I-864-2006 return doesn't meet poverty guidelines

[jtobster 0]

Hi everyone,

It's been a while since I've posted and I'm in need of your valuable wisdom again!!

I am filling out the I-864 for my husband for his I-485 and I'm a bit confused about something. Last year I didn't meet the poverty guideline because I was out of the country with my husband (waiting for that whole K-3 fiasco to get sorted out). I now have a full-time job and make over the poverty guidelines but that isn't reflected in my tax returns because obviously I haven't filed my 2007 yet. I have 8 months of paystubs to prove that I make enough but is that sufficient proof for USCIS? Are they going to look at just my tax returns and automatically reject my application?

Thanks so much for your help!!

Jen

[Kez/JWolf 6]

If your tax return does not show that you meet the minimum the you will need to find a co-sponsor....

Kez

[elgringo 0]

Dont you have to have made above the poverty line for the past 3 years?

[Killer_Clown_2009 0]

We filed in 2006 and our 2005 tax return was about 15,000 short of the guidelines. I included a letter from my husband's employer along with 8 weeks of paystubs to show his current and YTD income which showed that his current income was enough to meet the poverty guidelines. I also included a letter explaining that he had been residing in Canada and that was why his income was low in 2005. No problems, no RFE.

So yes, they will consider current income in meeting the guidelines.

[Killer_Clown_2009 0]

Dont you have to have made above the poverty line for the past 3 years?

No, if your current income meets the poverty guidelines and it is a steady and stable income (ie permanent job, not likely to end), then that is sufficient. My husbands 2003/04/05 income tax returns all showed income below the poverty guidelines and we had no issues using the current (2006) income.

Edited May 21, 2007 by jane2005

[Richard&Maria 0]

While the last 3 years are usually requested, your current salary is most important. Be sure to have a employer letterhead "statement of employment" stating your starting date, salary and title. Your company HR department can do one for you. In your case the starting date is very important. Draft a personal cover letter explaining the difference to be expected between 2006 and the current year and reference your attachments. Enclose copies of your last 6 months of paystubs. If you had any (good) performance review, raise or promotion, enclose that information also, which helps demonstrate stable income. Identify with: your name, SS number and I-864 all in the top right corner of all attachments and your cover letter. Good luck.

Richard of Richard&Maria

[a&o 4]

I was in the Peace Corps and then lived and worked abroad where the fed poverty level equated to a life of relative luxury, so I was in the same boat as you. Once we were back in the U.S. I was back in the middle-class income category so I made sure to have all of the proof of that, but then since my previous three years would not make the cut I also had a friend co-sponsor. I think that's the best insurance if you have someone who could do that for you. I also wrote a clear cover letter about the income disparity.

Good luck!

[jtobster 0]

I just wanted to thank you all for the advice!! It was very helpful and put my mind at ease! I'm going to submit all the proof of current income and just to cover our tracks my dad said he would co-sponsor so hopefully there will be no RFEs heading our way!! Thanks again for your help!!

[Yodrak 7]

Kez,

Not true. Current income is what counts, although income history can be a consideration if sustainability of current income comes into question.

Yodrak

If your tax return does not show that you meet the minimum the you will need to find a co-sponsor....

Kez

elgringo,

No.

Yodrak

Dont you have to have made above the poverty line for the past 3 years?

[Kez/JWolf 6]

Kez,

Not true. Current income is what counts, although income history can be a consideration if sustainability of current income comes into question.

Yodrak

If your tax return does not show that you meet the minimum the you will need to find a co-sponsor....

Kez

elgringo,

No.

Yodrak

Dont you have to have made above the poverty line for the past 3 years?

Yodrak

All I can go by is what happened to us..... when we filled AOS my husband had just started a new job.... we supplied letters and pay stubs showing his current earnings for the coming year.... we got an RFE saying as his income on his tax return was under the 125% we needed to have a co-sponsor.... now when we got to interview our interviewer said that because he was still earning the same as when we filed she did not feel we needed a co-sponsor but she would take all the documents anyway....

So you can not say that just because you should earn over 125% that you wont be asked for a co-sponsor... because like us and others you may well be asked for one...

Kez