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Meeting Support requirements


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Hello,

 

I have a few questions regarding the avidavit of support. What are the requirements that have to be met to show one can support their SO?

I have a situation where I was injured on the job almost three years ago, I have been recieving money from labor and Industries along with my pension. The problem is on my last two tax returns the money I recieved from Labor and Industries did not have to be reported since it was tax free. So the only income I show is $22,000. I will be going back to work hopefully in October about two or three months before I should have to fill out the I-134, but I am worried that since I havent had an income that shows on my tax return or for that matter a job with an employer they may hold that against me. It would also be very difficult for me to get a co-sponser, so I am just trying to figure out what is the minimum requirement I need and whether or not I can make it. This is the only thing I can see that would hold my wife from being able to come here so it worries me a bit. One last thing, my income when I was able to work and when I return to work was well over meeting the requirement I am sure. Its just I have a two year period that I have been in nomans land. Thanks for any advice anyone can give me.

 

Rick

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Guest pushbrk
Hello,

 

I have a few questions regarding the avidavit of support. What are the requirements that have to be met to show one can support their SO?

I have a situation where I was injured on the job almost three years ago, I have been recieving money from labor and Industries along with my pension. The problem is on my last two tax returns the money I recieved from Labor and Industries did not have to be reported since it was tax free. So the only income I show is $22,000. I will be going back to work hopefully in October about two or three months before I should have to fill out the I-134, but I am worried that since I havent had an income that shows on my tax return or for that matter a job with an employer they may hold that against me. It would also be very difficult for me to get a co-sponser, so I am just trying to figure out what is the minimum requirement I need and whether or not I can make it. This is the only thing I can see that would hold my wife from being able to come here so it worries me a bit. One last thing, my income when I was able to work and when I return to work was well over meeting the requirement I am sure. Its just I have a two year period that I have been in nomans land. Thanks for any advice anyone can give me.

 

Rick

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It's not clear to me whether the $22,000 is for tax year 2005, but assuming it is, it would be a good thing.

 

If you look at the I-134, you'll notice the only place you put a number for income is after the statement "I derive an annual income of" $.

 

Your current salary is appropriate to put in that box. If you go to work in October, then you have an annual salary of X. If it's hourly, then you can project the hourly income for 12 months. As long as that amount is over the minimum, you qualify. I would also get an employer letter signed by your employer, stating date of hire, rate of pay and (if possible) whether the job is considered "permanent".

 

Then submit three year's tax returns. If needed, add an explanation with documentation, such as L&I paperwork and statement of payments, to support your explanation.

 

Don't worry. Based on your circumstances, you qualify easily if you return to work. Provided your L&I continues, you also qualify, even if you don't return to work. L&I is documented income, even if not taxable.

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you mentioned I-134... this assumes you only pursue the K3. If you pursue the CR1 at NVC, you'll need to do an I-864.

 

the important issue is to show that you have sustainable income; income that you can demonstrate as continuing into the future in a consistent manner.

 

I would include an employer letter as part. I would think that by the time of your interview, you'll have established some months of income and can show that consistently via paychecks if needed; for your needs for NVC, maybe you have not established as much consistency by that point, but that's immaterial; NVC does not deal with approving the public charge issue, they'll accept the I-864 and the interview will be the time for review of the finances. You'll only need one year of taxes; include more if you think it helps your case.

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Thanks,

 

Yes I was just looking at the requirements of the I-134 but I know the I-864 is about the same. Well I am a little less worried now.

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