I-864 Income Questions - based of prev taxes or based off current income

[Fallingstar12 4]

Hello,

 

I meet the Federal Poverty Line for 100% Income in the United States to sponsor my K1 Visa Beneficiary. I am the petitioner living here in the US. His interview is next week in London at the Embassy there. While we are nervous enough about the interview itself, I'm trying to look ahead and reassure myself that everything will run smoothly with the I-864 affidavit of support and the I-485 Adjustment form we'll be filing after marriage (and within 90 days of his arrival).

 

In my I-134 for his interview for visa I included my $33,280 annual income proved by 3 pay stubs and very good employer letter. Provided him with taxes from last year too. The taxes for last year show my adjusted gross income at just below the 125% line which is what they use for determination on the I-864 form to adjust his status after marriage - basically something we don't need to worry about just now. But I really need to know to prepare for it asap!

 

When I say I fall below it - I mean by $1,200. That's it. So that's not much - and that is due to me having switched jobs halfway through last year. I went from lower income to higher this year... about a $10,000 difference we're talking. I'm well able to support me, him and my current dependent my daughter.

I am $9,000 OVER the 125% guideline BASED OFF CURRENT PROVABLE INCOME - which they'll go by for me for this year 2017. So currently and for the entirety of this year - the year I'll be applying for his adjustment of status and for I-864 Affadavit of support, I'll be making $33,280 for the year (not including another $9,000 in child support and my $2,000 in the bank at almost all times and my car that is probably worth $3,000-$4,000 now). My 2017 taxes will reflect being way way over poverty line. So as you can see I will DEFINITELY be able to financially support.

 

I'm just losing sleep over the fact that my taxes on that one line falls $1,200 below the 125% poverty line for LAST YEAR'S TAXES 2016. Like I said before the interview at the embassy should be fine as they go off 100% but I'm thinking down the road for the 125% needed at time of adjustment. Now I can more than likely have parents or sister co sponsor but for the life of me am trying not to go that route!

 

Questions for you guys - especially if you know a lot/been through this:

 

For I-864, what's most important? Current income and 6 months of pay stubs showing it PLUS a very credible clear and informative employer letter? OR your previous years taxes before the situation changed? Seriously - what do they go off of - my current income or those stupid taxes from last year?

 

What are reasons for denial/getting a form saying to qualify you'd now need a co or joint sponsor AFTER the application has been filed and looked at? And what's the timeline to get that joint sponsor?

              -Now say for some annoying reason they deny your I-485, what do they do to your beneficiary that you've married? I know they don't deport them, but what do you have to do to keep their status legal/current? Reapply or apply or get that co-sponsor?

 

And for employment for the immigrant: When we get married - what enables him to start working? Does that not happen until AFTER the adjustment is approved? Because that is currently taking 4 to 5 months for them to process. So does this mean he's not able to work for 4 to 5 months. It's not the end of the world if he cannot work the rest of the year but would be SUPER helpful if he can.

 

 

THANK YOU!!!!!!!!!!!!!!!!!!!!!!!!!!!

[Fallingstar12 4]

And to add - my parents who are pretty well off just agreed to co sponsor him in the event I need that. What is the best thing to do knowing this and the above info now? When we do his adjustment of status after marriage, should I just automatically file it WITH them as co sponsor or should we take our chances on my good income (but questionable in passing return from last year)?

[geowrian 22,338]

1 hour ago, Fallingstar12 said:

In my I-134 for his interview for visa I included my $33,280 annual income proved by 3 pay stubs and very good employer letter. Provided him with taxes from last year too. The taxes for last year show my adjusted gross income at just below the 125% line which is what they use for determination on the I-864 form to adjust his status after marriage - basically something we don't need to worry about just now. But I really need to know to prepare for it asap!

You should probably add more pay stubs. Pay stubs should generally go back several months (or as far as you have them if it's a new job and you don't have that far back yet). They do want to see the AGI, but sufficient evidence of current income is more important. I'm not sure how London is (I've heard it's pretty lenient with the I-134), but some embassies go by the 125% rule as a guideline anyway.

 

1 hour ago, Fallingstar12 said:

When I say I fall below it - I mean by $1,200. That's it. So that's not much

Keep in mind you can use assets to cover an income gap for AOS...and for a spouse, that's only 3x the amount. So if your income was $1,200 short, you would only need to show assets of $3,600 to meet the 125 guideline for AOS.

