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Giskat09

How much shud be the POVERTY LINE? - he has 2 kids

By Giskat09 in IR-1 / CR-1 Spouse Visa Process & Procedures

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Giskat09 Proficient

Giskat09   2

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

I have a question, how much should be the poverty line of my husband for him to meet the requirements.

He has 2 kids but he is not married to the mothers... He only supports them in monthly basis.

HOW MUCH INCOME HE SHOULD HAVE? I talked to this lawyer from CALI and he told me that the income should be $21,200 per year - thats for 2 kids, me and my husband..

Do you think it is right?

I really have no idea about this stuffs...

Help me please.. thanks!

Kat

CITIZENSHIP 06-19-2013 Sent N400 Application (Chicago Lockbox)


06-21-2013 USCIS received my N400 application


06-25-2013 USCIS mailed the NOA1


06-28-2013 USCIS mailed the Biometrics appt


07-01-2013 Received NOA1 and Biometrics appt letter


​07-15-2013 Biometrics Appt.


08-27-2013 Interview/Test passed


10-07-2013 Oath taking


IR-5 MOM AND DAD


02-20-2014 mailed I-130 for my parents


02-24-2014 USCIS received the I-130 docs


03-17-2014 USCIS approved the petition (took 15 days, weekdays only)


03-25-2014 USCIS shipped the approved case to NVC


04-02-2014 NVC received the papers (6 days from the approval date)


05-01-2014 Got the 2 case numbers. (21 days)


05-07-2014 Got an email & paid the AOS fee (4 days); DS-261(Choice of Agent) sent


05-09-2014 AOS status "PAID" (2 days from the date the was paid)


05-22-2014 AOS docs delivered in NVC


06-27-2014 RFE for I864 and I864A (i left the Place of residence blank, 26 days from the date they received the AOS)


06-28-2014 Mailed the corrected forms to NVC


06-30-2014 NVC received the AOS corrected forms


07-01-2014 Received IV Bill Invoice, paid.


07-02-2014 PAID status of the mother


07-07-2014 PAID status of the father


07-08-2014 Mailed the supporting docs


07-10-2014 Supporting docs arrived at NVC


07-11-2014 Submitted DS260 of mother


07-13-2014 Submitted DS260 of father


09-04-2014 Called NVC and the lady said CASE COMPLETE! (136 days total from the day they received the I-130)


09-11-2014 Received an email regarding the Interview (5 days from the day the case was completed)


09-15-2014 Status "In Transit" inCEAC


09-16-2014 Status "Ready" CEAC


10-03-2014 Interview/AP/USEM (no record of their medical,DAD needs to get an NBI explanation letter&new NBI clearance with his "aka"


10-8-2014 Mom called St Lukes and asked about the medical results, they said they submitted it already back in June


10-10-2014 Mom mailed the NBI Clearance of my dad


10-14-2014 NBI clearance delivered in USEM


10-06-2014 Visa Issued CEAC


10-09-2014 Got an email that my dad's visa was issued


10-14-2014 Visa delivered 11-29-2014 POE


12-08-2014 SS Card arrived

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YuAndDan Grand Master

YuAndDan   153

Posted
Filed: Citizen (apr) Country: China
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Posted

He counts the children is he claims them on his tax returns.

You can look up the povertyline here: http://www.uscis.gov/files/form/I-864P.pdf For most consulates the 125% is the line they use for K-Visas.

$26,500 is the line for a family of 4 at 125%

This is gross income BEFORE tax, and deductions, NOT take home pay.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Giskat09 Proficient

Giskat09   2

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
  • Author
Posted

Sir, his two kids is not living with him since birth... he dont even get his tax return of his 2 kids.. the kids doesnt bring the name of my husband too...

does it count still sir?

CITIZENSHIP 06-19-2013 Sent N400 Application (Chicago Lockbox)


06-21-2013 USCIS received my N400 application


06-25-2013 USCIS mailed the NOA1


06-28-2013 USCIS mailed the Biometrics appt


07-01-2013 Received NOA1 and Biometrics appt letter


​07-15-2013 Biometrics Appt.


