I-485 Filinig & I-864

[Kenneth107 0]

Going through the list of required documents to file with the I-485, I seen that an I-864 is needed. We did a K-1 Visa and I filed an I-134 Affidavit of Support in Manila. The income was sufficient for meeting the 100% of Federal Poverty Guidelines . . . plus a little more; however, I see that the I-864 requires 125% of Federal Poverty Guidelines. I know as a fact that I do fall short of meeting these guidelines. Has anyone else here came across this situation?

Since I have more than met the 100% of poverty guidelines when I submitted the I-134 in Manila and the fact that her visa was approved and we will be married before submitting this I-485 and I-864 along with the other documentation, does anyone foresee a problem with this? Say for example, could the I-485 be denied because of falling short of the 125%? I guess you could say that I fall in the middle. . .maybe at 112.5% LoL! Thanks in advance! To me, it wouldn't make any sense to approve a visa in Manila when they know that the person would need more income about 90 days later. . . and base it on the same tax year, 2007.

[pushbrk 13,116]

Going through the list of required documents to file with the I-485, I seen that an I-864 is needed. We did a K-1 Visa and I filed an I-134 Affidavit of Support in Manila. The income was sufficient for meeting the 100% of Federal Poverty Guidelines . . . plus a little more; however, I see that the I-864 requires 125% of Federal Poverty Guidelines. I know as a fact that I do fall short of meeting these guidelines. Has anyone else here came across this situation?

Since I have more than met the 100% of poverty guidelines when I submitted the I-134 in Manila and the fact that her visa was approved and we will be married before submitting this I-485 and I-864 along with the other documentation, does anyone foresee a problem with this? Say for example, could the I-485 be denied because of falling short of the 125%? I guess you could say that I fall in the middle. . .maybe at 112.5% LoL! Thanks in advance! To me, it wouldn't make any sense to approve a visa in Manila when they know that the person would need more income about 90 days later. . . and base it on the same tax year, 2007.

You'll need a joint sponsor who qualifies for the number in their household plus your spouse. Yes, they will deny for insufficient sponsor qualifications.

[Kenneth107 0]

Thank you for the reply to my post. I have another question regarding this matter: if denied on the I-485, and in my case, would the spouse have to return to the Philippines or are there other legal steps that could be taken?

Thank you!

[RaTBoX 1]

Thank you for the reply to my post. I have another question regarding this matter: if denied on the I-485, and in my case, would the spouse have to return to the Philippines or are there other legal steps that could be taken?

Thank you!

If your AoS application is denied, USCIS will start deportation proceeding against you. You have the right to appeal this denial (you don't need to be in the country to appeal so they could still deport you). If your appeal is denied, you have the right to request an immigration judge review the appeal.

[alienlovechild 75]

I haven't submitted my Affidavit of Support yet (will soon) but wouldn't it help if you could get a second part-time job to make up the 12.5% income increase you need? It won't change your last income tax return but a letter from a second employer should help.