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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12051
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My fiancee, now wife, received her approved K1 Visa in

Customer Question

My fiancee, now wife, received her approved K1 Visa in October of last year. My wife entered the USA with her K1 Fiancee Visa on November 18th, 2015. We got married on December 2, 2015.
Her visa expires on February 15, which means that we need to send USCIS the Adjustment of Status forms pronto.
We are preparing the forms, but my concern is with I-864 (Affidavit of Support). It requires that I send my most current IRS Transcript and if my income does not meet the 125% poverty guidelines, then I would potentially need a sponsor. I do not have any assets, except for a couple grand in my bank account. So I would not be able to qualify with additional assets.
My income reported on my IRS Transcript for year 2014 is significantly lower than the 125% poverty guidelines demand.
However, that is due to the fact that I worked as a full-time volunteer in England this past year (that is how I met my wife). And the previous years I have been a full-time student in college.
Since March of this past year, I have had two jobs. Both of which were part time. But the total combined projected yearly salary was well above the poverty guidelines (and I earned as much over the course of this year). My IRS transcript for 2015, which includes my income from both jobs I have been working, will not be available in time to send to USCIS before her K1 visa expires.
I have quit one of my jobs but recently started a new second job (as of January 1). Now I am once again working two part-time jobs, which give me a projected combined yearly salary well above the 125% poverty guidelines.
Is it enough to send an employment letter from both of my employers stating my projected salary for this year AND send a statement from my bank accounting for the deposits I have made this year (which is well above the 125% poverty guidelines) AND a years worth of pay stubs from my part time job I started in March of last year (which I am presently working)?
I will not receive a pay stub for my new second job until the beginning of next month, which means that I can only send in a letter of employment verification and salary from that job.
Is this enough to satisfy immigration officials for the Affidavit of Support? Or will I need to get a sponsor?
Thank You!
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello! Thank you for using Just Answer. My name is***** will be assisting you. Please view this as a casual conversation. We will chat back and forth until I have all of the necessary information I need to give you a thorough answer.

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ANSWER: Yes, this should be fine. What they are looking for is evidence that you have sufficient financial ability to support your spouse's immigraiton to the US.You can do that with proof of income and assets. Usually, the tax return or transcripts are the best way to accomplish that. But you are not limited by that.

You should submit the I-864, with an explanation about why you weren't required to file a return. If you did submit a return, send in the transcript anyway, because it is requested. Then provide evidence of your income for 2015 up through the date of submission of the I-864. That could be in the form of pay stubs, W-2s, employment letters, etc. The more you provide, the better it will be in the end. Finally, give an explanation of why you did so in a cover letter for the I-864.

That should take care of it.

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Expert:  Expert James replied 1 year ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

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