08-27-2013 Interview/Test passed


10-07-2013 Oath taking


IR-5 MOM AND DAD


02-20-2014 mailed I-130 for my parents


02-24-2014 USCIS received the I-130 docs


03-17-2014 USCIS approved the petition (took 15 days, weekdays only)


03-25-2014 USCIS shipped the approved case to NVC


04-02-2014 NVC received the papers (6 days from the approval date)


05-01-2014 Got the 2 case numbers. (21 days)


05-07-2014 Got an email & paid the AOS fee (4 days); DS-261(Choice of Agent) sent


05-09-2014 AOS status "PAID" (2 days from the date the was paid)


05-22-2014 AOS docs delivered in NVC


06-27-2014 RFE for I864 and I864A (i left the Place of residence blank, 26 days from the date they received the AOS)


06-28-2014 Mailed the corrected forms to NVC


06-30-2014 NVC received the AOS corrected forms


07-01-2014 Received IV Bill Invoice, paid.


07-02-2014 PAID status of the mother


07-07-2014 PAID status of the father


07-08-2014 Mailed the supporting docs


07-10-2014 Supporting docs arrived at NVC


07-11-2014 Submitted DS260 of mother


07-13-2014 Submitted DS260 of father


09-04-2014 Called NVC and the lady said CASE COMPLETE! (136 days total from the day they received the I-130)


09-11-2014 Received an email regarding the Interview (5 days from the day the case was completed)


09-15-2014 Status "In Transit" inCEAC


09-16-2014 Status "Ready" CEAC


10-03-2014 Interview/AP/USEM (no record of their medical,DAD needs to get an NBI explanation letter&new NBI clearance with his "aka"


10-8-2014 Mom called St Lukes and asked about the medical results, they said they submitted it already back in June


10-10-2014 Mom mailed the NBI Clearance of my dad


10-14-2014 NBI clearance delivered in USEM


10-06-2014 Visa Issued CEAC


10-09-2014 Got an email that my dad's visa was issued


10-14-2014 Visa delivered 11-29-2014 POE


12-08-2014 SS Card arrived

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pushbrk Grand Master

pushbrk   12,603

Posted
Filed: Other Country: China
 Timeline
Posted (edited)
Sir, his two kids is not living with him since birth... he dont even get his tax return of his 2 kids.. the kids doesnt bring the name of my husband too...

does it count still sir?

The issue isn't where they live. It's whether he is legally responsible for their support. It doesn't matter whether he claims them on his tax return either. Commonly the custodial parent claims the children on their return.

I think the attorney is correct but one could make a case for ignoring the children and using a household of 2.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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YuAndDan Grand Master

YuAndDan   153

Posted
Filed: Citizen (apr) Country: China
 Timeline
Posted
Sir, his two kids is not living with him since birth... he dont even get his tax return of his 2 kids.. the kids doesnt bring the name of my husband too...

does it count still sir?

Typically in this case he is supporting them, but they are not considered to be members of his home, so do not need to count them on the affidavit of support. The number on I-134 will be 2, for the petitioner and beneficiary.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Giskat09 Proficient

Giskat09   2

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
  • Author
Posted

UHM... SO WHO IS RIGHT??? im confuse...

DOES HE NEED TO COUNT HIS KIDS EVEN THEY DONT LIVE WITH HIM SINCE BIRTH BUT HE SUPPORTS THEM...

I HOPE ITS NOT SINCE HE DIDNT CLAIM HIS 2 KIDS IN HIS TAX RETURN....

CITIZENSHIP 06-19-2013 Sent N400 Application (Chicago Lockbox)


06-21-2013 USCIS received my N400 application


06-25-2013 USCIS mailed the NOA1


06-28-2013 USCIS mailed the Biometrics appt


07-01-2013 Received NOA1 and Biometrics appt letter


​07-15-2013 Biometrics Appt.


