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Posted

Hi there! 

I'm an Alien pending I-485 AOJ with my wife

So I was wondering since USCIS requires a Affidavit of Support, and as of current, I can meet the income requirements if I file for the Tax Year 2019. I filed In late June of 2019, and turns out the income I submitted didn't reach the minimum Federal Poverty Guideline, due to complications with our Joint Sponsor and dependents and extra income and that for Tax Year 2018. However our Joint Sponsor now would meet well over the 125% Poverty Guideline. My deadline to submit is April 12th 
I tried searching on the USCIS website to see what "Most recent Tax return" had any definition to see weather I could file with 2019 Tax Return but I couldn't find anything. I will call USCIS tomorrow to see if they have any answers but I very much doubt it. 

TL;DR Basically my question is can I use the Tax return of both my Joint Sponsor for Tax Year 2019, as my 2018 wouldn't meet the income requirements unless I asked a different joint sponsor to Sponsor me. Which is a pure hassle.

Filed: Citizen (apr) Country: England
Timeline
Posted

@Malcolm

 

Until April 15, the USCIS cannot require the 2019 tax return. They can’t make you file earlier than the due date allowed by IRS. So 2018 is still okay for the most recent tax return. But if you happen to file 2019 in January, early February, then the most recent tax return for you is 2019 because it has been filed. 
 

It is not a requirement for last year’s tax return to show enough income if you can show proof that current income is more. Think of the student who graduated in August with a chemical engineering degree. He lands a job at DuPont making $72,000/yr that started October 1. So he had zero income for 9 months and $6,000/month for Oct Nov, Dec. His tax return will show $18,000 earned in 2019. But he provides a letter from his employer stating his annual salary is $72,000 and he writes on his form I-864 that his current salary is $72,000 a year. He can also provide copies of all his pay stubs since starting work that show his significant  earnings. 
 

 

 

 
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