Just got to NVC (CR1): Is it worth waiting for 2019 tax return before I file my AOS

[Mr and Mrs S 207]

I'm expecting to be able to work on my application by the end of this week. (NVC withdrew AOS and IV fees from my account this morning)

 

I made slightly over 125% of federal poverty limit (48 states) for the tax years 2016 and 2017. I was in grad school and working part time (not that the CO in Islamabad cares). 

 

My taxable income for 2018 was around 230% of the federal poverty limit (48 states). 

 

Best case scenario, I'd be able to file and have my 2019 tax transcript by February\March 2019. My taxable income for 2019 would be almost the same (slightly higher) as 2018. 

 

Is there a significant upside to waiting at the NVC step for the 2019 returns? 

 

Factors in favor of waiting

• 230% gross income for last two tax returns if I wait for 2019 return. Therefore, more likely to satisfy the CO about my spouse not becoming a public charge
• Two years of 130% poverty income if I file the AOS with 2018 as my latest returns. This might look bad.

 

Factors against waiting

• Delaying the process 2-3 months
• Immigration rules keep evolving. The odds of additional unfavorable immigration rules being introduced increase as we move further in time. 

 

I'm assuming I can use the 2018 returns if I expect adjudication before April 15 2020. 

 

What do the VJ veterans think about this?

[dwheels76 5,468]

Why wait? Don't see the reason to delay 2018 is your most recent. You would be able to show 2019 income with the W2 you will get by the time you get case#.
You can have an updated I-864 that reflects 2019, 2018, 2017 for interview.

 

 

[USS_Voyager 1,972]

14 minutes ago, SaeedA said:

My taxable income for 2018 was around 230% of the federal poverty limit (48 states).

That's good to go. There is no good reason for waiting. By the time of the interview, you will have 2019 tax # and can bring several paystubs to back that up. File now!

[Mr and Mrs S 207]

16 minutes ago, dwheels76 said:

Why wait? Don't see the reason to delay 2018 is your most recent. You would be able to show 2019 income with the W2 you will get by the time you get case#.
You can have an updated I-864 that reflects 2019, 2018, 2017 for interview.

 

 

 

Doesn't the i864 brought to the interview have to match the one uploaded on CEAC? This sounds like a good idea. 

[USS_Voyager 1,972]

Just now, SaeedA said:

 

Doesn't the i864 brought to the interview have to match the one uploaded on CEAC? This sounds like a good idea. 

No. Things change and evolve. My wife gave birth to my daughter (so obviously the # of people in the household changed) after I submitted everything to NVC and before the interview, this is for my Mom's IR5, but it's the same. So I filled out another I-864 and brought it to the interview and told them to use that one. If there is no changes (no increase or decrease in salary, no change in # of people in the household, ... ) then you can use the same one. 

[dwheels76 5,468]

9 minutes ago, SaeedA said:

 

Doesn't the i864 brought to the interview have to match the one uploaded on CEAC? This sounds like a good idea. 

Not when you are updating.

[Hilde 381]

Could you add assets to your AOS? 

[Mr and Mrs S 207]

20 minutes ago, Hilde said:

Could you add assets to your AOS? 

Probably not.

 

The I-864 instructions state:

"Part 7. Use of Assets to Supplement Income (Optional)

 

Only complete Part 7. if you need to use the value of assets to meet the income requirements. If your Current Annual Household Income (indicated in Part 6., Item Number 15.) is equal to or more than needed to meet the income requirement as shown by the current Federal Poverty Guidelines (Form I-864P) for your household size (indicated in Part 5., Item Number 8.), you do not need to complete Part 7."

 

I submitted AOS and IV to NVC already. I plan on updating my i-864 when I file my taxes for 2019. 

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.