 

1 hour ago, Fallingstar12 said:

I'm just losing sleep over the fact that my taxes on that one line falls $1,200 below the 125% poverty line for LAST YEAR'S TAXES 2016. Like I said before the interview at the embassy should be fine as they go off 100% but I'm thinking down the road for the 125% needed at time of adjustment. Now I can more than likely have parents or sister co sponsor but for the life of me am trying not to go that route!

Don't lose sleep! You are likely just fine. Worst case is they issue a 221g pending a joint sponsor or additional evidence of meeting the limit. Neither is the end of the world (or likely in your case).

 

1 hour ago, Fallingstar12 said:

For I-864, what's most important? Current income and 6 months of pay stubs showing it PLUS a very credible clear and informative employer letter? OR your previous years taxes before the situation changed? Seriously - what do they go off of - my current income or those stupid taxes from last year?

Current income is usually more important. People have been approved with no prior tax returns (due to no income) and a job they started that year that meets the limit. Don't take this to mean that you cannot get denied...but I think you're overthinking this!

 

Quote

What are reasons for denial/getting a form saying to qualify you'd now need a co or joint sponsor AFTER the application has been filed and looked at? And what's the timeline to get that joint sponsor?

              -Now say for some annoying reason they deny your I-485, what do they do to your beneficiary that you've married? I know they don't deport them, but what do you have to do to keep their status legal/current? Reapply or apply or get that co-sponsor?

The I-134 is not really required (an I-864 for AOS is, though). The underlying requirement is that the intending immigrant will not become a public charge. The I-134/I-864 plus supporting evidence is the way to show this requirement is met.

 

For the I-134, they would issue a 221g pending sufficient evidence of sufficient income or a joint sponsor, and then put the application in Administrative Processing (AP). Once new documents are sent, they will review. Nobody knows how long it could actually take, but generally this would add weeks to a month (after sending the documents) would be my guess.  Keep in mind the medical can expire during this timeframe, and if so, a new, clean medical will be necessary.

 

If AOS is denied, he will not have any legal status in the US and becomes deportable. Nobody can say if/when they would do so, but legally that's the case. If he refiles for AOS, he will regain authorized stay pending a decision, and cannot be deported just for being in the country (crimes and such still can cause deportation, obviously).

 

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And for employment for the immigrant: When we get married - what enables him to start working? Does that not happen until AFTER the adjustment is approved? Because that is currently taking 4 to 5 months for them to process. So does this mean he's not able to work for 4 to 5 months. It's not the end of the world if he cannot work the rest of the year but would be SUPER helpful if he can.

When you file AOS, also apply for EAD (and AP)...they're at no extra cost. EAD is the working permit. ETA: 3-4 months. AOS itself could take several months or over a year. Only 4-5 months for AOS is a rarity nowadays.

 

25 minutes ago, Fallingstar12 said:

And to add - my parents who are pretty well off just agreed to co sponsor him in the event I need that. What is the best thing to do knowing this and the above info now? When we do his adjustment of status after marriage, should I just automatically file it WITH them as co sponsor or should we take our chances on my good income (but questionable in passing return from last year)?

They probably aren't needed as a cosponsor. For AOS, you should be fine submitting with just you, and if that's insufficient, then add in the joint sponsor.

Edited May 11, 2017 by geowrian

[Mano 50]

Hello NVC filers!
My case was recently approved and finally received at NVC on May 10, 2017.
My husband and I are preparing AOS and IV packages and we came up with this question related to Tax
information.
 
My husband met the requirements for the poverty line income in 2016 but he has not filed tax returns in 2015 and 2014 beacuse he was nt have any job. 
Will he need to find a joint sponsor for the year of 2015 and 2014?
 
Thank you so so much for your help in advance.

[Fallingstar12 4]

geowrian - I can not thank you enough for your detailed response!!!!!!!!!!!!!!!!! Thank you very much! Sounds like you know a lot about this - which I find very reassuring and most helpful.

 

I've answered/asked on what you replied.......

 

You should probably add more pay stubs. Pay stubs should generally go back several months (or as far as you have them if it's a new job and you don't have that far back yet). They do want to see the AGI, but sufficient evidence of current income is more important. I'm not sure how London is (I've heard it's pretty lenient with the I-134), but some embassies go by the 125% rule as a guideline anyway.

 

Adding more pay stubs will be no problem - I have them going back to December and our accountant who puts them out is right down the road.

Also heard about London being very lenient with the I-134! Luckily now I've found out that my parents WILL in fact co sponsor us now or during adjustment or both if needed. Would be good to just get through this at 100% though of course.

 

Keep in mind you can use assets to cover an income gap for AOS...and for a spouse, that's only 3x the amount. So if your income was $1,200 short, you would only need to show assets of $3,600 to meet the 125 guideline for AOS.

