right above 125% poverty, need to include assets?

[mrs.sr 0]

hi all,

sorry to be asking so many questions, and thanks again for everyone's answers. this is regards to the i-485, i-130.

i am the petitioner, my husband is the beneficiary.

i understand the last tax return transcript (and possibly last 3) are required to show that you are above 125% poverty. For a household of 2, these are what I find to be the poverty guidelines:

2009: 18, 231 -- my YTD PRE-TAX income on my last paystub, $19,001

2008: 17, 500 -- my PRE-TAX income (on return), 2008: $18,202

just to be clear - we use the adjusted gross income on the W2, is that right..

my plan is to file the last 3 years of tax returns, and send the last 6 pay stubs, letter of employment, and all the same for my husband (although we have only been living together the last month and we just got married, so his income cant count I believe - is that correct - so should I still include? he has been working in the US 6 years and living here for 11). since we'll be filing these in the next few weeks I'm just going to file 2008 as the latest one.

since I appear to be barely above the guidelines, should I also file information about my assets? I'm worried about including *too* much information when it is not necessary. I have a lot of money saved up so it is not a problem. I just have various bank accts. and some of them are joint with my husband - i dont want to overmuch confuse the people looking over the documents.

I can always bring all this info to the interview. I will also be starting a new job in May which will more than double what I make now, so I will bring newer paystubs that show greater income at the interview..

I couldnt really find any info on the site, except when the income is below the poverty level.

thanks!

-a

[frostysoftyeaton 6]

hi all,

sorry to be asking so many questions, and thanks again for everyone's answers. this is regards to the i-485, i-130.

i am the petitioner, my husband is the beneficiary.

i understand the last tax return transcript (and possibly last 3) are required to show that you are above 125% poverty. For a household of 2, these are what I find to be the poverty guidelines:

2009: 18, 231 -- my YTD PRE-TAX income on my last paystub, $19,001

2008: 17, 500 -- my PRE-TAX income (on return), 2008: $18,202

just to be clear - we use the adjusted gross income on the W2, is that right..

my plan is to file the last 3 years of tax returns, and send the last 6 pay stubs, letter of employment, and all the same for my husband (although we have only been living together the last month and we just got married, so his income cant count I believe - is that correct - so should I still include? he has been working in the US 6 years and living here for 11). since we'll be filing these in the next few weeks I'm just going to file 2008 as the latest one.

since I appear to be barely above the guidelines, should I also file information about my assets? I'm worried about including *too* much information when it is not necessary. I have a lot of money saved up so it is not a problem. I just have various bank accts. and some of them are joint with my husband - i dont want to overmuch confuse the people looking over the documents.

I can always bring all this info to the interview. I will also be starting a new job in May which will more than double what I make now, so I will bring newer paystubs that show greater income at the interview..

I couldnt really find any info on the site, except when the income is below the poverty level.

thanks!

-a

When we filed for my AOS before, we did not include any assets and just the last 3 years income tax return. I think if you are above the poverty guideline, there won't be a problem. But it won't hurt if you will declare your assets.

Good Luck!!!

[VanessaTony 3,567]

Easiest answer is to direct you to my thread here: http://www.visajourney.com/forums/index.php?showtopic=235331

To directly quote from this post: http://www.visajourney.com/forums/index.ph...t&p=3614293

"you can submit IRS tax transcripts, meaning you will not require the W2s, 1099's or schedules. You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a Government official; a plain transcript or photocopy is acceptable. Do NOT submit copies of your State tax returns.

For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ,the line for adjusted gross income will be considered."

IRS tax transcripts are free which is also good. It also (the instructions) tells you what line you need to read from which makes life a lot easier

The poverty guidelines are here: http://www.uscis.gov/files/form/i-864p.pdf if you are above the poverty line then you are it doesn't matter if it's by $2, it's still over. The instructions tell you that filling in the assets part is not required BUT it also says that if you feel that it will help your case to do so . Overloading them with paperwork is fine, as long as it is sorted out well.

"You may include a recent letter from your employer, showing your employer's address and telephone number, and indicating your annual salary. You may also provide pay stub(s) showing your income for the previous six months. If your claimed income includes alimony, child support, dividend or interest income,or income from any other source, you may also include evidence of that income."

The I-864 instructions, page 6, states:

"If you included the income of the intending immigrant who is your spouse (he or she would be counted on line 21a),evidence that his/her income will continue from the current source after obtaining lawful permanent resident status mustbe provided. He/she does not need to complete FormI-864A unless he/she has accompanying children.

---

So to answer your qn directly, if you are going to include your husbands information as well, make sure you separate it accordingly. For instance "your details" and then his details in a separate pile. I wouldn't worry about overloading them with information as long as there is a set order to it. It's times like this a cover letter would be good so that you have a list of everything that's included. They might read the cover letter (which is basically a contents list) and they might not, but either way I'd feel better including it.

Also, including your husbands work information and financial information would be beneficial when including all the bank statement information. If you have it I would just make it so they don't have to think too much, they just look and realise you're over the "limit" and that's all.

