income requirements-I.864

citizen.texas

New Member
hello.I am a citizen, and trying to adjust my wife's status. Everything is fine when we filled out our paperwork, except when we get to the income.

listing my past 3 yrs income based on W2's

2002-36,000
2003-18,000
2004-6,870

in 2003 my father passed and I quit my job to help my mother's business, not taking pay for half of 2003 and 2004. My mother pretty much used me for work. as I had not seen her in 12 years, which is why I went to her after my father passed.

so I am below the poverty line for my most recent year 2004. Currently for 2005 I am over the poverty line. It's just 2004 which looks bad on paper.


I spoke with someone at USCIS about this and they gave me three senarios:

1. Its fine because if you go thru regular paperwork, the whole process will take a year to get an interview anyways so we are ok.

2. (I asked about the pilot program here in dallas) which gets you an interview date much sooner, about 3months, where our paper is reviewed and we are interviewed, and approved on the spot in one take. Here they would look at my 2004 income and not approve us.

3. or she said I can go ahead and try the pilot program and explain my situation but she didnt give me a solid answer on what the answer would be.



SO.
Do I wait until I file my 2005 taxes? or just apply now for pilot and cross my fingers and plead my case???

main reason we want to finish as soon as possible is my wife pays the higher rate at school and she has a year left of school, I want her to pay less.


sorry for the long post any thoughts or advice or links to other site would help..

THANK YOU.
 
Either... or...
1/ If you file right now, since you are below the PG, find a joint sponsor (ex. your mom)
2/ If you decide to wait until you file 2005 tax return.... well, what you loose is time, and obviously money in more tuition fees. By that time your wife could be with a green card.

Was I in your shoes, I would do it now. Thjey also consider your present emloyment status. Don't worry. Do it now :)
 
citizen.texas said:
hello.I am a citizen, and trying to adjust my wife's status. Everything is fine when we filled out our paperwork, except when we get to the income.

listing my past 3 yrs income based on W2's

2002-36,000
2003-18,000
2004-6,870

in 2003 my father passed and I quit my job to help my mother's business, not taking pay for half of 2003 and 2004. My mother pretty much used me for work. as I had not seen her in 12 years, which is why I went to her after my father passed.

so I am below the poverty line for my most recent year 2004. Currently for 2005 I am over the poverty line. It's just 2004 which looks bad on paper.


I spoke with someone at USCIS about this and they gave me three senarios:

1. Its fine because if you go thru regular paperwork, the whole process will take a year to get an interview anyways so we are ok.

2. (I asked about the pilot program here in dallas) which gets you an interview date much sooner, about 3months, where our paper is reviewed and we are interviewed, and approved on the spot in one take. Here they would look at my 2004 income and not approve us.

3. or she said I can go ahead and try the pilot program and explain my situation but she didnt give me a solid answer on what the answer would be.



SO.
Do I wait until I file my 2005 taxes? or just apply now for pilot and cross my fingers and plead my case???

main reason we want to finish as soon as possible is my wife pays the higher rate at school and she has a year left of school, I want her to pay less.


sorry for the long post any thoughts or advice or links to other site would help..

THANK YOU.

Thing is, if you apply now they will not accept your papers!
We had similar situation, when we filed last december- my wife's income for 2003 was 13 000, but for 2004 year to date was already above the poverty line, so I thought- what's the difference? and we filed the papers with explainatory letter and copies of her pay stabs for 2004 plus letter from work.

They returned the whole thing within a week! Those people who go through the forms at first- once they saw the amount for the most recent tax year is below the line, they just mailed it right back to us!
We had to wait for her W-2 forms, file her taxes for 2004 and re-submit the forms in february this year.
 
citizen.texas,
I would say the best choice would be, find a co-sponsor. This would be faster and easier and safer.
 
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