I-864 Income Requirements

[Worldtraveler222 0]

Hello! I am currently starting the AOS and Spousal Visa for my Husband. We had a baby last year and I was considered high risk so I was off of work on maternity leave for almost a year. While I have since returned, my 2023 taxes does not meet the requirement by almost $900. I have a 401K and I do make my rate from my 2022 taxes now. Will this be an issue? Or if I provide my previous year and pay stubs or VOE letter will that suffice? And if they declare I do NOT meet the income requirements do I we get a chance to add a joint sponsor or is it just denied? 

[pushbrk 12,752]

25 minutes ago, Worldtraveler222 said:

Hello! I am currently starting the AOS and Spousal Visa for my Husband. We had a baby last year and I was considered high risk so I was off of work on maternity leave for almost a year. While I have since returned, my 2023 taxes does not meet the requirement by almost $900. I have a 401K and I do make my rate from my 2022 taxes now. Will this be an issue? Or if I provide my previous year and pay stubs or VOE letter will that suffice? And if they declare I do NOT meet the income requirements do I we get a chance to add a joint sponsor or is it just denied? 

Your "current income" is how you qualify.  For the "employed" current income does not come from a tax return.  In that section state your current income from your job.  Calculate it as your gross for a pay period, times the number of pay periods in a full year, ie: every two weeks is 26.  Document the current income with a copy of that same pay stub.

 

You will get a case not saying your income doesn't qualify and you MAY want to use a joint sponsor, BUT "the Consular Officer will decide...."

 

Just ignore that message.

[Worldtraveler222 0]

4 minutes ago, pushbrk said:

Your "current income" is how you qualify.  For the "employed" current income does not come from a tax return.  In that section state your current income from your job.  Calculate it as your gross for a pay period, times the number of pay periods in a full year, ie: every two weeks is 26.  Document the current income with a copy of that same pay stub.

 

You will get a case not saying your income doesn't qualify and you MAY want to use a joint sponsor, BUT "the Consular Officer will decide...."

 

Just ignore that message.

Thank you so much!

[Redro 4,611]

Are you adjusting status or are you going through the consulate? 
The consulate is more forgiving with past income and present income but generally USCIS is more strict.

If going through consulate you should be fine. If adjusting status, I would prepare for an RFE for joint sponsor. 

Edited March 18 by Redro

[Worldtraveler222 0]

38 minutes ago, Redro said:

Are you adjusting status or are you going through the consulate? 
The consulate is more forgiving with past income and present income but generally USCIS is more strict.

If going through consulate you should be fine. If adjusting status, I would prepare for an RFE for joint sponsor. 

Yes I am going through USCIS for the AOS. Thank you so much for your reply! Good to know that worse case it’s an RFE and not just a denial