I-864

[thisisgr8 6]

Hi, 

 

I have a question in regards to the I-864 form and my low income for the past three years in addition to starting a new job. I have found some forums in the past in-regards to my topic but have not been able to gather concrete information and come to a sound conclusion. I would like to thank you all in advance for taking the time to read my post and providing me with some insight.

 

I am the petitioner, household of one, and attempting to sponsor my husband through a CR-1. Based on my state's FPL of 125% and size of sponsor household (1+1: me & him), my minimum income requirement is $21,137. From my understanding, I need to send tax returns transcripts from the previous three years (2018, 2017, and 2016) as well as the most recent paystub (will only one suffice?), and a letter from my employer verifying my hours, income, and what else?

 

My issue arises in the fact that for the past two years (2018 & 2017), I have only had a gross income of $8,000-9,000 because I was a student who only worked weekends, and in 2016 I did not file because I made detrimentally less than the numbers previously stated. I have recently graduated and will be applying to work as a dental assistant (average income of $30-35k). Albeit that I am hired for the position come this July, can I send in the CR-1 petition in August after I have received my first paystub from that job along with a letter from my employer stating my yearly income? Should I also send an additional letter (in the petition binder) stating that my tax returns for the previous 3 years have been low because I have been a student for the last 4 and a half years (If so, where would I attach this letter? Right behind the form?)? Or should I work an entire year before applying? I'm sorry for the abundance of questions and for any confusion they may have caused.

 

TL;DR -

Will the petition be rejected/sent back to me if I send it just a few days after receiving my first paystub from a new job? Does it hurt me that I do not have tax returns for the last 3 years valued over my minimum of 21k?

 

THANKS EVERYONE!!!!!!!!!!!!!!!!!!!!! ❤️ 

Edited April 24, 2019 by thisisgr8

[Lil bear 4,218]

22 minutes ago, thisisgr8 said:

Hi, 

 

I have a question in regards to the I-864 form and my low income for the past three years in addition to starting a new job. I have found some forums in the past in-regards to my topic but have not been able to gather concrete information and come to a sound conclusion. I would like to thank you all in advance for taking the time to read my post and providing me with some insight.

 

I am the petitioner, household of one, and attempting to sponsor my husband through a CR-1. Based on my state's FPL of 125% and size of sponsor household (1+1: me & him), my minimum income requirement is $21,137. From my understanding, I need to send tax returns transcripts from the previous three years (2018, 2017, and 2016) as well as the most recent paystub (will only one suffice?), and a letter from my employer verifying my hours, income, and what else?

 

My issue arises in the fact that for the past two years (2018 & 2017), I have only had a gross income of $8,000-9,000 because I was a student who only worked weekends, and in 2016 I did not file because I made detrimentally less than the numbers previously stated. I have recently graduated and will be applying to work as a dental assistant (average income of $30-35k). Albeit that I am hired for the position come this July, can I send in the CR-1 petition in August after I have received my first paystub from that job along with a letter from my employer stating my yearly income? Should I also send an additional letter (in the petition binder) stating that my tax returns for the previous 3 years have been low because I have been a student for the last 4 and a half years (If so, where would I attach this letter? Right behind the form?)? Or should I work an entire year before applying? I'm sorry for the abundance of questions and for any confusion they may have caused.

 

TL;DR -

Will the petition be rejected/sent back to me if I send it just a few days after receiving my first paystub from a new job? Does it hurt me that I do not have tax returns for the last 3 years valued over my minimum of 21k?

 

THANKS EVERYONE!!!!!!!!!!!!!!!!!!!!! ❤️ 

The previous years income do not have to be above the 125% level.  Use the page 10 of the form to write your simple explanation about your income in previous years. 

Send the I 864 with as much evidence of your new job as you can in August.. signed contract / employment details etc and whatever payslips you have. By the time your husband has his interview you will have more payslips that he can take with him to the interview . Hopefully you will be ok .. but think about who could be a joint sponsor if needed and at least ask them,  so you can quickly gather the required form and documents for a joint sponsor if you get an RFE  

[EG&XY 144]

You are putting the cart before the horse. You don’t need to complete the I-864 until the petition is approved and is sent to the NVC. That will take about 6 months (maybe longer) from when you submit the initial petition.

[Germanshepherd18 2]

Low last year income tax return  below the minimum you will get a request for a co sponser. Say if you send in your i130 for your spouse this year it's going to be a 12 to 15 month process. Make sure you make over the poverty level for this year file your  income tax in 2020 when it's time to fill out your affidavit of support at the nvc stage  you are only required to send in the previous year tax return . And as  long as your current job  at the time meets the minimum you will be fine.

