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Posted

Hello We are planning to apply for CR1 visa lately, but we still have some questions after searching the information online. We will feel grateful if someone can answer our questions.

 

1, My spouse is American citizen and lives in US. and i am living in another country. He just did the 2024 tax report several days ago and his income is over 125% line. The thing is his 2023 and 2022 income is not enough on tax return. We know that the rule is "we must provide the most recent year tax return, and 3 years optional", then we read something information on internet said that if you just have most recent year tax return but don't have recent years before that, then suggest you to get a joint sponsor. , Is that true? or will our situation bring some trouble in the future processing of this visa? We also read that the three years condition is usually been asked under "AOS" only. so we got confused.

 

2,In 2024 my spouse didn't work for all 12 months. and he changed his job several times, he also did some online sales and investment. so his income should be combined by multiple resources which include different jobs salary, online sales income, investment benefit. so when we provide the 2024 tax return, except for the payment stub, what files we need to prepare to prove other income is true,or we don't need to?

 

3, since 2025 Jan. He got a good and stable job, the yearly income will be over 125% line too. We learnt that you not only need to provide the most recent year tax return but your current job's payment stub and the employer's letter to prove you are working now. so if we want to begin the application asap, except the 2024 tax returns with the files needed in question 2, we still need provide his payment stub of 2025 Jan. which he only can get one month stub for now ,and his employer's letter. Am i understanding right? What the letter's content should include? Like proving he does work here and how much is his payment/ hour?

 

Thank you very much for answering our questions!

Filed: AOS (pnd) Country: Philippines
Timeline
Posted

So the first question is, has your spouse filed the I-130 petition for you yet? If not, the current timeline for the approval for that form is 15-18 months. You do not need to provide any financial details for sponsorship until after that form is approved and the case is sent to NVC. So you will most likely be looking at 2025 being the tax year in question and hopefully by that point a nice, solid job record to prove current income on the I-864 Affidavit of Support.

K1 Visa
EventDate

Service Center: California Service Center

Consulate: Manila, Philippines

I-129F NOA1: 2023-09-20

I-129F NOA2: 2024-06-11

Interview Date: 2024-08-13

Interview Result: Approved!!

Visa Received: 2024-08-20

US Entry: 2024-08-30

Marriage: 2024-10-25

 

Adjustment of Status

CIS Office: Denver CO

Date Filed: 2024-11-18

NOA Date: 2024-11-21

RFE(s) :

Bio. Appt.: 2024-12-26

 

Employment Authorization Document

Event/Date

CIS Office: NBC

Date Filed: 2024-11-18

NOA Date: 2024-11-21

Bio. Appt.: 2024-12-26

Approved Date: 2025-01-08

Date Card Received: 2025-01-18

Comments: Card Produced 2025-01-15

Processing
Estimates/Stats: 
Your EAD was approved in 51 days.

 

Comments : Phoenix, AZ LockBox - NOA1 Received in mail 12/02/24 - Biometrics completed 12/26/24 - I-765 Approved 01/08/2025 - EAD Card Received 01/18/2025

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)

@Ottox

CURRENT annual income is king....not what was reported in past years.  Current annual income is calculated as follows for an employee:

Gross income from most recent pay stub multiplied by the number of pay periods per 12 months.  

Example:  If his gross income from January pay stub is $4000, then, right now, current annual income is $48,000.  As stated by @Edward and Jaycel, that information will be needed at the NVC stage.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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