Poverty Guidelines

[Scafidi454 22]

I'm writing to find out if only slightly exceeding (by about 8k per year) the poverty guidelines is anything to worry about for a denial of a K-1 visa? I made only about 8k more than the 125% guidelines for a household of 2 from my job last year, but I have a certified deposit record from one of my banks showing about 20k more, and I have other assets valued at about 10k.

Should I worry about anything there?

Also, I know that the affidavit of support documents aren't really needed unless the embassy requires them at the interview; I have already collected and sent these documents, because of the time required to do so.

I only ask b/c my fiancee told me that she heard of one woman getting denied b/c her fiance only make about 24k. However, she didn't know whether or not either of them had children...

[JimVaPhuong 4,863]

I'm writing to find out if only slightly exceeding (by about 8k per year) the poverty guidelines is anything to worry about for a denial of a K-1 visa? I made only about 8k more than the 125% guidelines for a household of 2 from my job last year, but I have a certified deposit record from one of my banks showing about 20k more, and I have other assets valued at about 10k.

Should I worry about anything there?

Also, I know that the affidavit of support documents aren't really needed unless the embassy requires them at the interview; I have already collected and sent these documents, because of the time required to do so.

I only ask b/c my fiancee told me that she heard of one woman getting denied b/c her fiance only make about 24k. However, she didn't know whether or not either of them had children...

If you clear the minimum by 8K then you've cleared it by a comfortable margin. Don't worry about it.

[Hank_ 9,174]

I'm writing to find out if only slightly exceeding (by about 8k per year) the poverty guidelines is anything to worry about for a denial of a K-1 visa? I made only about 8k more than the 125% guidelines for a household of 2 from my job last year, but I have a certified deposit record from one of my banks showing about 20k more, and I have other assets valued at about 10k.

Should I worry about anything there?

Also, I know that the affidavit of support documents aren't really needed unless the embassy requires them at the interview; I have already collected and sent these documents, because of the time required to do so.

I only ask b/c my fiancee told me that she heard of one woman getting denied b/c her fiance only make about 24k. However, she didn't know whether or not either of them had children...

The guidelines are the requirement, exceeding them is not a requirement... you are just fine.

[Scafidi454 22]

I thought so. I'm just worried that the consulate will only go by my work income and not by the total amount of deposits that were certified by the bank. However, my income from work still exceeds by about 7 - 8k

Edited March 20, 2012 by Scafidi454

[baron555 934]

I thought so. I'm just worried that the consulate will only go by my work income and not by the total amount of deposits that were certified by the bank. However, my income from work still exceeds by about 7 - 8k

You are fine. What proof of income are you sending? Letter from employer? IRS tax transcripts?

[Scafidi454 22]

You are fine. What proof of income are you sending? Letter from employer? IRS tax transcripts?

Letter from employer, tax transcripts from 2010 and 2011, income statement from employer (W-9), certified record of deposits on my main checking and savings accounts, statement from another bank about a savings account I have, property assessment records for some property I have, and I think that's about it.

[C'est Luc 0]

I recently received my NOA2! And I have a few questions regarding what's acceptable for finances covering 125% of the poverty line. I have not lived in the States for the last three years therefore do not have any recent tax returns to show. I can show my 2009 tax return but I don't know if that would be too old. I also have savings but they are all overseas. Basically all my finances are not in the US. I have a total savings of $20,000. I also have a tax return I will be collecting from the Australian government which is where I am currently living with my fiance and where we are petitioning. My tax return will total to $8,000. Aside from that my fiance also has finances in Brazil, where he is from. For example, he owns a house. Could that be used as well??? I read somewhere that only a percentage of the beneficiary's finance are credited to the 125% of the US poverty line requirement, so it might be more trouble than it's worth. I'm hoping my finances would be enough!

Furthermore, I am in the process of interviewing with my previous employer in the US but have not been offered the job as of yet. Therefore, I would not be able to get a letter of employment anytime soon. Would that be a problem?

Any information would be greatly appreciated. Thanks in advance!

[Scafidi454 22]

Just lookup the poverty guidelines. Any negative difference in income can be substantiated by assets.

[C'est Luc 0]

Just lookup the poverty guidelines. Any negative difference in income can be substantiated by assets.

But I also read that assets cover only a percentage of the poverty guidelines. Is this true?

[KayDeeCee 4,893]

But I also read that assets cover only a percentage of the poverty guidelines. Is this true?

When using assets, you will need 3 times the amount you are short of the 125% requirement.

[C'est Luc 0]

When using assets, you will need 3 times the amount you are short of the 125% requirement.

Can the assets be outside the States? Or they can only be within the States?

[LeftCoastLady 441]

I recently received my NOA2! And I have a few questions regarding what's acceptable for finances covering 125% of the poverty line. I have not lived in the States for the last three years therefore do not have any recent tax returns to show. I can show my 2009 tax return but I don't know if that would be too old. I also have savings but they are all overseas. Basically all my finances are not in the US. I have a total savings of $20,000. I also have a tax return I will be collecting from the Australian government which is where I am currently living with my fiance and where we are petitioning. My tax return will total to $8,000. Aside from that my fiance also has finances in Brazil, where he is from. For example, he owns a house. Could that be used as well??? I read somewhere that only a percentage of the beneficiary's finance are credited to the 125% of the US poverty line requirement, so it might be more trouble than it's worth. I'm hoping my finances would be enough!

Furthermore, I am in the process of interviewing with my previous employer in the US but have not been offered the job as of yet. Therefore, I would not be able to get a letter of employment anytime soon. Would that be a problem?

Any information would be greatly appreciated. Thanks in advance!

Is there a reason you haven't filed an income tax return in the U.S. while you were living in Australia? As a USC, you're still required to file if you make the more than the standard deduction amount, even if you don't owe any taxes. See more here: http://www.irs.gov/newsroom/article/0,,id=250788,00.html

[baron555 934]

Letter from employer, tax transcripts from 2010 and 2011, income statement from employer (W-9), certified record of deposits on my main checking and savings accounts, statement from another bank about a savings account I have, property assessment records for some property I have, and I think that's about it.

I personally only used my income since that is way over the guidelines. As long as it is $1 more than listed, for your new household size, you are good to go. This is very clear cut.

[C'est Luc 0]

Is there a reason you haven't filed an income tax return in the U.S. while you were living in Australia? As a USC, you're still required to file if you make the more than the standard deduction amount, even if you don't owe any taxes. See more here: http://www.irs.gov/newsroom/article/0,,id=250788,00.html

Thanks for the information. I have not filed my income in Australia yet since this would be for 2011 fiscal year which has not ended and plan to work when I return in a few weeks. For the others years, I didn't make much and was traveling most of the time so there was no need to file my taxes.

This is all very confusing to me. Anyway, If I show I have $20,000 in assets and a co-sponsor, do you think that would suffice for 125% of the US poverty guidelines?

[KayDeeCee 4,893]

Thanks for the information. I have not filed my income in Australia yet since this would be for 2011 fiscal year which has not ended and plan to work when I return in a few weeks. For the others years, I didn't make much and was traveling most of the time so there was no need to file my taxes.

This is all very confusing to me. Anyway, If I show I have $20,000 in assets and a co-sponsor, do you think that would suffice for 125% of the US poverty guidelines?

If you use a co-sponsor it is no problem. The co-sponsor will have to be able to cover the entire 125% for their household size plus the beneficiary.