Husband (sponsor) was a student last year but makes more than enough money now.

[mbssss 108]

My husband was a student last year and graduated this year and now works at a full-time job making about 3x more than the minimum amount for the affidavit of support. 

 

He was a student the past few years and his income was clearly limited those years (i.e. below the minimum) which is reflected on his tax returns. He did work  at an internship full-time during the summer and part-time during the semester and has worked during breaks the years before that as well for additional income.

 

Our question is, would it be a good idea to provide proof that he was a student (diploma, trancripts) in addition to his steady employment history while being a student? Will this be a problem in terms of the affidavit of support even though he makes enough money now and we can provide them with a letter from the employer and paystubs?

 

Just looking to get some help on deciding if we need to submit this extra documentation or if his letter and paystubs will be enough. Getting co-sponsor is not an option as his parents do not make enough money. 

 

 

Edited July 20, 2020 by mbssss

[Boiler 45,525]

I 864 has 2 requirements, one relates to past tax filings and the other current income. I think you are conflating the two.

[mbssss 108]

2 minutes ago, Boiler said:

I 864 has 2 requirements, one relates to past tax filings and the other current income. I think you are conflating the two.

Well, I thought that the tax transcripts was used to prove income as well hence why I asked. Do you mean that they are not nessecarily super important in terms of showing his current income? You may be right that I am conflating them. 

[Boiler 45,525]

Tax transcripts would show past income, they do not show current income.

[mbssss 108]

2 minutes ago, Boiler said:

Tax transcripts would show past income, they do not show current income.

I see. So his paystubs and letter would be more important in showing evidence for his current income? We were not sure if they would look at it more harshly since he used to be a student with limited income etc the previous years and his job still being fairly new. 

[Cheburashka34 228]

Just now, mbssss said:

I see. So his paystubs and letter would be more important in showing evidence for his current income? We were not sure if they would look at it more harshly since he used to be a student with limited income etc the previous years and his job still being fairly new. 

I have the exact same question. 

[Boiler 45,525]

10 minutes ago, mbssss said:

I see. So his paystubs and letter would be more important in showing evidence for his current income? We were not sure if they would look at it more harshly since he used to be a student with limited income etc the previous years and his job still being fairly new. 

When do you expect to interview, lots of people were students.

[mbssss 108]

4 minutes ago, Boiler said:

When do you expect to interview, lots of people were students.

We are submitting our application in about 2 weeks so probably many months from now (especially at this rate) so we should be able to provide more paystubs then. Maybe submitting what we have currently with a note that we will bring more to the interview might be a good idea?

[Boiler 45,525]

Probably a year away, anyway lots of time to have a solid work history, not that they look for that length of time.

[mbssss 108]

16 minutes ago, Boiler said:

Probably a year away, anyway lots of time to have a solid work history, not that they look for that length of time.

Gotchu! And right, wishing for an interview anytime sooner than a year from now seems unrealistic. Thank you for your input, it was very helpful!

[Kani2015 85]

I had the same issue. I had great current income but my past income was very low due to being a student. What I decided to do was wait a few months in order to file the most recent years’ tax return. Once I did that, I finally submitted everything to NVC March 2020. It was frustrating to wait but I couldn’t chance needing a joint sponsor, since for me too, it was not an option. All thanks to God, we got DQ shortly after submitting everything. 
 

You have 2 options, you can submit everything now, wait to hopefully get DQ, but just know they will most likely say you need a joint sponsor if your past income on your 2019 tax return was $0/low income. What they might do is DQ your documents but then say you will need to provide a joint sponsor at the time of interview, in which case you might be ok with just submitting your new tax returns for 2020 next year and bringing those to your interview. The other option is just wait a few months (until January 2021) so that you can submit everything all at once and not need to worry about them asking for a joint sponsor. Best of luck! 

[Cheburashka34 228]

4 minutes ago, Kani2015 said:

I had the same issue. I had great current income but my past income was very low due to being a student. What I decided to do was wait a few months in order to file the most recent years’ tax return. Once I did that, I finally submitted everything to NVC March 2020. It was frustrating to wait but I couldn’t chance needing a joint sponsor, since for me too, it was not an option. All thanks to God, we got DQ shortly after submitting everything. 
 

You have 2 options, you can submit everything now, wait to hopefully get DQ, but just know they will most likely say you need a joint sponsor if your past income on your 2019 tax return was $0/low income. What they might do is DQ your documents but then say you will need to provide a joint sponsor at the time of interview, in which case you might be ok with just submitting your new tax returns for 2020 next year and bringing those to your interview. The other option is just wait a few months (until January 2021) so that you can submit everything all at once and not need to worry about them asking for a joint sponsor. Best of luck! 

Do you know the chances of them asking for a joint sponsor if you made above the 125% but only by a few thousand?

[Kani2015 85]

1 minute ago, Cheburashka34 said:

Do you know the chances of them asking for a joint sponsor if you made above the 125% but only by a few thousand?

Do you mean the previous years’ tax returns, you made above the poverty line? 

[Cheburashka34 228]

Just now, Kani2015 said:

Do you mean the previous years’ tax returns, you made above the poverty line? 

Yes I'm assuming if everything goes well with the K1 I will be submitting my 2020 tax return and I'm estimating I'll only make about $5,000 above the 125% requirement and have about $25,000 in my savings. I'm worried because I'd really like to not use a joint sponsor. My job is low income right now since I'm still in school.

[Kani2015 85]

1 minute ago, Cheburashka34 said:

Yes I'm assuming if everything goes well with the K1 I will be submitting my 2020 tax return and I'm estimating I'll only make about $5,000 above the 125% requirement and have about $25,000 in my savings. I'm worried because I'd really like to not use a joint sponsor. My job is low income right now since I'm still in school.

It’s hard to know the exact chances because every case is unique. From what I’ve read from other people’s experiences, NVC tends to look mostly based off of the number you provide them with your last tax return. If it’s over, you’re good. If you’re under, they’ll ask for a joint sponsor. However, at the time of the interview, it seems they look at total circumstances. In my opinion, it looks like you have a good chance of not needing a joint sponsor since your are $5,000 above and not just slightly over like $1,000. If you’ve had that income for the past 3 years, it increases your chances of not needing the sponsor, as well. However, if you will only be over by $5,000 for the first time by the time you file for 2020, it might make the chances decrease a little. But like I said, that’s where the interview comes in and the CO has a better chance at looking at total circumstances (you are a student and once you graduate, God willing you can make more money). Good luck!