QUESTION

Does uscis care about joint sponsors last three years of income?

Asked on Jul 01st, 2015 on Immigration - Illinois
More details to this question:
I am an adjustment of status applicant sponsored by my wife who deosnt work. I was using my Own income on form i864 but received an RFE saying my income doesnt meet the criteria. I am obtaining a joint sponsor who is meeting the 125% poverty criteria for his houshold size for tax year 2014 and the current year. However he was making below poverty limit in 2013 and 201 because he was going to school and working part time.My question is does uscis care about the current income or the past income would also have an effect on his eligibility to sponsor me??
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
U.S.C.I.S. is generally not as strict on the number of years of tax returns required on affidavits of support as most U. S. consuls, but a good rule of thumb where the petitioner or joint sponsor makes less than the required amount in 1 or 2 of the past 3 years is to determine whether the amount made in the last year is well above the income requirement and whether there is a good reason for which 1 or 2 years did not have qualifying income. In the situation that you describe of a joint sponsor below the poverty limit in 2 of the 3 years because he was going to school and working part-time, such an explanation would likely be met with understanding by a U.S.C.I.S. officer, but the answer may depend upon how much over the poverty line he is now making. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jul 28th, 2015 at 8:40 AM

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