Affidavit of support, financial evidence?

[Can Ozcollu 0]

Hi everyone,

 

My husband and I are preparing the AOS application and we have a question about providing financial evidence with the affidavit of support. 
 

We have a letter from his employer stating his hourly and annual salary and all the details. His salary is much more than the 125% of the poverty line so we’re good there. However, he has been working in this job only for a few months and his tax return from 2023 shows much less money. 
 

Our question is, should we still include his tax return from 2023 and before even though it’s below the required financial level? Would the letter from his employer showing his current income be enough? Do we need to include any other evidence of income?

 

All help is appreciated!

[powerpuff 6,707]

41 minutes ago, Can Ozcollu said:

Our question is, should we still include his tax return from 2023 and before even though it’s below the required financial level?

It’s required to include the latest tax return so you can’t avoid that. My advice is to include a tax return transcript - it’s preferred anyway and you don’t need

to provide W2s and other extra paperwork like you would with a full tax return. 
 

43 minutes ago, Can Ozcollu said:

Would the letter from his employer showing his current income be enough? Do we need to include any other evidence of income?

I would add his paystubs, I-864 mentions 6 months of paystubs. If he worked less than that then provide all you have.

[Can Ozcollu 0]

2 hours ago, powerpuff said:

It’s required to include the latest tax return so you can’t avoid that. My advice is to include a tax return transcript - it’s preferred anyway and you don’t need

to provide W2s and other extra paperwork like you would with a full tax return. 
 

I would add his paystubs, I-864 mentions 6 months of paystubs. If he worked less than that then provide all you have.

Okay, thank you very much for the reply!

[K1visaHopeful 2,817]

3 hours ago, Can Ozcollu said:

Hi everyone,

 

My husband and I are preparing the AOS application and we have a question about providing financial evidence with the affidavit of support. 
 

We have a letter from his employer stating his hourly and annual salary and all the details. His salary is much more than the 125% of the poverty line so we’re good there. However, he has been working in this job only for a few months and his tax return from 2023 shows much less money. 
 

Our question is, should we still include his tax return from 2023 and before even though it’s below the required financial level?

The most recent year's tax proofs are required as per the instructions. Ensure you've read and understood them to prevent an RFE.

3 hours ago, Can Ozcollu said:

 

Would the letter from his employer showing his current income be enough?

No. Generally not. As the instructions state, when providing an EVL, 6 months of paystubs are recommended too.

3 hours ago, Can Ozcollu said:

Do we need to include any other evidence of income?

"Need to" is not a question we can answer as you provide what proves YOUR extremely individual financial situation meets the FPGLs. We cannot tell anyone what proofs they can provide for that reason as we don't know their situation. 

 

In yours, one of a few things could happen. 

1. They'll say less than 6 months months is okay IF your 3 previous years income that you input on the form meets the FPGLs TOO. 

2. They'll wait and not give you an RFE right away and ask you to REPROVE it later on when they actually get to your petition. 

3. They'll RFE you right away and tell you to prove it in other ways (assets or a Joint Sponsor).

 

I'd prepare 3. before I'd send in initially. 

 

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