QUESTION

Will I have enough income evidence to be sole sponsor of my fiancee on the I-864 affidavit of support for adjustment to permanent resident?

Asked on Feb 21st, 2012 on Immigration - Utah
More details to this question:
By the time we file I will have worked just three months at my new job. It will pay far above the poverty line requirement. However, in the tax returns it also requests to see, in previous years I have not filed them because I was a student with only part-time work not making enough to pay taxes. Even though I will easily have at the time of filing sufficient income, and have a good justification for not having it in the past, will that be enough for the immigration people to let me be sole sponsor for my future wife? I don''t have any options for a second sponsor.
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1 ANSWER

Family Immigration Law Attorney serving Minneapolis, MN at Aust Schmiechen, P.A.
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On pages 3 and 4 of the I-864 Affidavit of Support, you will list your income that you earn from your current job. This amount, at least for you, will be a 12-month projection based on what you have earned for the 3 months before you file the paperwork with USCIS for your wife to adjust status. So long as the annualized amount is above the 125% income level for your household size (determined on page 3), then it is likely that that National Benefits Center will agree that you meet the income requirements. USCIS has stated that it looks primarily to item 24.c for determining whether a particular person meets in the income requirements under INA § 213A. Even though not required, I would recommend submitting ALL of your paychecks and a letter on letterhead from the company as a way to substantiate the total projected income amount that you list on the I-864.
Answered on Feb 22nd, 2012 at 1:25 PM

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