US citizen married to Canadian Citizen in US

[Jackolantern]

Most people send two separate checks, but some have sent one combined check and it worked out OK.

The I-864 instructions say to include a written explanation of why there are less than 3 years of tax returns.

Deceased is fine.

If her salary is not enough, she can use assets to offset the income requirement. Every $5000 of assets reduces the income requirement by $1000. If that's still not enough, she would have to get a joint sponsor (read the I-864 instructions regarding joint sponsors).

 

[avio]

The I-864 instructions say to include a written explanation of why there are less than 3 years of tax returns.

What about the letter from bank and employer as mentioned in the Guide checklist?

 

[Jackolantern]

Standard employment letter saying she is employed at the company in job XYZ and earns $XXXXX. Doesn't have to be addressed specifically to USCIS. But if she's not relying on her own income at all because the joint sponsor entirely meets the requirement, she wouldn't need to include a job letter for herself (but the joint sponsor would need to include one for their job).

You don't need a letter from the bank if not using assets to offset the income requirement. However, you should still bring joint bank statements to the interview.

 

[avio]

Standard employment letter saying she is employed at the company in job XYZ and earns $XXXXX. Doesn't have to be addressed specifically to USCIS. But if she's not relying on her own income at all because the joint sponsor entirely meets the requirement, she wouldn't need to include a job letter for herself (but the joint sponsor would need to include one for their job).

You don't need a letter from the bank if not using assets to offset the income requirement. However, you should still bring joint bank statements to the interview.

So lets say she wasn't making enough money for the past 3 years, but she is making enough now. She just started working 2 years ago, so theres no tax return for the 3rd year. That will require a letter stating there wasn't sufficient income to file for taxes for 3rd year, correct?

If her employer provides her with a letter stating that she is currently employed full-time and is making 125% of the poverty line income which would be $18,212, would this be sufficient enough for them?

So does she need to be making 125% above the poverty line for the past 3 years or it's just the current income that matters? She hasn't filed taxes for this year (2010) yet.

If a letter from her employer stating that she has been working with them and her income is this $18,212, this would suffice the requirements for the affidavit of support?

 

[Jackolantern]

So lets say she wasn't making enough money for the past 3 years, but she is making enough now. She just started working 2 years ago, so theres no tax return for the 3rd year. That will require a letter stating there wasn't sufficient income to file for taxes for 3rd year, correct?

Correct, she should write a letter saying that her income was only $X,XXX in 20xx, which was below the threshold for being required to file so that is why she didn't file a return for that year.

If her employer provides her with a letter stating that she is currently employed full-time and is making 125% of the poverty line income which would be $18,212, would this be sufficient enough for them?

The employer shouldn't write anything about the poverty line. The employment letter should just state her position, when she started working, and her annual salary or weekly or hourly wages. Every company with an HR department already has a standard employment letter like that; she doesn't need anything different.

So does she need to be making 125% above the poverty line for the past 3 years or it's just the current income that matters? She hasn't filed taxes for this year (2010) yet.

Her current income is what really matters. Prior year tax returns are just to add credibility in case the interviewer has doubts about the legitimacy or sustainability of the current income. Generally, if the income is a regular salary or hourly wage from an established company, they're not going have such doubts.

 

[avio]

The employer shouldn't write anything about the poverty line. The employment letter should just state her position, when she started working, and her annual salary or weekly or hourly wages. Every company with an HR department already has a standard employment letter like that; she doesn't need anything different.

The company is just a kiosk in the mall. They don't have a HR department, so the letter is coming straight from the boss himself.

Since she has no filed for 3 years of taxes, does she still check the box where it says

Federal income tax return information.
I have filed a Federal tax return for each of the three most recent tax years. I haveattached the required photocopy or transcript of my Federal tax return for only themost recent tax year.
(Optional) I have attached photocopies or transcripts of my Federal tax returns for mysecond and third most recent tax years.
Tax Year
$
(most recent)
My total income (adjusted gross income on IRS Form 1040EZ) as reported on myFederal tax returns for the most recent three years was:

Or should we just include a letter stating that only the recent last two years of Federal tax returns were filed and nothing before that because there was no income prior to that?

Or would we need to get a co-sponsor?

 

[Jackolantern]

She would not check that box. She should just write the letter of explanation saying why there is less than 3 years of tax returns.

If her income by itself is insufficient (after adjusting for assets), a co-sponsor is required. Is her income sufficient or not?

 

[avio]

She would not check that box. She should just write the letter of explanation saying why there is less than 3 years of tax returns.

If her income by itself is insufficient (after adjusting for assets), a co-sponsor is required. Is her income sufficient or not?

