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If the officer at an immigration interview, turns down the applicant and ask him to find a sponsor to continue his visa process,

New York, NY |

because the petitioner does not meet the poverty guidelines according to 2011 income tax transcript. Can the petitioner send in 2010 and 2011 transcripts along with a job letter to meet the guidlines? even if 2010 and 2011 were filed jointly with ex spouse

Attorney Answers 5

  1. Best answer

    It is not a problem that your tax returns included your ex-wife since you are now divorced. It is a problem if your separate income on your most recent 2011 tax returns do not meet income guidelines. Tax returns are a core document under consideration. It is generally not sufficient to show ongoing earnings for 2012 to try and meet income guidelines if your calendar year earnings for 2011 were insufficient.

    Under current practice, you must show sufficient earnings as reported on your most recent income tax returns plus ongoing income earnings. In your case, you can either amend your 2011 returns to meet guidelines, supplement your income with liquid assets or home equity, or have a financial cosponsor. I've included a link below with more information about income requirements. Allan

    This information is general in nature and is not legal advice to be relied upon for any particular matter.

  2. Wait. If 2011 did not qualify how can it be different the second time around?

  3. The petitioner's stand alone income must satisfy the financial sponsorship requirements. If you can segregate the income from the jointly filed returns, that may or may not be sufficient depending on the officer. It may be easier to find a co-sponsor then trying to argue your point with CIS.

  4. You will need to find an additional sponsor.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

  5. It is not necessarily the income on the taxes. it is current income. A person may have had a part time job in 2011, but right now makes more than enough. Try to have current job letter and pay stubs. But in your case, does not look to be the case and sounds as if you may need a joint sponsor.

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