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Posted

Hi,

 

We both live in the UK so we are looking at getting a co-sponsor for my I-130 application as she has no US income or address. We are wondering about some of the requirements, namely'

 

I believe that the co-sponsor is required to evidence a certain income level over the three years prior to the application.  Could assets be counted instead? 

 

Is the co-sponsor required to show three years of tax returns? 

 

Is the sponsor required to show three years of tax returns if there is a co-sponsor?  

 

Is it required that we plan to form a household with the co-sponsor?

 

Thanks,

 

Cora

 

Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
Posted

1. The sponsor, I assume your wife, will need to have filed taxes the previous 3 years, or need to supply an explanation why she did not need to file per IRS guidelines.

2. The Joint Sponsor has the same requirement of having to have filed taxes the previous 3 years, or an explanation of why they did not.

3. CURRENT INCOME that is above the threshold is what is needed to qualify, or qualifying assets, or a combination of both.   The previous years' income may or may not show a history of earning stable income.  The approval decision is at the discretion of the CO at the interview.

4.  You do not need to be a part of the "household" of the joint-sponsor, if you mean in the sense that you need to live with the joint-sponsor.  The beneficiary will need to be counted in the household size in order to calculate qualifying income threshold.

Filed: Other Country: China
Timeline
Posted
21 hours ago, SteveInBostonI130 said:

1. The sponsor, I assume your wife, will need to have filed taxes the previous 3 years, or need to supply an explanation why she did not need to file per IRS guidelines.

2. The Joint Sponsor has the same requirement of having to have filed taxes the previous 3 years, or an explanation of why they did not.

3. CURRENT INCOME that is above the threshold is what is needed to qualify, or qualifying assets, or a combination of both.   The previous years' income may or may not show a history of earning stable income.  The approval decision is at the discretion of the CO at the interview.

4.  You do not need to be a part of the "household" of the joint-sponsor, if you mean in the sense that you need to live with the joint-sponsor.  The beneficiary will need to be counted in the household size in order to calculate qualifying income threshold.

Just to clarify, information from three tax returns is required, but only the most recent tax return is required to be provided.  Unless it's India, it is not required for all three years of past income to be above the minimum requirement.

 

Note that for employed people, current income does not come from a tax return.  Tax returns are about the past.  If a person lost their job yesterday, their current income is zero, no matter how much they made in 2021.

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