Form I 864 current income

[Kdiallo 1]

I'm sponsoring my husband but my current annual income doesn't meet requirements, but I start a job in the states in January that meet income requirements. Previously worked abroad and my annual salary for 2022 is above income requirements but since I stopped my job in July and moved back to states I did not earn the entire year salary making my current annual income lower than required. Should I put my annual salary from 2022 (above required amount to sponsor) or just the total amount earned in 2022  which is lower than required since I ended contract in July and moved back state side? I have been unemployed in states since July but I start a new job in January which will meet income requirements, not sure if this will be an issue.

 

I'm including tax transcripts from last 3 years which show meeting income requirements from last 3 years as well as documents explaining job starting in January and what my salary will be in January. It's just the current income that that is lower. Should I include anything else, maybe a letter explaining my circumstances?? Will my current annual income or being unemployed since July be an issue even with documentation on new job??

[mytruelove18 608]

23 minutes ago, Kdiallo said:

I'm sponsoring my husband but my current annual income doesn't meet requirements, but I start a job in the states in January that meet income requirements. Previously worked abroad and my annual salary for 2022 is above income requirements but since I stopped my job in July and moved back to states I did not earn the entire year salary making my current annual income lower than required. Should I put my annual salary from 2022 (above required amount to sponsor) or just the total amount earned in 2022  which is lower than required since I ended contract in July and moved back state side? I have been unemployed in states since July but I start a new job in January which will meet income requirements, not sure if this will be an issue.

 

I'm including tax transcripts from last 3 years which show meeting income requirements from last 3 years as well as documents explaining job starting in January and what my salary will be in January. It's just the current income that that is lower. Should I include anything else, maybe a letter explaining my circumstances?? Will my current annual income or being unemployed since July be an issue even with documentation on new job??

You need a joint sponsor since you dont meet the requirement.

Future salary doesnt count as crurrent income

[carmel34 3,622]

If you're at the NVC stage you still have lots of time before the visa interview, depending on the embassy/consulate and the backlog there.  If you start your new job in the US in January, and your husband's visa interview is in February, March or later (very likely), it may be enough to satisfy the officer if he takes evidence of your new job and current income (letter from employer stating annual salary, plus recent pay stubs or similar).  Ultimately, a decision will be made by the officer at the interview, based on the totality of the circumstances.  Current income is the most important, and you have time to build a case for that.  Some members here on VJ will recommend that you find a joint sponsor in case they ask for one at the interview, with an I-864 completed with supporting financial documents, to be ready if needed, but it's up to you.  Good luck!

[pushbrk 12,877]

18 hours ago, mytruelove18 said:

You need a joint sponsor since you dont meet the requirement.

Future salary doesnt count as crurrent income

In a way, it does.  January is less than two weeks away.  Although the foreign earned income would not count at all in terms of the I-864, the new job in the USA would count, if the I-864a is submitted after starting that job.

 

Note that for the "employed", current income does not come from a tax return, and actually IS calculated based on a current pay stub gross income times the number of pay periods in a whole hear GOING FORWARD.  So, if you take a job in January, 2023, earning 1k per week, your current income is 52k, no matter what you made in 2022.

 

At the same time, if you worked the last three years abroad, you'll be entering ZERO dollars as your income for the past three years, because you would have been taking the foreign income exclusion on your tax return, and most likely the current income line would reflect $0.  You MUST enter the number on the total income line, in the tax section, and in this case that's probably $0.

 

Petitioners who come back to the USA and start a good new job before submitting the affidavit of support are very often approved without a joint sponsor unless their spouse is coming from India.

 

So....My recommendation is to delay completing and submitting the affidavit of support until you have your first pay stub for a full pay period from the new job.  Take the gross for the period times the number of pay periods in a full year (remember that bi-weekly is 26, not 24) and that's your "current income".  Yes really!  Yes, I'm sure!

Edited December 18, 2022 by pushbrk

[Kdiallo 1]

For my foreign income I filed taxes as foreign income but I have compensation statements that show the amount equivalent to US dollar so I used that amount each year to file my taxes and paid whatever owed that way. So for the 3 previous years my salary shows on my tax transcripts as the US equivalent which meets the income requirements and I have documentation as proof. As for current income I've added retirement accounts and Bank statements as assests which is 5x the difference of my annual income and poverty guideline( I read that assets needed to be 5x the difference). I'm hoping that is enough. The foreign income should count since I filed taxes each year using the equivalent US dollar amount and that shows on my transcripts. As well as statements from my employer showing equivalent US dollar amount each year.

 

I thought to wait and submit everything after starting my job in January but I'm also thinking to just submit everything and include my offer letter, assets, and go from there. Then should I submit i864a after starting my job in January? Any thoughts??

Edited December 19, 2022 by Kdiallo

[pushbrk 12,877]

15 hours ago, Kdiallo said:

For my foreign income I filed taxes as foreign income but I have compensation statements that show the amount equivalent to US dollar so I used that amount each year to file my taxes and paid whatever owed that way. So for the 3 previous years my salary shows on my tax transcripts as the US equivalent which meets the income requirements and I have documentation as proof. As for current income I've added retirement accounts and Bank statements as assests which is 5x the difference of my annual income and poverty guideline( I read that assets needed to be 5x the difference). I'm hoping that is enough. The foreign income should count since I filed taxes each year using the equivalent US dollar amount and that shows on my transcripts. As well as statements from my employer showing equivalent US dollar amount each year.

 

I thought to wait and submit everything after starting my job in January but I'm also thinking to just submit everything and include my offer letter, assets, and go from there. Then should I submit i864a after starting my job in January? Any thoughts??

Two things. 

 

1.  Because that income is not continuing from the same source once you're in the USA, it is irrelevant to your current income.

 

2.  If you took the foreign income exclusion and made less than the excluded amount, the total income line on your 1040 will still be zero and that is the amount you will enter in the tax section of the form.  If you did NOT take the foreign income exclusion the number not be zero but refer to my point number 1 just the same. 

 

Tax returns for the employed are not about current income.  They are ALWAYS about the past.  If you enter some other number than the total income line on the 1040, you will delay your case for three months waiting for them to review it a second time after it's created.  I'm telling you exactly what the instructions tell to do.

 

 

Edited December 19, 2022 by pushbrk