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  1. #1
    Join Date
    Feb 2010
    Posts
    11

    Default Can the USCIS Look at Past Income When Reviewing an Affidavit of Support

    1. USCIS wants the last 3 years of tax papers. 3 years ago, I was BENEATH the threshhold, but as of this year's taxes, I am. Are they looking at the LAST year's annual income or did I have to be ABOVE the threshhold all 3 years?

    2. As I live in New York, when I did my taxes for 2014, I initially filed for FOUR dependents (my children) and myself for a total household of 5 people. About a month later, I was advised to file for my grandson so there was a amended return filed now showing a household total of 6. According to poverty guidelines for NY, I need to be above $40,000 for a household of 6 to meet the UCIS standard and I am as of 2014 tax return. Now, IF I add my wife to the mix (bringing the household size to 7), I will be UNDER by $2,000 and would need a co-sponser which I would love to AVOID.

    Here is the current situation and my questions:

    1. My eldest child has moved on to another state to live on his own SINCE the summer of 2014. I included him in my filing because he was with me for half of 2014, but he will not be in the household for 2015 or when my wife gets here so the household is REALLY 5 currently. Next year, two of my daughters are graduating from High School and are looking to head off to college so the household will be reduced by 2 more AND, AND one daughter will be taking her child with her. That leaves me with ONE child, myself and my incoming wife. So, based on my filing, there are SIX (not including my wife, but including my son who is NO longer living with me) in the household, but ALL of that will change in the upcoming year, but what I really want to ask is, since I filed for my grandson at a LATER date and he is NOT on my initial (original) tax forms, my household size on those original tax forms show a total of FIVE in the household as of 2014. If I add my wife, I would STILL be above the line. The problem would be if I include my grandson who is ONLY visible on the AMENDED tax return that was done at a later date. Should I or can I withhold THAT amended tax return and just send in original one I filed for 2014 along with 2013's and 2012's? The grandson was born in 2014.

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Can the USCIS Look at Past Income When Reviewing an Affidavit of Support

    NEVER LIE TO US IMMIGRATION. The fact that you have stated on a public forum that you would consider not disclosing your actual return demonstrates very serious issues. You need to enlist the services of an attorney to assist in your filings.

    You need to also speak with a tax professional. College students are considered "dependent" for financial aid unless they meet very specific conditions. Did you accurately claim your eldest as a dependent?

    If you do not want to get a cosponsor, you will need to wait until you meet the income requirements.

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