Tax Transcripts/Possible Sponsor

[Marshae04 11]

Good evening everyone,

 

I have a question about income verifications and sponsors.  After a 2 yr wait my husband finally got his interview letter we are elated, to say the least however I am also discouraged by the news and updates on what I'm hearing from others who have had their interviews recently.  I've heard that the USCIS is rejecting tax transcripts and income even if you meet the guidelines and are within the tax bracket to bring your spouse over. I'm hearing that they are making a lot of people get sponsors.  Both people that have gone through this have both said that their income met the requirements one even said that she made 60k last year and they still rejected her income.  This is making me very nervous and scared because I don't have anyone that I can ask to be a sponsor for me.  We've waited a long time to get to this point I don't want to be denied for something like this.  Are they allowed to make up rules as they go? Can they legally reject your income even if you meet the requirements? Is there any way around this matter??

 

No we don't have a lawyer I'm so confused and don't know what to do. I'm afraid that they will reject mines as well can anyone provide any feed back for me?

[Verrou 1,949]

be confident, and bring 3 years tax transcript + current income thats over 125% from poverty line. every case is different. 

u might never know perhaps there's some issue in their application beside whatever they told you. 

[Crazy Cat 41,291]

I assume you mean the Consulate...not USCIS.  The Consulate Officer has sole authority to approve visas.  Be aware that CURRENT income is king....not what was reported to the IRS in past years.  If your current income and/or assets are sufficient, I don't think you have anything to worry about.  

Good luck.  Please report back.

[Marshae04 11]

7 minutes ago, Misscloud said:

be confident, and bring 3 years tax transcript + current income thats over 125% from poverty line. every case is different. 

u might never know perhaps there's some issue in their application beside whatever they told you. 

That's true......even I bring three years worth of tax returns don't they just go by the last year filed?

[Crazy Cat 41,291]

1 minute ago, Marshae04 said:

That's true......even I bring three years worth of tax returns don't they just go by the last year filed?

Evidence of CURRENT income is the most important thing....NOT WHAT WAS EARNED LAST YEAR.

[Verrou 1,949]

3 minutes ago, Marshae04 said:

That's true......even I bring three years worth of tax returns don't they just go by the last year filed?

Like @Crazy Cat said current income is queen 

[Marshae04 11]

6 minutes ago, Crazy Cat said:

I assume you mean the Consulate...not USCIS.  The Consulate Officer has sole authority to approve visas.  Be aware that CURRENT income is king....not what was reported to the IRS in past years.  If your current income and/or assets are sufficient, I don't think you have anything to worry about.  

Good luck.  Please report back.

Thank you for your reply, my income varies it goes up and down depending on my contracts lasts years income was signifincally lower than the year before, but I still met the income requirements according to the website. Idk I'm just confused and nervous at this point I know people may not tell you their entire situation but it was more than one person with this same issue. And this is the embassy in Nigeria theres no telling what goes on there from what I hear they tend to make their own rules.

[Crazy Cat 41,291]

3 minutes ago, Marshae04 said:

Thank you for your reply, my income varies it goes up and down depending on my contracts lasts years income was signifincally lower than the year before, but I still met the income requirements according to the website. Idk I'm just confused and nervous at this point I know people may not tell you their entire situation but it was more than one person with this same issue. And this is the embassy in Nigeria theres no telling what goes on there from what I hear they tend to make their own rules.

Consulate Officers want to see stable income.  Besides, there is no need to worry about last year's income now.  If you are nervous, find a well qualified joint sponsor for your husband to take his/her documents  to the interview.

Edited February 8, 2023 by Crazy Cat

[Marshae04 11]

11 minutes ago, Crazy Cat said:

Consulate Officers want to see stable income.  Besides, there is no need to worry about last year's income now.  If you are nervous, find a well qualified joint sponsor for your husband to take his/her documents  to the interview.

I'm nervous because I don't want to run into these problems and I don't have anyone that I can ask to be a sponsor.  They are specifically requesting for 2021 transcripts because that was the year I petitioned for him.  They will have to accept 2021 in order for him to be given access to go to the interview.

