I-864 requirement confusion

[cookie y cookie 1]

Hello all. I am truthfully still in the second stage of the K-1 visa (got my NOA 2 but still waiting for interview), but I am trying to prepare myself for AOS since that will be the next step in this process.

My understanding was that you had to provide 3 years of tax returns but the most important proof was that you were currently earning 125% above the poverty line to qualify. Now here's the confusion: does my my tax return have to show that I made 125% over the poverty line in 2011 or can I use my employer statement/recent pay stubs to prove that during this year, that is the amount of money I will be making?

A bit of context: I lived in Argentina for 1.5 years. During 2011 I made about $9,000 (in pesos!!) and when I moved back to the US in August of 2012, I didn't get a full time decent paying job until October. Even my tax return for 2012 will not show that I made anywhere close to $19,000 BUT technically I am set to make more than $33,000 this year.

Basically what I want to know is...will I have to wait until next year to file a new tax return that shows I made more than $19,000 or will submitting my existing tax returns and current income proof be enough?

I'm super nervous now as waiting 5 or 6 months to file AOS seems risky

[HK12 273]

My understanding was that you had to provide 3 years of tax returns but the most important proof was that you were currently earning 125% above the poverty line to qualify. Now here's the confusion: does my my tax return have to show that I made 125% over the poverty line in 2011 or can I use my employer statement/recent pay stubs to prove that during this year, that is the amount of money I will be making?

I would be interested in an answer to that too. My (now-)husband did not meet the poverty line in 2011 (which would be his last tax return), but he is making more than enough money now, and did in 2012. Which year will they look at in determining whether he has made enough?

Edited March 1, 2013 by HK12

[KayDeeCee 4,893]

You do not need to wait to file for AOS. Annualize your current income and put that number where it asks for your current annual income. For example, how much you earn a week times 52 weeks in a year is your gross current income. Provide a letter from your employer and most recent pay stub(s) to prove the income you list. You need to list your income amounts from the last 3 years of taxes on the I-864, but only the most recent tax transcript is required to be sent in with the form. You can send more years though, if you feel it will help prove your spouse will not become a public charge.

[HK12 273]

You do not need to wait to file for AOS. Annualize your current income and put that number where it asks for your current annual income. For example, how much you earn a week times 52 weeks in a year is your gross current income. Provide a letter from your employer and most recent pay stub(s) to prove the income you list. You need to list your income amounts from the last 3 years of taxes on the I-864, but only the most recent tax transcript is required to be sent in with the form. You can send more years though, if you feel it will help prove your spouse will not become a public charge.

So what counts for the poverty limits is my hunsband's estimated income for 2013 (even though we need to send the 2011 tax return along), right?

[KayDeeCee 4,893]

So what counts for the poverty limits is my hunsband's estimated income for 2013 (even though we need to send the 2011 tax return along), right?

Not for 2013, for a year. What he currently makes annually. Just figure up his gross salary for a year. 2011 taxes are still the most recent, unless you already filed 2012, then you would go ahead and send 2012 instead.

[HK12 273]

Ah, thanks for clearing that up!

[ceadsearc 516]

What the sponsor makes now matters. If it is in conflict with the returns (because less was made previously), include recent paystubs and a letter from the employer to clarify.

[cookie y cookie 1]

Thank you so much for your replies! ::breathing sigh of relief::