Oh okay - only 3 x the amount? I had heard 5. That's awesome - in that case I'm sure my parents would just loan me the needed $2,000 or whatnot to have those necessary assets when needed. I do have $3500 listed for assets for my vehicle that I own outright. If that's an asset.

 

Don't lose sleep! You are likely just fine. Worst case is they issue a 221g pending a joint sponsor or additional evidence of meeting the limit. Neither is the end of the world (or likely in your case).

I know - I suffer from anxiety so I get quite anxious over this - more so than the average person for sure. The 221g doesn't sound bad and is I guess where my parents step in.

 

Current income is usually more important. People have been approved with no prior tax returns (due to no income) and a job they started that year that meets the limit. Don't take this to mean that you cannot get denied...but I think you're overthinking this!

Oh wow did not know that. I have read a few horror stories and maybe that's where I got worried - I saw that they can do whatever at their discretion (the person reviewing it) - determining if the person immigrating may become a burden on public services.

 

The I-134 is not really required (an I-864 for AOS is, though). The underlying requirement is that the intending immigrant will not become a public charge. The I-134/I-864 plus supporting evidence is the way to show this requirement is met.

Yes - just did the I-134 for his visa interview in London next week to show that. Along with those 3 stubs and employer letter (now will send him more stubs based on what you said earlier about pay stub amounts - more being good.

 

For the I-134, they would issue a 221g pending sufficient evidence of sufficient income or a joint sponsor, and then put the application in Administrative Processing (AP). Once new documents are sent, they will review. Nobody knows how long it could actually take, but generally this would add weeks to a month (after sending the documents) would be my guess.  Keep in mind the medical can expire during this timeframe, and if so, a new, clean medical will be necessary.

Weeks to a month for review would suck but we can definitely live with that VS months. After years together, what is a month or weeks right? He just had his medical done last week thankfully - so it's very current.

 

If AOS is denied, he will not have any legal status in the US and becomes deportable. Nobody can say if/when they would do so, but legally that's the case. If he refiles for AOS, he will regain authorized stay pending a decision, and cannot be deported just for being in the country (crimes and such still can cause deportation, obviously).

Before they actually DENY the AOS though, they would send a 221g before right? Or as I've seen it referred to as an RFE. That they need more evidence or the co sponsor.

 

When you file AOS, also apply for EAD (and AP)...they're at no extra cost. EAD is the working permit. ETA: 3-4 months. AOS itself could take several months or over a year. Only 4-5 months for AOS is a rarity nowadays.

Yes the EAD we want so he can get work on US soil. However, he is currently an at home worker in UK for a UK company - we are trying to determine if he can work when he comes over without EAD still for the company remotely - or if he needs to take a leave/absence of pay while EAD processes and gets granted and then have them hire him back? His co worker is a US citizen in the US who works for same company and they pay her from the UK - and she works for them from here obviously. So they are definitely willing to keep him I believe while he lives here. I've seen multiple threads and opinions, warnings and "hey it's okay to do this but there IS a gray area because it's not a US company on US soil" on this site. So while it seems okay, there's the "is it really" and "what ifs". And WOW on the AOS taking possible a year or over. Looks like he may be a stay at home step dad for a while - which is fine - it cuts out day care expenses before and after school and in the summer -  so it's technically as if I'm getting money back for us in the house/cutting out a HUGE HUGE bill.

 

They probably aren't needed as a cosponsor. For AOS, you should be fine submitting with just you, and if that's insufficient, then add in the joint sponsor.

That's a great plan - yes didn't want to just jump the gun including them - when I may be fine on my own from the get-go. So nice knowing they are there to be a joint sponsor if needed though. Thankfully they think my fiance is amazing and will do literally anything for us now.

[tanderson64 201]

4 hours ago, Fallingstar12 said:

PLUS a very credible clear and informative employer letter

I don't understand what this means?  For the employment letter all you need is: company letterhead, date employment started, monthly and/or annual salary, whether the position is permanent or temporary, and signed by company representative.

 

I would not add too much to the letter.  They are just interested if you are employed and meet the income standards.

[geowrian 22,338]

7 hours ago, Fallingstar12 said:

geowrian - I can not thank you enough for your detailed response!!!!!!!!!!!!!!!!! Thank you very much! Sounds like you know a lot about this - which I find very reassuring and most helpful.

You're welcome!

Quote

Adding more pay stubs will be no problem - I have them going back to December and our accountant who puts them out is right down the road.

Also heard about London being very lenient with the I-134! Luckily now I've found out that my parents WILL in fact co sponsor us now or during adjustment or both if needed. Would be good to just get through this at 100% though of course.

