I-864 - Current income above requirements, but low/no income for past 2 years

[DM117 0]

Let me start off by thanking all the members of this forum for the helpful advice they post, it really has made this process easier for us. We are ready to send the AOS package any day now, but we're having doubts about the i-864 and whether or not my wife (USC) would qualify as my sole sponsor. She is currently making above the 125% requirement, but she's only had that job for a couple months. Prior to that she lived in France with me for two years, with zero income in 2016 and around 8k in 2017. So she can get her Tax transcripts for 2015 and 2017, and explain why she wasn't required to file in 2016.

We've read a lot of posts on this forum, and talked to a few attorneys, and we got conflicting opinions. Some say that only her current income matters, as long as she can provite paystubs and a letter from her employer, and some say that she needs to show stable past income. If we only send her 2017 transcript, it would be below the poverty line (I was the one working during that time). We are not able to get a co-sponsor, so would she qualify on her own?

[Ben&Zian 4,398]

It is at the discretion of USCIS really. Current income is the most important thing; but if you don't feel comfortable a co-sponsor is an option, even if you say it is not possible.

 

If again a co-sponsor is not available, send all relevant tax documentation, job info, ect... and go from there. That would be all you can do really.

[Boiler 45,466]

You have to show you filed taxes.

 

You have to meet current income level.

[Jeanne Adil 1,651]

since only making it a couple of months it will be up to the interviewer

when did u file? 

what office so we can see processing times?

 

[DM117 0]

We are waiting on the IRS transcripts, once they get here we can send it off. We're located in Miami. You say "it will be up to the interviewer", but wouldn't they send an RFE (if they decide my wife doesn't qualify) asking for a co-sponsor, long before the interview?

[hell0w0rld08 18]

22 minutes ago, DM117 said:

We are waiting on the IRS transcripts, once they get here we can send it off. We're located in Miami. You say "it will be up to the interviewer", but wouldn't they send an RFE (if they decide my wife doesn't qualify) asking for a co-sponsor, long before the interview?

You can download the transcripts from the IRS website.

 

Once you send in your package, USCIS will determine income eligibility. if they are satisfied then you won't need to worry about past income when it comes time for you to interview. 

 

If they are not satisfied then they will RFE for a cosponsor.

 

Interview only care about current income. 

Edited October 9, 2018 by hell0w0rld08

[DM117 0]

We tried downloading the transcripts, but they ask for a credit card number/loan/mortage and my wife doesn't have any of that, so we had to request them by mail.

Also, for 2017 I have our French tax return, with both our income on it that add up to be over the 125% requirement. I was thinking about sending a copy with the i-864. However,

1- Only about 8k of our income for the year was earned by my wife

2-That document is in French, and would be a real pain to translate. It is doable though, if including it helps our i-864 getting approved. 

 

[Boiler 45,466]

1 hour ago, DM117 said:

We tried downloading the transcripts, but they ask for a credit card number/loan/mortage and my wife doesn't have any of that, so we had to request them by mail.

Also, for 2017 I have our French tax return, with both our income on it that add up to be over the 125% requirement. I was thinking about sending a copy with the i-864. However,

1- Only about 8k of our income for the year was earned by my wife

2-That document is in French, and would be a real pain to translate. It is doable though, if including it helps our i-864 getting approved. 

 

Make sure you show how that income will continue when you move to the US.