Affidavit of Support help please [merged threads]

[BK Blake 1]

Hello everyone, hope the holidays have been treating you well. My fiancée and I are in the process of completing our Adjustment of Status packet (she is in the US on J1 no two year rule requirement) and I had a quick question regarding the affidavit of support. 

So, for my two prior W2s, I did not make enough money to meet the threshold for support (about 15k each year) This was due to me being in school and completing my degree. However, I graduated this year and started working full time again in August. Since then I have made about 32k and am waiting to get my W2 for this year before we complete our application. I am hesitant though if this is enough proof of financial support for my soon to be wife. I can send in pay slips along with my current hourly pay. I also have about 30k dollars in investments mostly in stocks but some in a life insurance policy as well. I can send in this information along with my W2 from this current year. Will this be enough info or will we get a RFE for this? I already talked with my parents about them sponsoring us but would prefer not to use them if not needed. Thank you all so much! Have a great new years!! 

[powerpuff 6,680]

W2 are not evidence of current income. If you’re submitting tax transcripts, no W2 are to be submitted. You can download your tax transcripts on IRS website. Show pay stubs (for last 6 months) and letter of employment stating how much you make annually along with tax return transcript for the last year as that’s required. My husband was also making hourly but asked the HR to take his average weekly earnings and multiply that by 52 (weeks in a year) and produce a letter.

[Crazy Cat 41,811]

Qualification to provide financial support is determined by CURRENT annual income, not W-2 forms from previous years.  CURRENT ANNUAL INCOME is calculates as follows:

 

Gross income from latest pay period multiplied times number of pay periods per year (12 months) = CURRENT ANNUAL INCOME.

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Agree with @powerpuff

3 minutes ago, powerpuff said:

W2 are not evidence of current income. If you’re submitting tax transcripts, no W2 are to be submitted. You can download your tax transcripts on IRS website. Show pay stubs (for last 6 months) and letter of employment stating how much you make annually along with tax return transcript for the last year as that’s required. My husband was also making hourly but asked the HR to take his average weekly earnings and multiply that by 52 (weeks in a year) and produce a letter.

You beat me by 10 seconds....😀

Edited December 30, 2022 by Crazy Cat

[BK Blake 1]

@powerpuff @Crazy Cat So the only things I would need to submit with my I-864 would be my tax transcript from the most recent year (2021), all my pay stubs (since I've only been working since August of this year), and a letter from my employer stating how much I make in a year. And it won't be an issue that in 2021 I only made about 17k? I can include assets which according to their rules should cover the difference, but still that makes me a bit nervous. Thank you so much, I really appreciate it. 

Edited December 30, 2022 by BK Blake

[Crazy Cat 41,811]

4 hours ago, BK Blake said:

@powerpuff @Crazy Cat So the only things I would need to submit with my I-864 would be my tax transcript from the most recent year (2021), all my pay stubs (since I've only been working since August of this year), and a letter from my employer stating how much I make in a year. And it won't be an issue that in 2021 I only made about 17k? I can include assets which according to their rules should cover the difference, but still that makes me a bit nervous. Thank you so much, I really appreciate it. 

Look at it like this.  This is why W-2s and tax returns for employees don't determine ability to provide financial support:

Sponsor:

- Fully employed in 2020.  W-2 indicates employee earned $50,000 that tax year.

- Fully employed in 2021.  W2 indicates employee earned $52,000 that tax year.

- Employee lost job in October 2022.  CURRENTLY unemployed.

How can employee show sufficient income to support new immigrant in the future if he/she is unemployed?  That's why a sponsor needs to show sufficient current  income for the future 12 months....not past earnings.

 

Edited December 30, 2022 by Crazy Cat

[powerpuff 6,680]

It won’t be an issue that you income was below the threshold in 2021 because what matters is current income.

 

As long as current income is well above the threshold, assets are very much optional. Personally I don’t think I would bother with them but ultimately it’s up to you.
 

This is what we submitted when we went through AOS:

- tax transcript for 2020
- employment letter

- pay stubs 

- evidence of husband’s US citizenship 

 

Approved, no RFEs.

