3 Year Financial Requirement?

[corvusheart 163]

Do you need to meet 125% of the financial requirement for the last 3 years for the I-864? With my current job I meet the financial requirement. So this year I am above the poverty level and last year as well. However I've only been working at this job since Feb 2013 so 2012 and the previous years I was below the guideline. Will this effect I-864?

[amuna0526 11]

You must submit your most recent tax transcript or return. If you believe additional returns will help establish your ability to maintain income, you can submit transcripts or returns for the last three years. But the most recent is required.

[corvusheart 163]

My 2013 transcript proves I am above 125% of the requirement, and naturally my income is even higher this year. But 2012 and earlier I am below the guideline. Will this cause problems?

[Nich-Nick 3,354]

My 2013 transcript proves I am above 125% of the requirement, and naturally my income is even higher this year. But 2012 and earlier I am below the guideline. Will this cause problems?

No. The term "current income" means what you make today carried out to what a year's worth will be. That is the figure they want to see above the threshold.

[corvusheart 163]

No. The term "current income" means what you make today carried out to what a year's worth will be. That is the figure they want to see above the threshold.

So why am I required to provide 3 years transcripts then? Or is only most recent transcript required?

[Avery Cates 1,141]

So why am I required to provide 3 years transcripts then? Or is only most recent transcript required?

Read the form. They want 3 years. Attaching Transcripts is optional, but there's no real reason not to do it.

What you're currently making in this current year is what matters most.

[corvusheart 163]

Read the form. They want 3 years. Attaching Transcripts is optional, but there's no real reason not to do it.

What you're currently making in this current year is what matters most.

They want 3 years.

Attaching Transcripts is optional.

Which one is it?

[Nich-Nick 3,354]

So why am I required to provide 3 years transcripts then? Or is only most recent transcript required?

Why? Because they say so.

Look at the form and the detailed instructions. Read the instructions about 3 times. Each time makes more sense. It has a place to list a dollar amount off your 3 most recent returns. That will be 2011, 2012, 2013. You are only required to mail in 2013 transcript. The other two are optional and I wouldn't bother unless they helped your case. If it is below the threshold in 2011, then it is dumb to send it in in my opinion. Most supplement their evidence with an employer letter, but that is not required. Pay stubs would also show your current income.

People who didn't file a tax return have to write a statement telling why they can't fill in the blanks with tax return info. Something like "I did not file in 2011 or 2012 because I was a student and earned $0.00." They still get approved by showing evidence of a new job after graduation because current income is what counts.

[Nich-Nick 3,354]

Modifying my answer--

Why do you provide info from 3 years? Because they say so.

Why do you have to mail 3 transcripts? You don't. Only one.

[corvusheart 163]

Why? Because they say so.

Look at the form and the detailed instructions. Read the instructions about 3 times. Each time makes more sense. It has a place to list a dollar amount off your 3 most recent returns. That will be 2011, 2012, 2013. You are only required to mail in 2013 transcript. The other two are optional and I wouldn't bother unless they helped your case. If it is below the threshold in 2011, then it is dumb to send it in in my opinion. Most supplement their evidence with an employer letter, but that is not required. Pay stubs would also show your current income.

People who didn't file a tax return have to write a statement telling why they can't fill in the blanks with tax return info. Something like "I did not file in 2011 or 2012 because I was a student and earned $0.00." They still get approved by showing evidence of a new job after graduation because current income is what counts.

2011- Below Poverty guideline.

2012 - Below Poverty guideline

2013- Very much above poverty guideline.

2014 (current year): Even more above poverty guideline.

Should I still submit transcripts for 2012 and 2011? Will I have to provide a reason if I don't submit them?

[NikLR 13,232]

You need to prove that you filed taxes for the last three years or give a reason why you did not. You need to provide either last year's (2013) or the last three year's tax return transcripts or tax returns. You also must provide a projected current income for 2014.

So, if your CURRENT income is above, you likely will be okay (especially as an AOS) and if last year and current income is above you're probably just fine. It really is important to read the instructions, they require you to have filed last 3 years not be above the poverty line requirement for this year, the last three years. Remember the poverty guidelines change every year.

[corvusheart 163]

You need to prove that you filed taxes for the last three years or give a reason why you did not. You need to provide either last year's (2013) or the last three year's tax return transcripts or tax returns. You also must provide a projected current income for 2014.

So, if your CURRENT income is above, you likely will be okay (especially as an AOS) and if last year and current income is above you're probably just fine. It really is important to read the instructions, they require you to have filed last 3 years not be above the poverty line requirement for this year, the last three years. Remember the poverty guidelines change every year.

My letter from employer states what my projected income will be for 2014.

And as for 2012 and 2011; i didn't meet the guidelines for those years.

[NikLR 13,232]

Doesn't matter. As long as your current income does. I would also include 6 months of pay stubs.

Edited May 11, 2014 by NLR

[corvusheart 163]

Doesn't matter. As long as your current income does. I would also include 6 months of pay stubs.

Is 6 months of paystubs required or just recommended? The reason why I inquire is because I would need to hunt down going back 6 months.

[Lakehouse 293]

Is 6 months of paystubs required or just recommended? The reason why I inquire is because I would need to hunt down going back 6 months.

Do your paystubs show a year-to-date amount on them? If so, then going back 6 months is not likely as important as having perhaps a recent few.