The main reason you can't find anything on the site about being over the poverty level is because being over is GOOD You're over and that's all that matters.

I hope this makes you feel a little better

[christeen 966]

I am always to err on the side of caution when it comes to this process as sometimes it seems totally random what the govt deems as "sufficient and acceptable" one moment and what gets flagged. That being said, if you fear you are too close and you have assets that can help to convince the consulate that you are financially able to sponsor them, then I would recommed that you include it... I am not sure of the benefit of excluding it???

[sachinky 465]

I'd include the assets since you're barely above the poverty line.

[Darnell 8,478]

Is it really AGI, though?

[Nich-Nick 3,354]

You might want to read this USCIS document http://www.uscis.gov/files/pressrelease/AffSuppAFM062706.pdf

Starting on the middle of page 10 is (e) Sufficiency of Form I-864.

It starts out

In general. When determining the sufficiency of a Form I-864,

USCIS shall first consider the sponsor’s anticipated income for the year the sponsor signed Form I-864.

Thus, during the initial evidence review, USCIS shall as a general rule determine the sufficiency of a Form I-864 based on the sponsor’s reasonably anticipated household income for the year in which the sponsor signed the Form I-864.

They don't require your last year's tax return to be above the poverty line. It's your current income that has to be above.

If you file and sign the I-864 before the new poverty guidelines come out, then they will go by the 2009 levels. That information is also in the link I gave. The 2010 poverty guidelines will probably be published in February and normally are higher each year.

Somewhere around page 6/7 of the linked document it talks about sponsors, spouses, intending imigrant, etc.

(4) Use of Intending Immigrant’s Income.

If the sponsor does not meet the income requirement on the basis of his or her own income and/or assets, the sponsor may also count the intending immigrant’s income if (1)(a) the intending immigrant is either the sponsor’s spouse or ( b ) has the same principal residence as the sponsor, and

(2) the preponderance of the evidence shows that the intending immigrant’s income results from the intending immigrant’s lawful employment in the United States

or from some other lawful source that will continue to be available to the intending immigrant after he or she acquires permanent resident status. The prospect of employment in the United States that has not yet actually begun does not count toward meeting this requirement.

I would think that an explanation/proof of how your husband works legally in the US and perhaps a letter from his employer stating salary and the employment will continue would be helpful information for the adjudicator to read when he is determining sufficiency of the I-864. If you read that document further, it will explain the immigrant can not sign and swear to support himself, so that's why he does not complete the I-864A.

Edited January 10, 2010 by Nich-Nick

[mrs.sr 0]

You might want to read this USCIS document http://www.uscis.gov/files/pressrelease/AffSuppAFM062706.pdf

Starting on the middle of page 10 is (e) Sufficiency of Form I-864.

It starts out

In general. When determining the sufficiency of a Form I-864,

USCIS shall first consider the sponsor’s anticipated income for the year the sponsor signed Form I-864.

Thus, during the initial evidence review, USCIS shall as a general rule determine the sufficiency of a Form I-864 based on the sponsor’s reasonably anticipated household income for the year in which the sponsor signed the Form I-864.

They don't require your last year's tax return to be above the poverty line. It's your current income that has to be above.

If you file and sign the I-864 before the new poverty guidelines come out, then they will go by the 2009 levels. That information is also in the link I gave. The 2010 poverty guidelines will probably be published in February and normally are higher each year.

Somewhere around page 6/7 of the linked document it talks about sponsors, spouses, intending imigrant, etc.

(4) Use of Intending Immigrant’s Income.

If the sponsor does not meet the income requirement on the basis of his or her own income and/or assets, the sponsor may also count the intending immigrant’s income if (1)(a) the intending immigrant is either the sponsor’s spouse or ( b ) has the same principal residence as the sponsor, and

(2) the preponderance of the evidence shows that the intending immigrant’s income results from the intending immigrant’s lawful employment in the United States

or from some other lawful source that will continue to be available to the intending immigrant after he or she acquires permanent resident status. The prospect of employment in the United States that has not yet actually begun does not count toward meeting this requirement.

I would think that an explanation/proof of how your husband works legally in the US and perhaps a letter from his employer stating salary and the employment will continue would be helpful information for the adjudicator to read when he is determining sufficiency of the I-864. If you read that document further, it will explain the immigrant can not sign and swear to support himself, so that's why he does not complete the I-864A.

I was mianly worried b.c the instructions read "Only complete this Part if you need to use the value of assets to meet the income requirements." (the assets part). So I did not want to submit assets if you should not submit assets given being above 125%. I think I'll just submit everything in a neatly organized way and hope it all goes.

thanks all.

interesting you mentioned "reasonable income" for the "future year" is listed in the sufficiency section - considering future offers of employment are not acceptable evidence of anticipated income.. that's too much in depth for me to think about though

[christeen 966]

It is the totality of your financial situation that they look at... This includes your total financial picture so I would include it... The future income has to do with anticipating what you will earn by years end based on your CURRENT employment, not possible job changes...