Poverty Guidelines-Gross income & flex spending?

[Jewel-8 21]

I've been dealing with relatively minor (painful and inconvenient but not life threatening) medical issues and recently spent $15,000 on medical expenses including a surgery that my insurance wouldn't cover. Because I knew about this last December I was able to elect to have A LOT of money put into my medical flex spending account.

This means I have a lot being diverted to medical FSA, daycare FSA, medical, dental, and vision insurance which was all taken before taxes. My employer also takes out money for auto and home owner's insurance, etc etc etc.... IT'S MAKING ME WORRY ABOUT IF THE GOVERNMENT WILL ALLOW ME TO SUPPORT MY FIANCE!!!!!!!!!!

I've had a bit of bad luck getting these things taken care of but after this last surgery I am doing better than ever and have no more surgeries planned!!!

Although I make a decent hourly rate, because I will have taken quite a bit of unpaid leave this year and have a heart-stopping amount deducted from each payment according to ADP statements I will only have federal taxable wages of maybe $21,600. EEEEEEK!!! Since I have a dependent child I have to have $22,887 as income??

I can prove I have a bit of equity in my home, as long as the economy doesn't sink any lower. I have heard that they will sometimes apply your assets to the deficiency. Does anyone have experience with the calculation of ability to support?

If we get approved and interview in 2009 they will see my paycheck stubs with more than enough gross, but low take-home and federal taxable. If we get approved in 2010 they will see a frightening lower income tax return. What are some steps I should be taking now? My fiance will interview at the London consulant. What agencies will be looking at my income and at which point in the process?

[Anh map 2,098]

The income that is used is line 22 on the 1040 tax return.

Regarding assets you can use them to make up an income deficit. The ratio is $3 in assets: $1 in income. To make up a $1000 shortfall you would need $3000 in assets.

Here are the guidelines (from the I-864 affidavit of support, pg. 8) for asset use:

Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner's claim of its net cash value.

You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, this, you must include documentation demonstrating that you own it, a recentappraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, orother lien on the home. You may not include the net value an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset.

[Gary and Alla 3,694]

I've been dealing with relatively minor (painful and inconvenient but not life threatening) medical issues and recently spent $15,000 on medical expenses including a surgery that my insurance wouldn't cover. Because I knew about this last December I was able to elect to have A LOT of money put into my medical flex spending account.

This means I have a lot being diverted to medical FSA, daycare FSA, medical, dental, and vision insurance which was all taken before taxes. My employer also takes out money for auto and home owner's insurance, etc etc etc.... IT'S MAKING ME WORRY ABOUT IF THE GOVERNMENT WILL ALLOW ME TO SUPPORT MY FIANCE!!!!!!!!!!

I've had a bit of bad luck getting these things taken care of but after this last surgery I am doing better than ever and have no more surgeries planned!!!

Although I make a decent hourly rate, because I will have taken quite a bit of unpaid leave this year and have a heart-stopping amount deducted from each payment according to ADP statements I will only have federal taxable wages of maybe $21,600. EEEEEEK!!! Since I have a dependent child I have to have $22,887 as income??

I can prove I have a bit of equity in my home, as long as the economy doesn't sink any lower. I have heard that they will sometimes apply your assets to the deficiency. Does anyone have experience with the calculation of ability to support?

If we get approved and interview in 2009 they will see my paycheck stubs with more than enough gross, but low take-home and federal taxable. If we get approved in 2010 they will see a frightening lower income tax return. What are some steps I should be taking now? My fiance will interview at the London consulant. What agencies will be looking at my income and at which point in the process?

The Consulate (US State Department) will look at it for the visa interview. The USCIS will look at it for the AOS filing.

Don't fret. While it is TRUE that typically they look at line 22 of your income tax return, they will also consider non-taxable income which is not shown on the 1040. A good example of this is child support. Another example is a housing allowance, combat pay for military members, etc.

Your w-2s will indicate your GROSS pay in real dollars. This is the amount you should claim as your "current income" Prove this by attaching your 1040 with w-2s and an explanation of your before tax deductions. Unpaid leave doesn't matter as long as you are employed. You claim your base salary or hourly wage as "current income". That you took some time off does not change your "current income".

Also, while I cannot tell without looking at your private papers, many such deductions are still considered GROSS income and then adjusted out below line 22 on the 1040 and would have no affect on the income considered for supporting your fiance.

Just make sure to claim and document ALL your income.