08-27-2013 Interview/Test passed


10-07-2013 Oath taking


IR-5 MOM AND DAD


02-20-2014 mailed I-130 for my parents


02-24-2014 USCIS received the I-130 docs


03-17-2014 USCIS approved the petition (took 15 days, weekdays only)


03-25-2014 USCIS shipped the approved case to NVC


04-02-2014 NVC received the papers (6 days from the approval date)


05-01-2014 Got the 2 case numbers. (21 days)


05-07-2014 Got an email & paid the AOS fee (4 days); DS-261(Choice of Agent) sent


05-09-2014 AOS status "PAID" (2 days from the date the was paid)


05-22-2014 AOS docs delivered in NVC


06-27-2014 RFE for I864 and I864A (i left the Place of residence blank, 26 days from the date they received the AOS)


06-28-2014 Mailed the corrected forms to NVC


06-30-2014 NVC received the AOS corrected forms


07-01-2014 Received IV Bill Invoice, paid.


07-02-2014 PAID status of the mother


07-07-2014 PAID status of the father


07-08-2014 Mailed the supporting docs


07-10-2014 Supporting docs arrived at NVC


07-11-2014 Submitted DS260 of mother


07-13-2014 Submitted DS260 of father


09-04-2014 Called NVC and the lady said CASE COMPLETE! (136 days total from the day they received the I-130)


09-11-2014 Received an email regarding the Interview (5 days from the day the case was completed)


09-15-2014 Status "In Transit" inCEAC


09-16-2014 Status "Ready" CEAC


10-03-2014 Interview/AP/USEM (no record of their medical,DAD needs to get an NBI explanation letter&new NBI clearance with his "aka"


10-8-2014 Mom called St Lukes and asked about the medical results, they said they submitted it already back in June


10-10-2014 Mom mailed the NBI Clearance of my dad


10-14-2014 NBI clearance delivered in USEM


10-06-2014 Visa Issued CEAC


10-09-2014 Got an email that my dad's visa was issued


10-14-2014 Visa delivered 11-29-2014 POE


12-08-2014 SS Card arrived

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YuAndDan Grand Master

YuAndDan   153

Posted
Filed: Citizen (apr) Country: China
 Timeline
Posted
UHM... SO WHO IS RIGHT??? im confuse...

DOES HE NEED TO COUNT HIS KIDS EVEN THEY DONT LIVE WITH HIM SINCE BIRTH BUT HE SUPPORTS THEM...

I HOPE ITS NOT SINCE HE DIDNT CLAIM HIS 2 KIDS IN HIS TAX RETURN....

This is one of those grey areas, it can be 2 or it can be 4.

The question is is the petitioner's income above the line for 4? If so, I would count 4 and not worry about it.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Nutty Proficient

Nutty   2

Posted
Filed: IR-1/CR-1 Visa Country: Iran
 Timeline
Posted

If your husband listed his children as DEPENDENTS on his income tax return then he has to list them as HOUSEHOLD MEMBERS on the Affidavit of Support.

So, the lawyer is California is right about the number of people in HOUSEHOLD is 4.

Your husband/petitioner (1), his children/dependents claimed on tax (2 and 3), and you (4).

I have a question, how much should be the poverty line of my husband for him to meet the requirements.

He has 2 kids but he is not married to the mothers... He only supports them in monthly basis.

HOW MUCH INCOME HE SHOULD HAVE? I talked to this lawyer from CALI and he told me that the income should be $21,200 per year - thats for 2 kids, me and my husband..

Do you think it is right?

I really have no idea about this stuffs...

Help me please.. thanks!

Kat

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pushbrk Grand Master

pushbrk   12,603

Posted
Filed: Other Country: China
 Timeline
Posted

Except he didn't list his children on his tax return, so the number can be 2. :lol:

If your husband listed his children as DEPENDENTS on his income tax return then he has to list them as HOUSEHOLD MEMBERS on the Affidavit of Support.

So, the lawyer is California is right about the number of people in HOUSEHOLD is 4.

Your husband/petitioner (1), his children/dependents claimed on tax (2 and 3), and you (4).

I have a question, how much should be the poverty line of my husband for him to meet the requirements.

He has 2 kids but he is not married to the mothers... He only supports them in monthly basis.

