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Affidavit of support for green card application marriage based.

Pittsburgh, PA |

By the time of the National Visa Center stage and when the affidavit of support will be required, my wife will be having only tax returns of the last two years. The year before, which would have made three years tax returns, she was not making any money and we spent it in my country outside the USA. Would that be ok for her to sponsor me still?

Attorney Answers 4

Posted

Last year's tax return will be enough to qualify if wife made enough income under the poverty guidelines. Only submit 1 year worth if she qualifies.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Asker

Posted

Thanks a lot for your answer. Roughly speaking, is a gross salary of 42000 USD enough for her to sponsor me?

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Absolutely ! Even more than enough.. For a household of 2 persons, $16,000 is already enough.. Please do not forget to desk gate a "helpful", as well as "Best Answer" to your question.

Posted

I agree with my colleague. You will be fine with submitting just the the tax return for one year so long as she made enough to meet the poverty guidelines requirements.

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Asker

Posted

Thanks a lot for your answer. Roughly speaking, is a gross salary of 42000 USD enough for her to sponsor me?

Cindy Medina

Cindy Medina

Posted

Depends on how many people are in her household (children) and if she has sponsored (completed an affidavit of support) for anyone else. You can see the poverty guidelines on USCIS' website. If it is just the two of you and she has not sponsored anyone else then she makes more than enough.

Asker

Posted

We are only the two of us me and her without any children.

Cindy Medina

Cindy Medina

Posted

You should be good to go. If you'd like to confirm just google USCIS poverty guidelines and pull up the PDF on USCIS' website, I believe it's the I-864P

Asker

Posted

Thanks a lot. Very good information, I appreciate your help.

Cindy Medina

Cindy Medina

Posted

No problem. Best of luck!

Posted

It's sufficient to submit last year's income taxes if her income is sufficient to sponsor you. Good Luck.

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Posted

Last year's income tax returns will be sufficient. The I-864 lists the previous two years of returns as optional. I agree with my colleagues, as long as the income reported meets the 125% of the poverty level (as listed on I-864P), you should not run into problems. Moreover, if her income is on the borderline on the amount needed, I suggest supplementing the application with recent pay-stubs to strengthen the case.

The comments provided are for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Information provided as part of this posting, does not create an attorney-client relationship between the attorney and the questioner. The opinions expressed are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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