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  • I864 affidavit of support question

    I immigrated to USA 2015. I petitioned my husband 2016. Now, I need to submit I864, my salary is above 2017 immigration poverty guideline but I only have two years of income tax returns (2015-2016). Will there be a problem for not having three years of income tax returns? Is submitting a letter explaining why I don't have 2014 income tax return enough? Or do I still need to look for a joint sponsor to cover 2014?

  • #2
    What matters is current (i.e. this moment) income. Not last year's income. Not the year before that's income. As long as your current salary is enough, it is sufficient, especially since you have more than one year of consistency in previous income.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thank you for responding. I am asking because someone told me that it is one of the requirements, to have filed at least three years of income tax.

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      • #4
        Originally posted by lenortiz View Post
        Thank you for responding. I am asking because someone told me that it is one of the requirements, to have filed at least three years of income tax.
        No. You could even have filed none of the last 3 years of tax returns and still qualify to sponsor if your current income is enough. On the question that asks for the "total income" line from your tax returns from the last 3 years, if you did not file all last 3 years, then according to the instructions, you put "N/A" for the year(s) you didn't file, and you attach an explanation stating that your income those year(s) was below the minimum threshold for needing file, and cite the threshold from the relevant years' Form 1040 instructions, in the section near the beginning called "Do You Have To File?".

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Aos

          Hello,

          As someone who has recently filed AOS and spoken with the NVC on this subject about 3 weeks ago, I can tell you this.
          If you are filing an I-864 after the tax filing deadline for 2016 (i.e April, 18 2017) the you will be required to provide a copy of your tax return for 2016. If you feel that your income stated on your 2016 tax return is sufficient, then you are good.
          Submitting income documents for any additional years is optional

          So in other words, you MUST include your 2016 tax returns as a part of AOS.

          As for what you are currently making, a letter from your employer showing what you are currently making is REQUIRED

          If you are still concerned, the phone number for the NVC is (603) 334-0700 and are open from 7am to midnight. I have called them several times and my average wait was 45 mins to speak with a representative.

          Another great resource is the NVC itself https://travel.state.gov/contenthttp...documents.html

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          • #6
            Originally posted by Aghaaz0719 View Post
            So in other words, you MUST include your 2016 tax returns as a part of AOS.
            Not true. If you were not required to file a 2016 tax return, and you did not file, then you do not have to include it.

            Originally posted by Aghaaz0719 View Post
            As for what you are currently making, a letter from your employer showing what you are currently making is REQUIRED
            Also not true. Employer letters are optional. Not all employers want to write letters. However, everyone should have pay stubs and those should be included.

            This is my personal opinion and is not to be construed as legal advice.

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