Joint Sponsor's income above poverty guidelines only 2 out of the past 3 years and primary sponsor without qualifying income for the past 3 years

[tartina 0]

Hello! 

 

I'm currently adjusting status and I received an RFE because my husband didn't meet the income requirements for the past 3 years (with his new job he now makes enough, we sent his paystubs with the original i-864 but still received the RFE).

 

We found a Joint Sponsor who qualifies for only 2 out of the past 3 years in his tax returns, will we be fine??

 

The RFE states "the Total Income line on IRS Form 1040 is used to determine qualifying income for a sponsor" and only "a copy of the joint sponsor's Federal income tax return for the most recent year" has to be sent.
But I've read on multiple lawyers websites the we would need a joint sponsor that qualifies for all of the past 3 years...

 

Thanks for your help!!!

[Crazy Cat 42,563]

Welcome to Visa Journey.  The attorneys are wrong.  Unless self-employed, CURRENT annual income is what determines the ability to support a new immigrant...not what was reported on past tax returns.   Yes, those attorneys are wrong.....as we see here quite a bit. 

Current annual income is calculated as follows:

 

Gross income from latest pay stub multiplied by the number of pay periods in a year (12 months).

Edited March 20, 2024 by Crazy Cat

[tartina 0]

Thank you so much for your answer!

My husband currently makes around 40k, my joint sponsor currently 55k and made 60k in 2023 and 54k in 2022. 2021 was only 13k though.

 

Should I send more paystubs from my husband, along the i-864 signed from my joint sponsor and his requirements documents, or would that be useless?

To prove to USCIS that my husband is able to support me on his own.