I-864 Income vs. Tax Return Issue

[rhoerus]

Hello again,

I've searched the forums and I've been unable to find a really clear answer to this, so I'm hoping someone will have a good answer for me.

I'm currently filling out an I-864 (I'm a USC filing an AOC for my spouse). My income on my 2005 tax return does not meet the poverty guidelines, but my current job does, in fact, meet those guidelines now. In other words, if I filed after 2006 was over, I'd be over the line (though we'd rather file ASAP rather than wait till year's end).

It seems from what I've read that the main proof of support is on current employment, so will filing with just this information (including a few paystubs) be sufficient evidence? Or should I also look to get a letter from my employer stating my yearly income rate and the like? Or is there even more evidence I'd need beyond this to prove effectively that I make enough to support us?

Thanks in advance for any advice anyone can offer.

 

[visaapplicant]

Per instructions for latest I864 form (Rev. 01/15/06) page 8,
"You must provide either an IRS transcript or a photocopyfrom your own records of your Federal individual income taxreturn for the most recent tax year. If you believe additionalreturns may help you to establish your ability to maintainsufficient income, you may submit transcripts or photocopiesof your Federal individual income tax returns for the threemost recent years."

and

"If you provide a photocopy of your tax return(s), you mustinclude a copy of each and every FormW-2 and Form 1099that relates to your return(s). Do not include copies of theseForms if you provide an IRS transcript of your return(s) ratherthan a photocopy."

Which means you have to include your 2005 Federal tax return (if you are filing now even if your 2005 income was below required level) and copies of W-2 and 1099 (if you are sending a photocopy of return). Although you probably want to send copies of your W-2s anyway if you filed a joint return in 2005.

Separately on page 7 it states that
"You may include evidence supporting your claim about yourexpected income for the current year if you believe thatsubmitting this evidence will help you establish ability tomaintain sufficient income. You are not required to submitthis evidence, however, unless specifically instructed to doso by a Government official. For example, you may includea recent letter from your employer, showing your employer'saddress and telephone number, and indicating your annualsalary. You may also provide pay stub(s) showing yourincome for the previous six months."

So you should include a letter from employer with the above info and paystubs for past six months. This will show that your current income is above the required level.

Additionally, if you want you can use assets to supplement income. (instructions are on page 8)

Hope that helps.