[pushbrk 12,606]

52 minutes ago, Marshae04 said:

I'm nervous because I don't want to run into these problems and I don't have anyone that I can ask to be a sponsor.  They are specifically requesting for 2021 transcripts because that was the year I petitioned for him.  They will have to accept 2021 in order for him to be given access to go to the interview.

It sounds like you are self employed.  If so, your "current income" is the number called "total income" from your latest 1040.  If you submitted your affidavit of support a couple years ago, upload an updated one and updated 2022 tax return (complete copy).  If you haven't filed it yet, get on it.  The year you sponsor a spouse is not a year to delay your filing.

 

If you are employed, do the same but your current income will come from a pay stub, not a tax return.

[Marshae04 11]

5 minutes ago, pushbrk said:

It sounds like you are self employed.  If so, your "current income" is the number called "total income" from your latest 1040.  If you submitted your affidavit of support a couple years ago, upload an updated one and updated 2022 tax return (complete copy).  If you haven't filed it yet, get on it.  The year you sponsor a spouse is not a year to delay your filing.

 

If you are employed, do the same but your current income will come from a pay stub, not a tax return.

Really!? and yes I am self employed I work on a contract to contract basis I'll gather my taxes now and try to get them submitted asap, but what if they ask to upload 2021 return? and you're saying I can also use a paystub? from this year? 

[pushbrk 12,606]

1 minute ago, Marshae04 said:

Really!? and yes I am self employed I work on a contract to contract basis I'll gather my taxes now and try to get them submitted asap, but what if they ask to upload 2021 return? and you're saying I can also use a paystub? from this year? 

No, you cannot use a pay stub.  That's for employed people.  If your income was down in 2022, yes it would be to your advantage to upload all three most recent tax returns with your updated affidavit of support.

[Marshae04 11]

4 minutes ago, pushbrk said:

No, you cannot use a pay stub.  That's for employed people.  If your income was down in 2022, yes it would be to your advantage to upload all three most recent tax returns with your updated affidavit of support.

oohhh Gotcha! Thank you

[Aluvaboy 62]

19 hours ago, pushbrk said:

It sounds like you are self employed.  If so, your "current income" is the number called "total income" from your latest 1040.  If you submitted your affidavit of support a couple years ago, upload an updated one and updated 2022 tax return (complete copy).  If you haven't filed it yet, get on it.  The year you sponsor a spouse is not a year to delay your filing.

 

If you are employed, do the same but your current income will come from a pay stub, not a tax return.

While on the subject, the USCIS web site says the I864 submitted do not expire. I submitted the I864 in 2020 with the tax return and W2 from 2019. In the I864, submitted in 2020, I reported the adjusted gross income for 2019, 2018 and 2017 in Part 6 (24a, 24b and 24c). It is over three years now! Looks like my sister's F4 priority date might become current soon and she may be called for interview. Is it a good idea to upload the tax return and W2 from 2022 and report the income from 2021 and 2020? I do not need a joint sponsor. I just want to ensure that the process goes smooth and she doesn't have to go back to the consulate a second time!

Edited February 9, 2023 by Aluvaboy
typo

[pushbrk 12,606]

1 hour ago, Aluvaboy said:

While on the subject, the USCIS web site says the I864 submitted do not expire. I submitted the I864 in 2020 with the tax return and W2 from 2019. In the I864, submitted in 2020, I reported the adjusted gross income for 2019, 2018 and 2017 in Part 6 (24a, 24b and 24c). It is over three years now! Looks like my sister's F4 priority date might become current soon and she may be called for interview. Is it a good idea to upload the tax return and W2 from 2022 and report the income from 2021 and 2020? I do not need a joint sponsor. I just want to ensure that the process goes smooth and she doesn't have to go back to the consulate a second time!

This is a visa case, so USCIS has nothing to do with evaluating the OP's affidavit of support.  I already gave the best practice advice for a visa case, where the decision on public charge will be made by a Consular Officer, NOT USCIS.