HOW MUCH INCOME HE SHOULD HAVE? I talked to this lawyer from CALI and he told me that the income should be $21,200 per year - thats for 2 kids, me and my husband..

Do you think it is right?

I really have no idea about this stuffs...

Help me please.. thanks!

Kat

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Giskat09 Proficient

Giskat09   2

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
  • Author
Posted

i dont know what is right and wrong here..

:help:

CITIZENSHIP 06-19-2013 Sent N400 Application (Chicago Lockbox)


06-21-2013 USCIS received my N400 application


06-25-2013 USCIS mailed the NOA1


06-28-2013 USCIS mailed the Biometrics appt


07-01-2013 Received NOA1 and Biometrics appt letter


​07-15-2013 Biometrics Appt.


08-27-2013 Interview/Test passed


10-07-2013 Oath taking


IR-5 MOM AND DAD


02-20-2014 mailed I-130 for my parents


02-24-2014 USCIS received the I-130 docs


03-17-2014 USCIS approved the petition (took 15 days, weekdays only)


03-25-2014 USCIS shipped the approved case to NVC


04-02-2014 NVC received the papers (6 days from the approval date)


05-01-2014 Got the 2 case numbers. (21 days)


05-07-2014 Got an email & paid the AOS fee (4 days); DS-261(Choice of Agent) sent


05-09-2014 AOS status "PAID" (2 days from the date the was paid)


05-22-2014 AOS docs delivered in NVC


06-27-2014 RFE for I864 and I864A (i left the Place of residence blank, 26 days from the date they received the AOS)


06-28-2014 Mailed the corrected forms to NVC


06-30-2014 NVC received the AOS corrected forms


07-01-2014 Received IV Bill Invoice, paid.


07-02-2014 PAID status of the mother


07-07-2014 PAID status of the father


07-08-2014 Mailed the supporting docs


07-10-2014 Supporting docs arrived at NVC


07-11-2014 Submitted DS260 of mother


07-13-2014 Submitted DS260 of father


09-04-2014 Called NVC and the lady said CASE COMPLETE! (136 days total from the day they received the I-130)


09-11-2014 Received an email regarding the Interview (5 days from the day the case was completed)


09-15-2014 Status "In Transit" inCEAC


09-16-2014 Status "Ready" CEAC


10-03-2014 Interview/AP/USEM (no record of their medical,DAD needs to get an NBI explanation letter&new NBI clearance with his "aka"


10-8-2014 Mom called St Lukes and asked about the medical results, they said they submitted it already back in June


10-10-2014 Mom mailed the NBI Clearance of my dad


10-14-2014 NBI clearance delivered in USEM


10-06-2014 Visa Issued CEAC


10-09-2014 Got an email that my dad's visa was issued


10-14-2014 Visa delivered 11-29-2014 POE


12-08-2014 SS Card arrived

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LadyJane Community Regular

LadyJane   1

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

I would be more conservative here and say "4". The embassy may decide, during the interview, that the household is 4-even though his children do not live with him and he doesn't claim them on his tax returns. He is still financially obligated to them and that may matter more. The embassy has the right to "raise the bar" in terms of financial, security check and/or proof of relationship evidence. I'd suggest to be prepared for a higher household number just in case!

CR1 application

I-130: 03/26/2007-07/02/2007 at NSC

NVC: 07/20/2007-11/08/2007

Interview at Montreal Consulate: 01/18/2008

(2 months' additional security checks)

Received Green Card: 05/12/2008

Removal of Conditions

I-751: 2/25/10-

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Nutty Proficient

Nutty   2

Posted
Filed: IR-1/CR-1 Visa Country: Iran
 Timeline
Posted

I agree with Lady Jane on this...

The Embassy can "raise the bar" and ask for more when they want to.

For example, my case was approved at the USCIS and NVC. But when it got to the Consulate, the officer wanted us to provide a joint sponsor. Despite the fact I am working and making over the povery limit. The reason given for the request ofa Joint Sponsor...I did not work for 2006.

In the end, the Embassy official is the last person to approve or deny a case.

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