bonds and they're estimated value from the treasury.gov website (~$1,100)

- the annual statement for my roth IRA (~$3,000)

I don't know what if any of this was superfluous, but I went out all out and it worked!

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from Process & Procedures to Progress Reports.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: IR-1/CR-1 Visa Country: Russia
Timeline

Hi Everyone,

No one has seemed to comment, but I'm feeling quite desperate at this point. What are people's thoughts?

Thank you!

Hi how are you/ I will suggest to have a co sponsor ready just in case. if you happened to need it/

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  • 4 months later...
Filed: IR-1/CR-1 Visa Country: India
Timeline

Thanks guys! We just found out that we were approved, and the husband is scheduled for his interview on June 16th! I didn't end up co-sponsor in the end. For those of you curious how I was approved considering the situation I described above, here is what I submitted in addition to my tax transcripts:

- 6 months paystubs (though they seemed redundant given the employment letter)

- documentation from my employer: one letter from payroll indicated my annual salary ($20,159) and another letter saying how long my position (funding as a graduate assistant) would last for (i.e. 3-5 years contingent on degree progress)

- additional financial assets

- copies of my monthly bank account statements going back 6 months and demonstrating steady savings (~$1,500)

- notarized copies of savings bonds and they're estimated value from the treasury.gov website (~$1,100)

- the annual statement for my roth IRA (~$3,000)

I don't know what if any of this was superfluous, but I went out all out and it worked!

I am in similar situation now. I dont have tax info for last 3 years because I was full time student with no income. This year I started working and my estimated income is 37 k. Do I need a co sponsor. ? Plz help. All I have is paystubs and employment letter

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