Husbands (sponsor's) 2019 income and amended tax (form I-864)

[PatrycjaEM 0]

Hi! Me and husband (US citizen) are applying for marriage based green card for myself. We have a question about the form I-864 affidavit of support.

His income and tax transcripts for the past three years are a little complicated but his current job/income is highly capable of supporting both of us. His income at the moment is more than twice the poverty guideline for this year. My doubt and question I have is "Will the USCIS consider my husband's current income to influence the approval of my adjustment of status even if he started this job in April 2020?" (It is a Permanent Federal Job and is stated on a Federal Document. (Standard Form - 50). He has been in the military for the last 5 years but not active.

 

Also my husband's taxes were not filed correctly in the latest tax year 2019. The IRS transcript reports lower than the poverty guideline of 2019. But he recently amended them and we will include evidence of the signed 1040X with all supporting documents needed to have the tax file fixed. The amended tax file is short $200 from the 2019 poverty guideline. Will that affect the process in this case?

 

We spoke to lawyer and she offered $1000 fee to take care of this form for us, she says that it needs a well written letter to explain the situation. We were thinking if we could do it ourselves..

 

Also is providing the last 3 years of taxes mandatory in our circumstances?

 

We really appreciate all the help! Thank you!

Edited July 22, 2020 by PatrycjaEM

[mbssss 112]

14 minutes ago, PatrycjaEM said:

Hi! Me and husband (US citizen) are applying for marriage based green card for myself. We have a question about the form I-864 affidavit of support.

His income and tax transcripts for the past three years are a little complicated but his current job/income is highly capable of supporting both of us. His income at the moment is more than twice the poverty guideline for this year. My doubt and question I have is "Will the USCIS consider my husband's current income to influence the approval of my adjustment of status even if he started this job in April 2020?" (It is a Permanent Federal Job and is stated on a Federal Document. (Standard Form - 50). He has been in the military for the last 5 years but not active.

 

Also my husband's taxes were not filed correctly in the latest tax year 2019. The IRS transcript reports lower than the poverty guideline of 2019. But he recently amended them and we will include evidence of the signed 1040X with all supporting documents needed to have the tax file fixed. The amended tax file is short $200 from the 2019 poverty guideline. Will that affect the process in this case?

 

We spoke to lawyer and she offered $1000 fee to take care of this form for us, she says that it needs a well written letter to explain the situation. We were thinking if we could do it ourselves..

 

Also is providing the last 3 years of taxes mandatory in our circumstances?

 

We really appreciate all the help! Thank you!

Following. Me and my husband are wondering the same thing in terms of the taxes and current job. 

Edited July 22, 2020 by mbssss

[zochu 255]

They look at the totality of the circumstances and someone has stated on here that current income is key. 
 

my husband did not work 2019 so his tax return is $0. His current income is x3.5 over the poverty guidelines. We did not hear anything from NVC regarding income but that decision is ultimately up to the consular official. 
 

I have my interview next Tuesday so I can update but it’s case by case and sometimes even dependent on the country beneficiary is from too. 

[chiks24 11]

Also in similar circumstances. I had filed 2019 Tax Return in March, then realized I made a mistake by forgetting to report income on consulting (cash). I filed a 1040X in April but still waiting on the IRS to get back to me. Are y'all sending the filed copy of 2019 1040X with the AoS package?

[PatrycjaEM 0]

On 7/23/2020 at 11:31 AM, chiks24 said:

Also in similar circumstances. I had filed 2019 Tax Return in March, then realized I made a mistake by forgetting to report income on consulting (cash). I filed a 1040X in April but still waiting on the IRS to get back to me. Are y'all sending the filed copy of 2019 1040X with the AoS package?

Yes. We will be sending it all together. Did you write a letter with that document explaining your mistake and If so did you use a lawyer help or did it yourself? 

[PatrycjaEM 0]

On 7/21/2020 at 8:52 PM, zochu said:

They look at the totality of the circumstances and someone has stated on here that current income is key. 
 

my husband did not work 2019 so his tax return is $0. His current income is x3.5 over the poverty guidelines. We did not hear anything from NVC regarding income but that decision is ultimately up to the consular official. 
 

I have my interview next Tuesday so I can update but it’s case by case and sometimes even dependent on the country beneficiary is from too. 

Good luck on your Interview! 

Yes I totally understand, every case Is different. I wanted to ask if you wrote any special letter explaing the 2019 income and then how its changed in a current situation. By any chance would you be willing to share an example how to put in words that type of explanation ? Once again a lawyer says she can do it for a $1000 but I feel like we could do it ourselves. 

[Rocio0010 5,638]

Hi there! Our situation was a little bit similar and it might help. When we filed (Oct. 2019) my husband made almost 4x above the poverty guideline. However, and he was above the poverty guidelines in 2017 and 2016. However, in 2015 he was below. After reading the instructions and reading on the internet, we decided that the 2015 tax return might hurt us so we only sent the 2018 tax return. As per the instructions, you only need to send the most recent tax return. The other years are optional. We did that and we were just fine. Also, we added six months worth of pay stubs, and an employment letter.

However, you said that for 2019 he is short of $200. Personally, I wouldn't risk it. Especially these days, USCIS is getting very strict and most likely they will send you a RFE for a joint sponsor, which will slow your process even more. 

You have two options here: either get assets that can be easily converted into cash (such as, for example, a car), or get a joint sponsor. Personally, I wouldn't risk it.

[PatrycjaEM 0]

8 minutes ago, ra0010 said:

Hi there! Our situation was a little bit similar and it might help. When we filed (Oct. 2019) my husband made almost 4x above the poverty guideline. However, and he was above the poverty guidelines in 2017 and 2016. However, in 2015 he was below. After reading the instructions and reading on the internet, we decided that the 2015 tax return might hurt us so we only sent the 2018 tax return. As per the instructions, you only need to send the most recent tax return. The other years are optional. We did that and we were just fine. Also, we added six months worth of pay stubs, and an employment letter.

However, you said that for 2019 he is short of $200. Personally, I wouldn't risk it. Especially these days, USCIS is getting very strict and most likely they will send you a RFE for a joint sponsor, which will slow your process even more. 

You have two options here: either get assets that can be easily converted into cash (such as, for example, a car), or get a joint sponsor. Personally, I wouldn't risk it.

Joint sponsor is not an option for us.. we don't really have anyone to ask. 

We have about $20k savings all together.. would be a good asset to help us? 

[zochu 255]

On 7/27/2020 at 12:57 PM, PatrycjaEM said:

Joint sponsor is not an option for us.. we don't really have anyone to ask. 

We have about $20k savings all together.. would be a good asset to help us? 

I am not sure to be honest.... 

 

my husbands income was $0 on 2020 tax return {was in Australia for 2019 and did not work}. He also works for the Dep of VA as of April 2020. We provided his SF50, a letter from the VA,  and ALL paystubs and they still wanted a joint sponsor. We also have $20k in savings. We also provided the DS5540 “public charge” doc, my resume, plus certifications too. Still not enough. 

 

its similar to your situation, but slightly different with past years tax. We had $0 whilst your husband was slightly under - as he did worK.
 

if you can, I’d prepare a joint sponsor and have it ready just in case.