Awesome. Sounds great to me.

Quote

Oh okay - only 3 x the amount? I had heard 5. That's awesome - in that case I'm sure my parents would just loan me the needed $2,000 or whatnot to have those necessary assets when needed. I do have $3500 listed for assets for my vehicle that I own outright. If that's an asset.

It's normally the 5x the amount, but is 3x for a spouse or minor of a USC. For the I-134, they are a fiance so it's 5x. For the I-864, they would; then be your spouse, which falls under the 3x rule.

 

You can count a vehicle as an asset if it is not your sole vehicle. So if you have 2 and one has a net value of $3500, then you could use the $3500 as an asset (with evidence to support the value and ownership of the asset). If you only have one, then you cannot. An asset can only be counted if it can easily be converted to cash within 1 year without considerable hardship to the sponsor (see pages 8-9 of the I-864 instructions). The automobile aspect is explicitly given. .

 

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I know - I suffer from anxiety so I get quite anxious over this - more so than the average person for sure. The 221g doesn't sound bad and is I guess where my parents step in.

Exactly.

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Oh wow did not know that. I have read a few horror stories and maybe that's where I got worried - I saw that they can do whatever at their discretion (the person reviewing it) - determining if the person immigrating may become a burden on public services.

True...there are some horror stories. It's not common from London, and you will see more of the bad than good on VJ. It's just the nature of the site...not many people post about the good, normal cases compared to the horror stories. Horror stories are usually looking for help.

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Weeks to a month for review would suck but we can definitely live with that VS months. After years together, what is a month or weeks right? He just had his medical done last week thankfully - so it's very current.

Then you're all set. Again, I don't think it'll be an issue, but being prepared is a good idea.

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Before they actually DENY the AOS though, they would send a 221g before right? Or as I've seen it referred to as an RFE. That they need more evidence or the co sponsor.

For AOS, they would very likely either issue an RFE/RFIE. A Request For Evidence (RFE) or Request For Initial Evidence (RFIE) for AOS would be, by far, the most likely outcomes. A Notice Of Intent to Deny (NOID) would be unlikely, but isn't an actual denial yet so you can still respond to it and fix the case.

 

A 221g refers to essential information being missing in a visa application. In this hypothetical case, that would be a suitable I-134 for the K-1 visa (note that this is jumping back to the K-1, not AOS).

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Yes the EAD we want so he can get work on US soil. However, he is currently an at home worker in UK for a UK company - we are trying to determine if he can work when he comes over without EAD still for the company remotely - or if he needs to take a leave/absence of pay while EAD processes and gets granted and then have them hire him back? His co worker is a US citizen in the US who works for same company and they pay her from the UK - and she works for them from here obviously. So they are definitely willing to keep him I believe while he lives here. I've seen multiple threads and opinions, warnings and "hey it's okay to do this but there IS a gray area because it's not a US company on US soil" on this site. So while it seems okay, there's the "is it really" and "what ifs". And WOW on the AOS taking possible a year or over. Looks like he may be a stay at home step dad for a while - which is fine - it cuts out day care expenses before and after school and in the summer -  so it's technically as if I'm getting money back for us in the house/cutting out a HUGE HUGE bill.

Correct. It's a gray area since it's at the intersection of immigration and tax law, both of which are woefully outdated when it comes to things like the ability to work remotely. You could ask 3 different lawyers and get 3 different, yet valid, opinions. Personally, my understanding is that having a US-based branch of the company pushes it over the line. Others would say it's still fine for your circumstances. I wish I had more for you there, but I suggest to keep reading and do what you believe is correct based on what you've found for your circumstances. That topic tends to draw a lot of vocal support, so I'm trying not to focus on it too much here get off topic.haha

 

Yup. AOS could take a few months, but tends to be taking the better half a year from AOS right now. And sometimes over a year, especially if there is no interview. But the EAD can come in 3-4 months, so at that point there's not a whole lot of difference between having the green card or not. Just keep the expiration of the EAD in the abck of your mind so that you can renew it, if necessary, before it expires. Once you get a green card, you won't need the EAD anymore.

 

Best wishes.

Edited May 12, 2017 by geowrian

[Wuozopo 4,293]

OP. Read the instructions for the I-864. Yes a tax return will be required of you. They would typically look for Total Income on the 1040 (Line 22). But if you have a new job and more current income, you submit the optional items they spell out--employer letter and 6 months pay stubs--to prove you make more now. Nowhere does it say your tax return MUST show enough. But whatever you claim as current income must be documented to them for them to consider it.