Affidavit of Support Concerns - Employment and Taxes

[tra]

Hello All ^_^

So, my USC husband is sponsoring my Adjustment of Status. There are a couple issues I'm worried may cause problems in the Affidavit of Support portion:

1. He recently became unemployed when his company suddenly shutdown in mid-December of 2016. He's been sending out applications and getting call backs already. He will most likely get a job in a couple weeks, but he probably wouldn't get his first paycheck until about a month after that. Don't want to sit on this AOS application while waiting for his new job to come through. Would it be fine to just send the paperwork we have so far: Copies of bank statement; latest pay stubs from previous employer (last one received end of December/beginning of January); the proof of employment letter; and 2016 W2 and taxes (which he'll file shortly).

2. He doesn't have a W2 or tax forms for 2015 because he didn't work, mostly living off his savings and help from family/friends. What kind of tax form would he need to fill out - if any - for that year?

Much thanks for any help or advice!

[rayb]

If your husband didn't have reported income during 2015, he does not and cannot have a credible tax return for 2015. Wait until he completes a 2016 income tax return before submitting the Adjustment f Status with sponsorship documents.

--Ray B

Hello All ^_^

So, my USC husband is sponsoring my Adjustment of Status. There are a couple issues I'm worried may cause problems in the Affidavit of Support portion:

1. He recently became unemployed when his company suddenly shutdown in mid-December of 2016. He's been sending out applications and getting call backs already. He will most likely get a job in a couple weeks, but he probably wouldn't get his first paycheck until about a month after that. Don't want to sit on this AOS application while waiting for his new job to come through. Would it be fine to just send the paperwork we have so far: Copies of bank statement; latest pay stubs from previous employer (last one received end of December/beginning of January); the proof of employment letter; and 2016 W2 and taxes (which he'll file shortly).

2. He doesn't have a W2 or tax forms for 2015 because he didn't work, mostly living off his savings and help from family/friends. What kind of tax form would he need to fill out - if any - for that year?

Much thanks for any help or advice!

[newacct]

Hello All ^_^

So, my USC husband is sponsoring my Adjustment of Status. There are a couple issues I'm worried may cause problems in the Affidavit of Support portion:

1. He recently became unemployed when his company suddenly shutdown in mid-December of 2016. He's been sending out applications and getting call backs already. He will most likely get a job in a couple weeks, but he probably wouldn't get his first paycheck until about a month after that. Don't want to sit on this AOS application while waiting for his new job to come through. Would it be fine to just send the paperwork we have so far: Copies of bank statement; latest pay stubs from previous employer (last one received end of December/beginning of January); the proof of employment letter; and 2016 W2 and taxes (which he'll file shortly).

2. He doesn't have a W2 or tax forms for 2015 because he didn't work, mostly living off his savings and help from family/friends. What kind of tax form would he need to fill out - if any - for that year?

Much thanks for any help or advice!

1. No. What matters is current (i.e. right this moment, when he signs the form) income. Not what he made in the last month or last year. And not what he plans to make in the future. If he is currently unemployed, his current income is 0, which is insufficient. He needs to wait until he has started his new job before he can have a current income, which will be the salary his new job. At that point, he will need pay stubs and maybe an employer letter from the new job to prove the current income. Alternately, he can use assets if he has sufficient assets, or you can find a joint sponsor.

2. The only legal reason to not file tax returns is if his income that year was below the threshold for filing. The thresholds for filing are found in the beginning of the relevant year's Form 1040 instructions, in a section called "Do You Have To File?". If he didn't file and he wasn't required to file because his income was below the threshold, then by the I-864 instructions, he attaches a statement stating what his income was that year and citing the year's threshold and stating that he wasn't required to file. He would put something like "N/A (did not file)" for the question that asks for the "total income" from that year's tax return, and he would check the box that says he did not file for one of the years and that he attached a statement.

[tra]

Thank you for your prompt reply, newacct and Ray B. Your advice is very helpful and most appreciated ^_^

1. No. What matters is current (i.e. right this moment, when he signs the form) income. Not what he made in the last month or last year. And not what he plans to make in the future. If he is currently unemployed, his current income is 0, which is insufficient. He needs to wait until he has started his new job before he can have a current income, which will be the salary his new job. At that point, he will need pay stubs and maybe an employer letter from the new job to prove the current income. Alternately, he can use assets if he has sufficient assets, or you can find a joint sponsor.

2. The only legal reason to not file tax returns is if his income that year was below the threshold for filing. The thresholds for filing are found in the beginning of the relevant year's Form 1040 instructions, in a section called "Do You Have To File?". If he didn't file and he wasn't required to file because his income was below the threshold, then by the I-864 instructions, he attaches a statement stating what his income was that year and citing the year's threshold and stating that he wasn't required to file. He would put something like "N/A (did not file)" for the question that asks for the "total income" from that year's tax return, and he would check the box that says he did not file for one of the years and that he attached a statement.

If your husband didn't have reported income during 2015, he does not and cannot have a credible tax return for 2015. Wait until he completes a 2016 income tax return before submitting the Adjustment f Status with sponsorship documents.

--Ray B