RFE for AOS due to low AGI from excluding foreign income. But I have a full-time job now

[nomy 0]

Timeline

• Nov 2022, submitted i-130 with i-486 to sponsor wife

              Income was over 125% poverty guidelines
              Self-employed
              AGI for previous years are zero due to foreign income exclusion

• Dec 2022, biometrics
• Mar 2023, got good full-time US employment making good money
• Jun 2023, received RFE asking for joint sponsor & my 1040 for 2022
• Aug 17 2023, RFE due!

 

I'm unable to find a joint sponsor, and I'm wondering how to handle my case without one. I have a few choices and really need advice!

 

A. Submit current letter of employment, signed by employer, and payment stubs.

B. Do everything in (A) and amend 2022 tax return to make AGI higher by only excluding some income.

C. Do everything in (A and B) and amend 2020,2021 tax returns to make AGI higher.

 

Browsing on topics on this forum, it sounds like A would suffice since I am now employed full-time. Previous tax AGI wouldn't matter?? If it does matter than I can amend last years tax return and immediately upon 1040-X submission go ahead and submit my reply to the RFE.

[K1visaHopeful 2,814]

A. 

But in future, be a law abiding tax payer and report your income honestly. 

 

[nomy 0]

Just now, K1visaHopeful said:

A. 

But in future, be a law abiding tax payer and report your income honestly. 

 

Thank you for replying so quickly! But, just curious, what about my income wasn't reported honestly you think?

[Crazy Cat 41,845]

I vote for "A" since, for financial support qualification, CURRENT income is much more important than what was earned in the past.  CURRENT annual income is calculated as follws:

 

Gross income from most recent pay period multiplied by the number of pay periods per year (12 months).  Good luck on your journey. 

Edited August 8, 2023 by Crazy Cat

[JeanneAdil 6,498]

Foreign income doesn't count whether u exclude it form taxes or add it 

 

US income is what counts 

 

and this job is new

they say "get a joint sponsor and that's what immigration wants"

 

 

[Crazy Cat 41,845]

4 minutes ago, JeanneAdil said:

Foreign income doesn't count whether u exclude it form taxes or add it 

 

US income is what counts 

 

and this job is new

they say "get a joint sponsor and that's what immigration wants"

 

 

• Mar 2023, got good full-time US employment making good money

Op has sufficient US employment income now which he didn't have prior to RFE.....OP also said cannot find a joint sponsor.  

[JeanneAdil 6,498]

Just now, Crazy Cat said:

• Mar 2023, got good full-time US employment making good money

Op has sufficient US employment income now which he didn't have prior to RFE.....OP also said cannot find a joint sponsor.  

i read that 

he may have to use assets

[Redro 4,611]

8 hours ago, nomy said:

Timeline

• Nov 2022, submitted i-130 with i-486 to sponsor wife

              Income was over 125% poverty guidelines
              Self-employed - this is why they requested the joint sponsor! They don't look at income only taxes when someone is self employed. 
              AGI for previous years are zero due to foreign income exclusion

• Dec 2022, biometrics
• Mar 2023, got good full-time US employment making good money
• Jun 2023, received RFE asking for joint sponsor & my 1040 for 2022
• Aug 17 2023, RFE due!

 

I'm unable to find a joint sponsor, and I'm wondering how to handle my case without one. I have a few choices and really need advice!

 

A. Submit current letter of employment, signed by employer, and payment stubs.

B. Do everything in (A) and amend 2022 tax return to make AGI higher by only excluding some income.

C. Do everything in (A and B) and amend 2020,2021 tax returns to make AGI higher.

 

Browsing on topics on this forum, it sounds like A would suffice since I am now employed full-time. Previous tax AGI wouldn't matter?? If it does matter than I can amend last years tax return and immediately upon 1040-X submission go ahead and submit my reply to the RFE.

It appears as if USCIS is a little more stringent about past income being under the limit. 

 

Your income wasn't sufficient because they look at taxes and you took the foreign income exclusion. And because you are self employed only taxes matter. 

 

You can 1.) Submit an updated I-864 with current job and paystubs and hope that suffices. 

Or 2.) Amend the past 3 years of taxes so you make enough and don't require a joint sponsor. Then also include the information you are now employed by a company and submit paystubs. 

 

Good luck!

Edited August 8, 2023 by Redro

[Chancy 6,241]

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