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Affidavit of Support for immigration

San Francisco, CA |

I need to do an affidavit of support for my wife, but my income for the past few years was below the poverty line because I was a full time college student and didn't work. I am working now and making enough money, but will USCIS loot at my low income on my old returns and deny the case?

Attorney Answers 7

Posted

You only need to submit income tax returns for the past year. If your income in 2012 was sufficient and you continue to be employed, you should be fine. However, if your income was insufficient last year, the easiest route would be to have a co-sponsor who meets the requirements.

Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (866) 456-­8654, wendy@myatorneyusa.com, www.myattorneyusa.com. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.

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4 comments

Asker

Posted

i think it says three years on the form. Did they change it?

Wendy Rebecca Barlow

Wendy Rebecca Barlow

Posted

Yes, it does allow you to indicate three years on the form, but you are not required to do so.

Asker

Posted

is that a new thing because it use to be mandatory to submit three years. Correct?

Wendy Rebecca Barlow

Wendy Rebecca Barlow

Posted

You are free to put all three years if you would like. USCIS will focus on the last tax year.

Posted

The last income tax return is what they look at. So, you should have a joint sponsor if your income last year does not meet 125% of the poverty level for our household size. You can supplement your Affidavit of Support at the time of the adjustment interview to prove that, at that point in time, you meet the income level requirement. It will also help to include a letter from your HR to confirm your present income level.

Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.

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Posted

The safest solution is to get a co-sponsor so that even if your income is questioned, you have the co-sponsor's income. The co-sponsor can be anyone who is a US citizen or green card holder and has sufficient income. It does not need to be a family member.

The information you obtained at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Asma Chaudry invites you to contact her directly at her office in Edison, New Jersey, and welcomes your calls, letters and electronic mail. Contacting Asma Chaudry does not create an attorney-client relationship. Please do not send any confidential information to her until such time as an attorney-client relationship has been established. asma@asmachaudry.com (732) 662-4125.

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Posted

The Affidavit of Support must show verifiable sufficient ability to meet the required 125% above the poverty line. Even if you did not meet that criteria prior, you meet it now, therefore, prepare all the pay checks, pay stubs, work contract or the recent tax return to show that you meet the criteria. If that will not be deemed sufficient, you may always cure that situation by using an eligible co-Sponsor.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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Posted

The relevant time period regarding sufficiency of income is the present. If you can show that your current income qualifies you under the I-864P, you technically qualify. In practice, the adjudicating officer might hassle you if your most recent tax return shows insufficient income. If you can find a joint sponsor (remember that it does not need to be a relative), that will likely eliminate any hassles or requests for evidence.

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Posted

You are probably going to need a co-sponsor. Speak with an immigration attorney that can review your finances and help you determine if you will need one.

Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney. If further assistance is needed please feel free to contact me and retain my services.

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Posted

I agree with my colleagues, and I would be happy to assist you further if you are looking for an immigration attorney in San Francisco. What matters legally is your current income (which you can prove with your current pay stubs), even last years tax returns is not determinative. (Though CIS will surely look at it). Good luck with your situation.
Otis C. Landerholm, Esq.
www.LanderholmLawOffice.com

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