What is the best way to prove that you meet the financial requirements for your non-american spouse to get their IR-1 visa?

[themandalorian 1]

I am an American with two children in Hong Kong. My spouse is from Hong Kong and we have been married more than 7 years. We started our application in March 2021. We received the I-30 letter in September and started submitted documents. We had a response in October for more documents for financial obligations and all that. Had a response in February requesting more information. We provided it. Today we received a note that says that based on 2020 tax returns that I filed I do not meet the threshold. The threshold I thought was just $22k which it clearly shows on my 2020 tax returns was exceeding this. 

 

My question is, what is the best way to prove that you CURRENTLY meet and exceed the threshold? They asked for a 1040 form from 2020 which I just pulled from my tax return and submitted today with a letter explaining that my financial situation now is much better than it was in 2022 and I'm happy to provide more information to prove that. 

 

I am hoping I don't have to wait months for the same request for a 1099 or 1040 (I've seen other posts saying this has happened). Anybody currently experiencing applying for IR-1 in Hong Kong with the closures (they just opened April 4 apparently for interviews) 

 

Thanks in advance! 

[Mike E 11,739]

15 minutes ago, themandalorian said:

am an American with two children in Hong Kong. My spouse is from Hong Kong and we have been married more than 7 years.  
 

[…]
 

Today we received a note that says that based on 2020 tax returns that I filed I do not meet the threshold. The threshold I thought was just $22k which it clearly shows on my 2020 tax returns was exceeding this. 

Your thresh hold is not $22K. 
 

Per https://www.uscis.gov/i-864p for a household of 4 people your thresh hold is $34,687

 

Also you need evidence of current income that is USA based as well as evidence of USA domicile.  

[Crazy Cat 41,904]

31 minutes ago, themandalorian said:

I am an American with two children in Hong Kong. My spouse is from Hong Kong and we have been married more than 7 years. We started our application in March 2021. We received the I-30 letter in September and started submitted documents. We had a response in October for more documents for financial obligations and all that. Had a response in February requesting more information. We provided it. Today we received a note that says that based on 2020 tax returns that I filed I do not meet the threshold. The threshold I thought was just $22k which it clearly shows on my 2020 tax returns was exceeding this. 

 

My question is, what is the best way to prove that you CURRENTLY meet and exceed the threshold? They asked for a 1040 form from 2020 which I just pulled from my tax return and submitted today with a letter explaining that my financial situation now is much better than it was in 2022 and I'm happy to provide more information to prove that. 

 

I am hoping I don't have to wait months for the same request for a 1099 or 1040 (I've seen other posts saying this has happened). Anybody currently experiencing applying for IR-1 in Hong Kong with the closures (they just opened April 4 apparently for interviews) 

 

Thanks in advance! 

CURRENT income which continues after re-locating to the US is the best way.  That can be determined by latest pay period gross income multiplied by number of pay periods per year (CURRENT ANNUAL INCOME).  If self-employed, the last tax documents can be a source.  Of course, sufficient assets can be used also.

Edited May 4, 2022 by Crazy Cat

[themandalorian 1]

20 minutes ago, Mike E said:

Your thresh hold is not $22K. 
 

Per https://www.uscis.gov/i-864p for a household of 4 people your thresh hold is $34,687

 

Also you need evidence of current income that is USA based as well as evidence of USA domicile.  

Thank you! Is current income and assets more important than what was going on in 2020? I am really curious as to why 2020 even matters. My financial situation has changed greatly for the better. Appreciate your clarification and info! 

15 minutes ago, Crazy Cat said:

CURRENT income which continues after re-locating to the US is the best way.  That can be determined by latest pay period gross income multiplied by number of pay periods per year (CURRENT ANNUAL INCOME).  If self-employed, the last tax documents can be a source.  Of course, sufficient assets can be used also.

Thanks! What is the best way to prove that income and should I upload pay stubs into my file with CEAC or wait for them to question things? 

[themandalorian 1]

18 minutes ago, Crazy Cat said:

CURRENT income which continues after re-locating to the US is the best way.  That can be determined by latest pay period gross income multiplied by number of pay periods per year (CURRENT ANNUAL INCOME).  If self-employed, the last tax documents can be a source.  Of course, sufficient assets can be used also.

What's the best format (PDF bank account statement, pay stubs, a certain form, etc.) for showing current and ongoing salary from the US + assets? 

[Crazy Cat 41,904]

2 minutes ago, themandalorian said:

Thanks! What is the best way to prove that income and should I upload pay stubs into my file with CEAC or wait for them to question things? 

If that income is going to continue after re-location, I would upload them along with the correctly annotated I-864s.  They are important supporting documents. Of course, you must also submit the latest tax return package or transcript.  

[arken 4,197]

2 minutes ago, themandalorian said:

What's the best format (PDF bank account statement, pay stubs, a certain form, etc.) for showing current and ongoing salary from the US + assets? 

You start with reading I864 instructions and filling it out where you can combine your income and assets to meet the financial requirements.

[themandalorian 1]

3 minutes ago, Crazy Cat said:

If that income is going to continue after re-location, I would upload them along with the correctly annotated I-864s.  They are important supporting documents. Of course, you must also submit the latest tax return package or transcript.  

Thanks

 

Just now, arken said:

You start with reading I864 instructions and filling it out where you can combine your income and assets to meet the financial requirements.