Her boss has given us a letter,

To: Whom it may concern:

Please accept this letter as a confirmation that Mrs. XXX has been employed with XXX since June 2009.
Currently Mrs. XXX holds position of XX and earns annual salary of approximately $12,000, payable Bi-weekly. In addition to this salary she makes roughly around $8000 and Tips and bonus amount. With the hourly salary (paid Bi-weekly), tips and bonus, her total yearly compensation amounts to around $20,000 (yearly).
Mrs. XXX works for us on full-time basis at our XXX location. If you have any questions or require further information, Please don’t hesitate to contact us at xxx-xxx-xxxx

Is this sufficient? Or not?

For the following section:

25. Federal income tax return information.

Should we fill out anything or leave it blank? Because theres only 2 years of tax information, not 3. As you said above we shouldn't check the

"I have filed a Federal tax return for each of the three most recent tax years."

But should we fill out the portion below it?

My total income (adjusted gross income on IRS Form 1040EZ) as reported on myFederal tax returns for the most recent three years was:

Should we just leave it all blank and include a letter as to why there has been no taxes filed due to insufficient income for the past?

If the affidavit of support is not enough and gets rejected, and we need to file with a co-sponsor, do we have to re-submit the affidavit of support and pay filing fees again?

 

[Jackolantern]

Is this sufficient? Or not?

An official job letter shouldn't say "approximately" for a salary. It should state the exact amount in dollars and cents, as an annual, quarterly, monthly, weekly, hourly, or daily amount.

If she works for an hourly wage, the annual amount would be approximate because hours can vary every week, but there would still be an exact hourly amount. So for example, it would be acceptable to say "she is paid $9.25 per hour which results in total wages of approximately $18000 per year."

If she works for an annual salary, not an hourly wage, the letter should say the amount to dollars and cents: She earns an annual salary of $17995.75 (not "approximately $18000").

If she works based on commission only, that's not a regular salary or wage, so the word "salary" shouldn't be used. For earnings based on commission, approximate is acceptable due to the unpredictable nature of commissions.

Of course, the tips and bonus amounts would have to be approximate, due to the irregular nature of tipping and bonuses.

 

[avio]

An official job letter shouldn't say "approximately" for a salary. It should state the exact amount in dollars and cents, as an annual, quarterly, monthly, weekly, hourly, or daily amount.

If she works for an hourly wage, the annual amount would be approximate because hours can vary every week, but there would still be an exact hourly amount. So for example, it would be acceptable to say "she is paid $9.25 per hour which results in total wages of approximately $18000 per year."

If she works for an annual salary, not an hourly wage, the letter should say the amount to dollars and cents: She earns an annual salary of $17995.75 (not "approximately $18000").

If she works based on commission only, that's not a regular salary or wage, so the word "salary" shouldn't be used. For earnings based on commission, approximate is acceptable due to the unpredictable nature of commissions.

Of course, the tips and bonus amounts would have to be approximate, due to the irregular nature of tipping and bonuses.

She works on an hourly basis, but due to the hours varying it results in being approximately 12,000 per year + tips and bonuses bringing the total to $20,000

so the letter is not good enough? would tips/bonuses be sufficient to meet the requirements?

should we leave the tax information blank? or fill out the last 2 years and leave 1 blank?

 

[avio]

Bump. Do we need to submit the tax information or should we just leave it out, will the employment letter suffice alone?

 

[Jackolantern]

She works on an hourly basis, but due to the hours varying it results in being approximately 12,000 per year + tips and bonuses bringing the total to $20,000

Then the letter should state the exact hourly amount, while approximating the yearly total with tips and bonuses.

should we leave the tax information blank? or fill out the last 2 years and leave 1 blank?

Leave question 25 blank, but attach a letter which lists the amounts for those 2 years and explains why there was no income for that other year.

 

[avio]

I have all 3 years of tax return transcripts, should I include all 3 or just the latest as stated on the application? It shows the required income amount for her salary. Only the latest year's income needs to meet the requirements or all 3 years?

Do I need to obtain a copy of the marriage certificate from the Clerk’s Office, or can I just photocopy the marriage certificate I have and include that? Same question about birth certificates, can I include photocopies made by me or do I need to obtain official copies from the vital records office?

How should I organise the applications in the envelop? Should I just put them in random order? Should I staple the applications with multiple pages or just use a paper clip? What should the order be for all the supporting documents? Can I just include them all in the envelop and they will sort them out when they open the application or should I paper clip or staple any of the documents to the specific application?

THANK YOU ALL YOU HAVE BEEN A GREAT HELP!

 

[Jackolantern]

You started this thread last year June and still haven't filed the application yet? What are you waiting for? Do you want to be deported and banned from the US for years?

If you've delayed the filing because you're overly confused, schedule a consultation with an immigration lawyer ASAP to go through the paperwork before you submit it.

Do I need to obtain a copy of the marriage certificate from the Clerk’s Office, or can I just photocopy the marriage certificate I have and include that? Same question about birth certificates, can I include photocopies made by me or do I need to obtain official copies from the vital records office?

Send copies with the application, but bring the originals to the interview.