Clarification needed!!!

[Tac05 3]

Hello all, firstly I just have to say this is the most informative sites going, I come here and lurk behind the scenes frequently to find answers and it has made a lot more things clearer for me, so thank you

But as I'm still confused about something and I thought I would ask (apologies if it's been asked already) and hopefully it may make more sense to me, if someone can put it out there in laymans terms lol!

So basically our petition has been approved and on it's way to NVC, (yay!) so looking ahead I've been working out what comes next and what we have to do. My part is pretty basic, but both myself and my husband are a little confused about the AOS. Now we both understand that my husband needs to supply financial support documents in the ways of recent 3 years tax returns and or transcripts but I've read that they only go on the most recent years return. If that's the case then we shouldn't have a problem as he earn't over the poverty line minimum, but if they don't and want earlier ones also then we've hit a bump, because from early 2011 my husband gave up work in the US to spend time with me here in AUS (no he didn't work here). He returned to US in early 2014. I guess what I'm asking is will they accept just the recent year's return or because he has had no US income from 2011-2014. Are we going to need a joint sponsor, what would be the best possible solution?? Any input would be greatly appreciated. And my apologies for the long winded essay, tried to write it so it could be understood and I really hope it makes sense

Thank you!!

[JFH 12,191]

So, he had a three-year holiday in Australia but has now returned to the US and is working permanently and earns enough?

I would include (as we are also doing) a letter from the employer that confirms that the position is permanent and how much he is paid. We are doing this because our joint sponsor changed jobs a few months ago.

Did he file tax returns when he was out of the country? Was he receiving some form of income from the US while he was with you?

[Tac05 3]

Well I should say for those 3 years he spent 6 months at a time here then went back for 6 months then came back, so not to overstay here, when he did go back no he still didn't work. The last tax return he filed was before he left the US in 2011 & no he wasn't receiving any funds while not working he was pretty much self sufficient, and we also had my income. He started back working in the US in October 2014 and has been with the same company since then. For the 2015 financial year he did earn over the minimum amount.

I did suggest he get some form of a letter from his employer but he is not sure they will do it. Should we also include a letter stating why he has not filed taxes for these years?....I don't think I have ever stressed myself out so much before, this whole process is doing my head in & it's not over yet lol.

Thank you for your reply

[JFH 12,191]

Yes, he will definitely need to do something about the tax returns.

Someone with more experience in that will come along soon.

I think the letter from the employer would be very useful because previous to this job he was nomadic and moving back and forth with no job or fixed address. So the letter will show that he is now in permanent work that is expected to continue. They might otherwise think he is just there for a short while again, given his history.

[NikLR 13,232]

is he CURRENTLY making over the poverty guidelines? Did he file his last 3 tax returns if he made over the threshold to file? (2014, 2013, 2012.)

If the answer to both of those questions is YES, then you will be fine. Each year doesn't need to be over the guideline but he needs to be currently making over the guideline. Generally they want about 6 months of pay stubs (as proof he makes enough $$/hr and works enough hrs) and/or a letter from the employer stating his yearly income.

Also he can just send 2014 tax transcripts. He doesn't need to send all 3 years. You either send the most recent year (required) or the last 3 years (optional.)

[Tac05 3]

Thank you for the replies.

2015 tax year (last year's) yes he did earn more than the minimum and has filed that. He started back working in US Oct 2014 so that return wouldn't have met the minimum, he didn't file 2011, 2012, 2013 as he wasn't working living between AUS & US on his own funds.

I think I'm just going to get him to organise payslips & a letter from employer. We have organised a co-sponsor in case we need it.

[NikLR 13,232]

If he has 2015 taxes done that's great. It's not required until April 15th, 2016.

Also it's not the amount on the tax return that matters. It's CURRENT income that matters. It wouldn't matter if he made $100,000 last year if he wasn't employed and didn't have the assets otherwise.

[Tac05 3]

Cool thank you, feeling a little more at ease now