Income requirement for CR1/IR1 ?!!

[USMC78 0]

Hello everyone,

I want to help a friend of mine who needs to sponsor his wife from Vietnam. I'm not sure if his current financial situation would be adequate as far as affidavit of support is concerned, so any advice or suggestion is appreciated.

My friend was laid off 3 years ago so he got the time to travel to Vietnam where he met his love then decided to get married there. He lived there for almost 2 years then realized it would be better to raise their kids in the US. So, he came back to the states and joined the military in July of last year. Said that he had just sent in the CR1 package (with military expedite request) about 3 months ago and yet still waiting for USCIS approval.

His concern is that even though with a 30k+ annual salary, his last year's income on IRS transcript shows only 16k+ (his job started in mid-year) which is a little below requirement. Will he meet NVC's standards for form I-864 and/or HCMC consulate's form I-134 since he can prove his job stability in the years to come ? Assuming he will make it back from deployments in one piece ;p

Or should he postpone his CR1 process till next year for purpose of proving sufficient income requirement ?!!

[Dakine 26]

Hello everyone,

I want to help a friend of mine who needs to sponsor his wife from Vietnam. I'm not sure if his current financial situation would be adequate as far as affidavit of support is concerned, so any advice or suggestion is appreciated.

My friend was laid off 3 years ago so he got the time to travel to Vietnam where he met his love then decided to get married there. He lived there for almost 2 years then realized it would be better to raise their kids in the US. So, he came back to the states and joined the military in July of last year. Said that he had just sent in the CR1 package (with military expedite request) about 3 months ago and yet still waiting for USCIS approval.

His concern is that even though with a 30k+ annual salary, his last year's income on IRS transcript shows only 16k+ (his job started in mid-year) which is a little below requirement. Will he meet NVC's standards for form I-864 and/or HCMC consulate's form I-134 since he can prove his job stability in the years to come ? Assuming he will make it back from deployments in one piece ;p

Or should he postpone his CR1 process till next year for purpose of proving sufficient income requirement ?!!

How many people does he support?

[USMC78 0]

Haole,

Just his wife and he has no other dependents... yet...?!

[USMC78 0]

Also, he got a professional advice that his case should be fine.

Just needs to confirm it from someone who has succeeded with similar situation, specifically from HCMC consulate.

[hieumin 2]

If this year's income over poverty line %125 ($17.5K) then he is fine. HCMC looks into your current job as proof of stable support.

[Anh map 2,098]

I agree. A current military salary is pretty solid.

[hniHnitsuJ 8]

since he applies for CR-1, can he get co-sponsor?

[Anh map 2,098]

since he applies for CR-1, can he get co-sponsor?

OP doesn't need a co-sponsor. Income is enough for 100% as military personnel.

[USMC78 0]

anhMap,

Thanks for the input !! You are correct according to this >>>>

1. On January 23, 2009, the Department of Health and Human Services (HHS) published its annual update of the Poverty Guidelines, taking into account the last calendar year's increase in prices as measured by the Consumer Price Index. Posts should begin using these new guidelines in calculating levels of income and assets that immigrant visa petitioners and joint sponsors must demonstrate on Forms I-864 or Forms I-864EZ Affidavit of Support submitted on or after March 1, 2009. In cases in which the sponsor filed the Form I-864 prior to March 1, use guidelines that were in effect at the time of submission.

2. 2009 Poverty Guidelines for the 48 Contiguous States and the District of Columbia:

Size of Family Unit........Poverty Guidelines.......125% of Poverty Guidelines

1..............................$10,830.....................$13,538

2...............................14,570.....................18,213

3...............................18,310.......................22,888

4...............................22,050.......................27,563

5...............................25,790.......................32,238

6...............................29,530.......................36,913

7...............................33,270.......................41,588

8...............................37,010.......................46,263

Add $4,300 for each additional family member to meet the poverty guidelines; $5,375 to meet 125 percent of the poverty guidelines.

5. When processing immigrant visa cases subject to the Affidavit of Support (I-864) requirement under INA 212(a)(4)©, posts must use the figures in the column on the right side (125 percent of poverty guidelines) as the minimum income that a petitioner and/or a joint sponsor must demonstrate, or the column on the left (100 percent) for an active member of the U.S. Armed Forces sponsoring his or her spouse or children.

Meaning that he has met the minimum for the year filed. Still, I told him to proceed cautiously because HCMC consulate has been known to deny cases with borderline income requirement.

[Anh map 2,098]

The 16K for half of 2008 won't be an issue. They focus on current income. He's got plenty of annualized income.