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What if we get rejected because my USC husbands earnings aren't enough? Will we have to reapply for my green card?

Brooklyn, NY |

We are filing the I-864, my USC husband is now in a job where his salary $40,000. But his last three years of tax returns were under the poverty limit. If we get rejected and then need a co signer will we have to reapply for my green card?

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Attorney answers 8


Your husband has to prove to the satisfaction of the USCIS that his current income meets the poverty guidelines. Don't worry about past 3 years of returns. If for some reason, your husband's current income is not enough for your household size you'll get an opportunity to find a joint sponsor.


YOu will need a co sponsor That is it.

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No. You will be given time to get a co sponsor. I suggest you go ahead and submit the docs for a co sponsor now.


Then you will need to find a co-sponsor.

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No! Relax. You will NOT be r"rejected". There are always more than one way of skinning a cat.. Based on the facts here your husband does qualify on his last year of tax returns . All you need os to show is just the last year of the tax returns to qualify on the I-864.

If worst came to worst, one can always get a co-sponsor. But not in this case.

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Submit your husband's current pay-stub. If somehow your husband does not have "enough income" under the guideline, you'd need a co-sponsor who meets such guideline. You don't need to reapply.


You will need a co-sponsor.

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His salary seems adequate to qualify for the Federal Poverty Guidelines. If the service deems that he does not have adequate income, you will not be rejected but will be asked to furnish a co-sponsor or joint sponsor with adequate income to ensure that you don't become a public charge. You will not have to reapply. They will send you a request for further evidence.