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1040 and W2 for green card through marriage
Anonymous5 views4 answers
My wife is US citizen,I came here on F1 visa but over stayed ,in 2011 she had surgery so didn't make enough money to sponsor me, in 2012 she made a little more than the poverty line,I tried with a couple of people to be "joint sponsor" they said its a lot of responsibly!
should i wait tell we file our taxes (my wife wants to file in April) and get the 1040 ? or apply right now ?How many years they ask for?
Unfortunately, someone is going to have to be a joint sponsor. The joint sponsor must be a citizen or legal permanent resident but does not have to be related to you.
How are you supporting yourselves if neither of you make enough money? Are you filing taxes jointly? If not, why not? The financials are not taken lightly and you need to have both a joint sponsor as well as an attorney to help you out to ensure a smooth application.
Dhenu Savla, Esq.
SwagatUSA, LLC
www.swagatusa.com/attorney
The poverty guideline is usually measured based on the most recent AGI of the Federal Tax return. It thus makes sense to file when you can establish eligibility in all respects. If you file without meeting the threshold, you'll get an RFE or a denial.
Your wife's income can be included for the affidavit of support but not yours unless you have employment authorization. You must submit 3 years tax returns, but only the most recent one needs to be within the poverty guidelines.
She has to make 125% of the poverty line. You should wait until you file the taxes, because what is shows in line 37 of the tax returns is what immigration is going to look at the time of determining her income. I agree with my colleague, should not file until your are certain she meets the required income.