Thanks

[Chancy 6,241]

*** Moved from K3 Process & Procedures to IR1/CR1 Process & Procedures ***

 

[pushbrk 12,910]

The reason 2020 matters is because you chose to include the 2020 return, instead of just information from it.  Then, you submitted a copy of the return, without the W2 form.  A complete copy of a tax return includes everything including the W2.

 

You have not stated whether your current income will continue from the same source, once you're in the USA.  If it will, just submit a current pay stub and anything else they ask for.  No arguments or "whys".  Just do it.

 

It's 2022 now. How is it possible your income is better now than in 2022.  Do mean better now than in 2021?  You file the 2021 tax return in 2022.

Edited May 4, 2022 by pushbrk

[themandalorian 1]

11 minutes ago, pushbrk said:

The reason 2020 matters is because you chose to include the 2020 return, instead of just information from it.  Then, you submitted a copy of the return, without the W2 form.  A complete copy of a tax return includes everything including the W2.

 

You have not stated whether your current income will continue from the same source, once you're in the USA.  If it will, just submit a current pay stub and anything else they ask for.  No arguments or "whys".  Just do it.

 

It's 2022 now. How is it possible your income is better now than in 2022.  Do mean better now than in 2021?  You file the 2021 tax return in 2022.

Appreciate the response! I'm completely new to talking to anyone about this visa matter other than with NVC / HK embassy every few weeks and months so please bear with me. I just found this website earlier today...

 

They requested 2020 tax returns which I provided as requested, but I do not have W-2s or 1099s. 

 

I meant that the income now in 2022 is better than 2020. Mistyped in my anxiousness of finding this website after waiting on NVC for months today. 

 

Income will continue from the same source once I'm in the USA. My 2021 return has been extended but I hope to receive it from the firm in the next week or two. 

 

Is the best bet at this point to submit my current payment stub in the additional documents section? If I need to update my I-864 should I just add that to the additional documents section? 

 

 

[pushbrk 12,910]

4 minutes ago, themandalorian said:

Appreciate the response! I'm completely new to talking to anyone about this visa matter other than with NVC / HK embassy every few weeks and months so please bear with me. I just found this website earlier today...

 

They requested 2020 tax returns which I provided as requested, but I do not have W-2s or 1099s. 

 

I meant that the income now in 2022 is better than 2020. Mistyped in my anxiousness of finding this website after waiting on NVC for months today. 

 

Income will continue from the same source once I'm in the USA. My 2021 return has been extended but I hope to receive it from the firm in the next week or two. 

 

Is the best bet at this point to submit my current payment stub in the additional documents section? If I need to update my I-864 should I just add that to the additional documents section? 

 

 

I would just wait until you have your 2021 return.  Immigration year is not the time to get an extension on filing.  Then, provide a whole new I-864, with information from 2019 and 2020 returns, plus a complete copy of the 2021 return.  For current income calculate the gross per pay period times the number of pay periods in a full year and state that as your "current income".  If it is not obvious, provide documentation the income will continue from the same source.  I know my recommendation will cause a delay but it is a necessary one for your ultimate success, in my opinion.

 

[themandalorian 1]

2 minutes ago, pushbrk said:

I would just wait until you have your 2021 return.  Immigration year is not the time to get an extension on filing.  Then, provide a whole new I-864, with information from 2019 and 2020 returns, plus a complete copy of the 2021 return.  For current income calculate the gross per pay period times the number of pay periods in a full year and state that as your "current income".  If it is not obvious, provide documentation the income will continue from the same source.  I know my recommendation will cause a delay but it is a necessary one for your ultimate success, in my opinion.

 

Thank you I appreciate you sharing your obviously vast knowledge with a newbie. 

 

We received an update today that said:

• please submit 1099 / W-2 for 2020
• you do not financially qualify based on 2020 tax returns

So at this point we should wait for 2021 tax returns and resubmit I-864 along with the most recent pay stub OR can I just show that currently the income that I'm making now meets the requirement + what is in the US bank account? Appreciate any response from anybody thanks! 

[Redro 4,611]

37 minutes ago, themandalorian said:

Thank you I appreciate you sharing your obviously vast knowledge with a newbie. 

 

We received an update today that said:

• please submit 1099 / W-2 for 2020
• you do not financially qualify based on 2020 tax returns

So at this point we should wait for 2021 tax returns and resubmit I-864 along with the most recent pay stub OR can I just show that currently the income that I'm making now meets the requirement + what is in the US bank account? Appreciate any response from anybody thanks! 

Upload a statement showing your source of income will continue after you move back to the US.

Upload statements of savings in excess of X3 125% poverty requirements

Upload statement of W2/1099s OR statement explaining why you do not have W2s/1099s

Upload 2021 tax returns if you have them

[carmel34 3,635]

2 hours ago, themandalorian said:

but I do not have W-2s or 1099s

If you work for a US company, ask the HR department for the W-2 or 1099 from 2020.  They will have it on file.  Another way to get the W-2 or 1099 is to download your 2020 IRS tax transcript from the IRS website and send that because it has information that confirms the IRS received your W-2 or 1099 for 2020.  You should do the same for 2021 once filed, US immigration prefers a tax transcript because it shows that the tax return was actually filed and accepted by the IRS.  I also recommend that you include a current letter from your US employer, stating that your annual salary of $XXX will continue once you move back to the US.  Another option is to get a qualified joint sponsor and have that person complete an I-864 with supporting financial documents.

Edited May 4, 2022 by carmel34