 

My advice is to really study I-864 instructions and make sure it’s filled correctly to avoid them issuing an RFE 

Edited December 30, 2022 by powerpuff

[da95826 387]

On 12/29/2022 at 3:45 PM, BK Blake said:

I did not make enough money to meet the threshold for support (about 15k each year) This was due to me being in school and completing my degree. However, I graduated this year and started working full time again in August. Since then I have made about 32k and am waiting to get my W2 for this year before we complete our application. I am hesitant though if this is enough proof of financial support for my soon to be wife. I can send in pay slips along with my current hourly pay. I also have about 30k dollars in investments mostly in stocks but some in a life insurance policy as well. I can send in this information along with my W2 from this current year. Will this be enough info or will we get a RFE for this?

No, you will likely get an RFE you need 3 years of tax returns for 2021, 2020, and 2019 with adjusted gross income that meets the income guidelines and a job letter. Basically, you should get a co-sponsor that will meet the income requirements. You should submit tax transcripts for each of the last 3 years (file tax returns if needed no matter what the income) for yourself and a co-sponsor. 

 

Good luck.

[Lil bear 4,181]

10 minutes ago, da95826 said:

No, you will likely get an RFE you need 3 years of tax returns for 2021, 2020, and 2019 with adjusted gross income that meets the income guidelines and a job letter. Basically, you should get a co-sponsor that will meet the income requirements. You should submit tax transcripts for each of the last 3 years (file tax returns if needed no matter what the income) for yourself and a co-sponsor. 

 

Good luck.

Incorrect. Previoys years incone under the requirement is not an  issue. Current income must be above requirement ongoing and stable. Aduve given by other members such as Crazycat are 100% accurate. 
 

Also the correct term is  joint sponsor not cosponsor. Pedantic yes but accuracy matters in all ways with the immigration process 

[OldUser 6,608]

9 minutes ago, Lil bear said:

Also the correct term is  joint sponsor not cosponsor. Pedantic yes but accuracy matters in all ways with the immigration process 

Co-sponsor - person living in the same household, joint sponsor - person not living in the same household AFAIK. Both can help with sponsoring. 

[BK Blake 1]

Hello everyone, hope you are having a great start to your week so far. My wife and are are about to send in her adjustment of status packet (just waiting on the medical exam) and I wanted to make sure that this is okay for the affidavit of support. I will not have my 2022 irs tax transcript by the time we send in the packet so I will send in my 2021 irs tax transcript. Only issue is in 2021 I made 17k. In 2022 I made well over the limit due to finishing college and getting a different job. This won't be a problem right? For my proof of income I am sending in my last 6 months of pay stubs and a letter from my employer stating how much I make in a year. We won't get an RFR for this, right? I can also include assets as well, but don't know if that is necessary. Thank you all! Have a great day. 

[Crazy Cat 41,811]

Past years income is not important.  CURRENT income is king.  Sounds like you have that covered.  

Edited January 31, 2023 by Crazy Cat

[BK Blake 1]

@Crazy Cat thank you for the quick response. That is what I thought, but as the day gets closer to sending out the packet the more paranoid I get about every little detail haha. It is okay to use 202q irs tax transcript right and nothing else as far as to documentation goes? Right? 

[Verrou 1,962]

if u send it now,  2021 still can be use as the latest tax return. deadline for 2022 usually its around mid april 2023.

[Crazy Cat 41,811]

2 minutes ago, BK Blake said:

@Crazy Cat thank you for the quick response. That is what I thought, but as the day gets closer to sending out the packet the more paranoid I get about every little detail haha. It is okay to use 202q irs tax transcript right and nothing else as far as to documentation goes? Right? 

You MUST include the most recent tax documents AND you MUST include proof of CURRENT annual income such as pay stubs, employment letter, etc. .  

[BK Blake 1]

12 minutes ago, Crazy Cat said:

You MUST include the most recent tax documents AND you MUST include proof of CURRENT annual income such as pay stubs, employment letter, etc. .  

So 2021 tax transcript, 6 months of pay stubs, and letter from employer is fair enough? If I send in tax transcript I don't need any other tax documents, right?