[pushbrk 12,898]

8 hours ago, Germanshepherd18 said:

Low last year income tax return  below the minimum you will get a request for a co sponser. Say if you send in your i130 for your spouse this year it's going to be a 12 to 15 month process. Make sure you make over the poverty level for this year file your  income tax in 2020 when it's time to fill out your affidavit of support at the nvc stage  you are only required to send in the previous year tax return . And as  long as your current job  at the time meets the minimum you will be fine.

MAYBE.  She will get what looks like an RFE from NVC at that stage but it is still up to the Consular Officer to make the decision.  Current job tends to rule, depending on country.  It does NOT in India.

 

While only required to send one tax return to NVC, information from three is still required on the form itself.

 

To the OP: As already mentioned, the affidavit of support does not go in with the petition.  If you haven't filed yet, chances are you will be sending the affidavit of support late this year or early next year.  Depending on timing, if you don't want to bother with a joint sponsor, just file your 2019 tax return as early as possible and proceed from there.

[thisisgr8 6]

22 hours ago, Lil bear said:

The previous years income do not have to be above the 125% level.  Use the page 10 of the form to write your simple explanation about your income in previous years. 

Send the I 864 with as much evidence of your new job as you can in August.. signed contract / employment details etc and whatever payslips you have. By the time your husband has his interview you will have more payslips that he can take with him to the interview . Hopefully you will be ok .. but think about who could be a joint sponsor if needed and at least ask them,  so you can quickly gather the required form and documents for a joint sponsor if you get an RFE  

Thanks for your input and kind words, I hope it will all work out too. 

 

20 hours ago, EG&XY said:

You are putting the cart before the horse. You don’t need to complete the I-864 until the petition is approved and is sent to the NVC. That will take about 6 months (maybe longer) from when you submit the initial petition.

That's a relief - thank you.

 

9 hours ago, Germanshepherd18 said:

Low last year income tax return  below the minimum you will get a request for a co sponser. Say if you send in your i130 for your spouse this year it's going to be a 12 to 15 month process. Make sure you make over the poverty level for this year file your  income tax in 2020 when it's time to fill out your affidavit of support at the nvc stage  you are only required to send in the previous year tax return . And as  long as your current job  at the time meets the minimum you will be fine.

Thank you! I will file my income tax instantly after I receive my W2 (early February was when I did it this year). Thus far, I am only at $3.55k from my weekend job and plan to be at ~$5.5k by August. Between August and the end of this tax year (December), I do not think I will be able to surmount my minimum of $21,137 from the new job. 

 

If I end up having to send the affidavit of support sometime towards the end of this year or early next year and do not meet my minimum, then I know I have no other option but to file with a co-sponsor (correct me if I'm wrong, I'm clearly oblivious haha).

 

However, if I end up meeting my minimum by the end of this year, do you recommend that I still go with the joint sponsor option right off the bat in order to avoid risking a RFE (This is something I would like to avoid if possible because I do not want to get my family members involved with this, but it is always a last resort option)? If I was to get an RFE, by how many months would this delay the process?

 

 

I also read online that you can report assets (savings, money stored in CDs, etc.) as long as they are 3x the dollar value of whatever is remaining of my minimum? Is there a lot of hassle involved with this (e.g., increased amount of paperwork and increased chance of RFE)?

37 minutes ago, pushbrk said:

MAYBE.  She will get what looks like an RFE from NVC at that stage but it is still up to the Consular Officer to make the decision.  Current job tends to rule, depending on country.  It does NOT in India.

 

While only required to send one tax return to NVC, information from three is still required on the form itself.

 

To the OP: As already mentioned, the affidavit of support does not go in with the petition.  If you haven't filed yet, chances are you will be sending the affidavit of support late this year or early next year.  Depending on timing, if you don't want to bother with a joint sponsor, just file your 2019 tax return as early as possible and proceed from there.

Thank you, Sir. This might be a reach, but do you happen to have any information on how it tends to rule out in Finland? 

 

 

 

Phew. 🤯

Thanks again everyone.

 

[pushbrk 12,898]

1 minute ago, thisisgr8 said:

 

 

Thank you, Sir. This might be a reach, but do you happen to have any information on how it tends to rule out in Finland? 

 

 

Not as strict as other places but if you are only going to barely meet the minimum, I would plan on a joint sponsor.  Don't stay oblivious.  Start studying the form instructions for all related forms NOW.