Can 2022 predicted income be used for i864?

[Jfresh26 25]

My wife and I just got married on a K1 visa and wanting to file AOS soon. My 2021 IRS tax transcript does not meet the poverty guidelines for i864, as I was unemployed for 2yrs and 2 & a half months due to living in my wife’s country. I just started a new job as of the end of March 2022. 
 

My question is; when filing AOS I864, can I use my 2022 predicted income backed up with paystubs and an EVL?

Edited May 2, 2022 by Jfresh26

[Family 4,065]

1 hour ago, Jfresh26 said:

 

My question is; when filing AOS I864, can I use my 2022 predicted income backed up with paystubs and an EVL?

You CAN, you SHOULD and rest assured that it is exactly this “ current income “ as evidenced by ur paystubs and job letter that is used to determine if you qualify. 
 

So don’t worry about 2021 or prior years, you are fine…just refer to it as current income .

[Chancy 6,243]

*** Moved from AOS Progress Reports to AOS from K1 Visas forum ***

 

[Jules_FP 1]

Contrary to what is said above, we applied in a similar situation:

 

My wife only worked half of the 2020 tax year in the US, and therefore her total income for that year was under the poverty guidelines.

When we submitted the affidavit of support we gave them the current pay stubs and a letter from the employer showing a predicted income for 2021, around 40k/year.

 

They rejected our I-864 and sent us a RFE.

 

In my humble opinion, get a joint sponsor.

[Chancy 6,243]

23 hours ago, Jules_FP said:

They rejected our I-864 and sent us a RFE.

 

Thanks for sharing your experience.  Yes, the USCIS officer has discretion whether to accept or reject the qualifying income based on the totality of the applicant's circumstances.  I agree that getting a joint sponsor would be safest, but some couples don't have that option.