Will My Income Qualify In Time (Affidavit of Support)?

[Ben Dover 6]

Hello,

 

I was taking care of my terminally ill mother for the first half of this year until she passed away. During that time, I wasn't working. I just started a new job in July. My annual income at my job is more than enough to meet the requirements for the affidavit of support for my family size. The problem is that since I will only work about half of this year, the income stated on my 2024 tax return will be less than half of what I should earn in a year, and I won't qualify to sponsor my wife on that income. 

 

I just filed the I-130 in May 2024. I'm expecting NOA2 sometime around May 2025. My question: Is the affidavit of support required around the NOA2 period or will I have time to work one full year (2025) and have a complete tax return that I can send to my wife to take to the interview which should be in 2026?  Thank you!

 

 

 

[pushbrk 12,883]

3 hours ago, Ben Dover said:

Hello,

 

I was taking care of my terminally ill mother for the first half of this year until she passed away. During that time, I wasn't working. I just started a new job in July. My annual income at my job is more than enough to meet the requirements for the affidavit of support for my family size. The problem is that since I will only work about half of this year, the income stated on my 2024 tax return will be less than half of what I should earn in a year, and I won't qualify to sponsor my wife on that income. 

 

I just filed the I-130 in May 2024. I'm expecting NOA2 sometime around May 2025. My question: Is the affidavit of support required around the NOA2 period or will I have time to work one full year (2025) and have a complete tax return that I can send to my wife to take to the interview which should be in 2026?  Thank you!

 

 

 

Current income is king, not last year or any year's tax return, unless "self employed".  If you take a job today paying 1k a week, your current income is now 52k.  That's how it works.  Take a look at the I-864 and you'll see there's a separate place to indicate you current income.  It does not  have to be a full year.

[powpow13 4]

Hey @Ben Dover,

 

You are correct, you'll have to submit your I-864 after your I-130 petition was approved and your case has been sent to the NVC (National Visa Center). They will get in touch with you to let you know to pay the necessary fees and start your wife's DS-260 form online. I-130 petitions have been taking at least a year to be reviewed and approved (on average--of course there are going to be petitions that take longer or less time than others); so, if you filed your petition in May 2024, it's likely that your I-130 will be approved after May 2025. Once again, barring any requests for evidence or other delays. 

 

In case you have to submit your I-864 before you have that full year under your belt, there are other ways you can prove your income: your tax returns are one way, but you can also show your paystubs for the last several months, a letter signed by your employer (stating your occupation, your income, and how long you've been there), any other assets you might have (bank accounts, saving accounts, CDs, etc.), etc. etc. You can use the salary your employer discloses in their letter as your current income, and then simply disclose the amount on your tax documents where it says "My total income [...] as reported on my Federal income tax returns for the most recent three years was etc. etc." Don't forget you can also use the last page of the I-864 to explain why your last year's income was not as high as the previous years.

 

Hope this helps, and best of luck to you both!