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125 % poverty level and aff of support

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So that I've got this straight, it is the case then, that if the petitioner's current taxation year (2009) shows earnings over the 125% poverty level, a co-sponsor would therefore not be required? So despite previous years (student years) that a petitioner did not meet the 125% , so long as the current taxation year meets the criteria all should be fine and well or might it be prudent to have a co-sponser given this scenario to avoid any potential problems?

I always appreciate thoughts and comments...

Thanks in advance.

2007 Nov 30: Met in Las Vegas, Nevada

2009 Jul 13: Proposed/Engaged in Sedona, Arizona

2009 Dec 26: Married in Tucson, Arizona

USCIS

2009 Dec 30: Filed I-130

2010 Jan 02: I-130 delivered

2010 Jan 07: NOA1 - email - CSC

2010 Jan 11: Received NOA1 hardcopy

2010 Mar 24: NOA2 - email & text - NVC

2010 Mar 29: Received NOA2 hardcopy

I-130 was approved in 76 days from NOA1 date

NVC

2010 Mar 30: NVC received - case# assigned - emails given to NVC

2010 Mar 30: Opted in - DS3032 emailed to NVC

2010 Mar 31: Received AOS bill & DS3032 - paid AOS

2010 Apr 05: Online payment portal confirms paid AOS(Apr 2 processing date)

2010 Apr 05: Sent I-864 package

2010 Apr 15: EP confirmation email

2010 Apr 15: IV bill generated & paid

2010 Apr 15: Email confirmation - receipt of DS3032

2010 Apr 16: IV bill confirmed paid - sent DS230 package

2010 Apr 19: NVC operator confirms I864 & DS230 documents have been received

2010 Apr 21: AVR confirms all documents received Apr 19th

2010 Apr 23: Email from NVC: case complete - confirmed by NVC - sign in fail

Completed in 24 days

CONSULATE

2010 May 27: Email from NVC - consulate received file - interview Montreal Jul 27th

2010 Jun 16: Medical @ Woking Medical Centre, Vancouver, Canada - APPROVED

2010 Jul 27: Interview @ US Consulate in Montreal, Canada - APPROVED

Your interview took 201 days from your I-130 NOA1 date

2010 Aug 13:POE Washington - APPROVED

REMOVAL OF CONDITIONS

2012 May 14 - mailed I-751

2012 May 16 - delivered @ CSC

2012 Jun 18 - I 551 stamp

2012 Jun 28 - biometrics appointment NOA notice date Jun 7

2012 Dec 20 - approved

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Moving from 'Finding Work in America' forum to 'CR-1/IR-1' forum.

Sorry I didn't realize I was in that forum when I posted. Thanks.

2007 Nov 30: Met in Las Vegas, Nevada

2009 Jul 13: Proposed/Engaged in Sedona, Arizona

2009 Dec 26: Married in Tucson, Arizona

USCIS

2009 Dec 30: Filed I-130

2010 Jan 02: I-130 delivered

2010 Jan 07: NOA1 - email - CSC

2010 Jan 11: Received NOA1 hardcopy

2010 Mar 24: NOA2 - email & text - NVC

2010 Mar 29: Received NOA2 hardcopy

I-130 was approved in 76 days from NOA1 date

NVC

2010 Mar 30: NVC received - case# assigned - emails given to NVC

2010 Mar 30: Opted in - DS3032 emailed to NVC

2010 Mar 31: Received AOS bill & DS3032 - paid AOS

2010 Apr 05: Online payment portal confirms paid AOS(Apr 2 processing date)

2010 Apr 05: Sent I-864 package

2010 Apr 15: EP confirmation email

2010 Apr 15: IV bill generated & paid

2010 Apr 15: Email confirmation - receipt of DS3032

2010 Apr 16: IV bill confirmed paid - sent DS230 package

2010 Apr 19: NVC operator confirms I864 & DS230 documents have been received

2010 Apr 21: AVR confirms all documents received Apr 19th

2010 Apr 23: Email from NVC: case complete - confirmed by NVC - sign in fail

Completed in 24 days

CONSULATE

2010 May 27: Email from NVC - consulate received file - interview Montreal Jul 27th

2010 Jun 16: Medical @ Woking Medical Centre, Vancouver, Canada - APPROVED

2010 Jul 27: Interview @ US Consulate in Montreal, Canada - APPROVED

Your interview took 201 days from your I-130 NOA1 date

2010 Aug 13:POE Washington - APPROVED

REMOVAL OF CONDITIONS

2012 May 14 - mailed I-751

2012 May 16 - delivered @ CSC

2012 Jun 18 - I 551 stamp

2012 Jun 28 - biometrics appointment NOA notice date Jun 7

2012 Dec 20 - approved

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Current, ongoing income that meets the 125% requirement is the most important. That's verified with the employer letter and recent pay stubs.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: Citizen (apr) Country: Ireland
Timeline

PP is correct; while it is good if your 2009 tax return shows the 125%, what truly matters is your income NOW, as proven via paystubs etc.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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  • 7 months later...
Filed: IR-1/CR-1 Visa Country: India
Timeline

Current, ongoing income that meets the 125% requirement is the most important. That's verified with the employer letter and recent pay stubs.

PP is correct; while it is good if your 2009 tax return shows the 125%, what truly matters is your income NOW, as proven via paystubs etc.

If the Gross Amount on the most recent Pay Stub does not YET exceed the 125% requirement, how will the Consulate react to this.

In other words, if a Employement Letter states your income is above the 125% requirement, but your most recent Pay Stub is still shy of the 125% requirement what action will the Consulate take in this situation ?

CR-1 Visa Was Approved :-)

Entry Date to USA: 2/3/2011

12-10-2012 - Sent off I-751 packet visa USPS

I751 Was approved - 10 Year GC was granted

N-400 Progress

4/10/2014: Package Mailed
4/11/2014: Package Received
4/14/2014: Notice Date
x/x/2014: Biometrics appointment
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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

If the Gross Amount on the most recent Pay Stub does not YET exceed the 125% requirement, how will the Consulate react to this.

In other words, if a Employement Letter states your income is above the 125% requirement, but your most recent Pay Stub is still shy of the 125% requirement what action will the Consulate take in this situation ?

Annualized income is what is measured, not year to date income. The recent pay stubs document the actual earnings. For example, a person earning $1000 per week has an annual salary of $52,000. Their pay stub at the end of June (26 weeks) would only show year to date earnings of $26K. The amount that person would put as annual wages is $52K.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: IR-5 Country: India
Timeline

If the Gross Amount on the most recent Pay Stub does not YET exceed the 125% requirement, how will the Consulate react to this.

In other words, if a Employement Letter states your income is above the 125% requirement, but your most recent Pay Stub is still shy of the 125% requirement what action will the Consulate take in this situation ?

Then they will go back to the previous years tax returns. Past and Present earning potentials both are equally important.

Employment letter might show annual income based on the projection until the end of the year.

Loto

CSC - I-130 for Parents (IR5)

10/11/2011 - Sent to Chicago Lockbox

10/13/2011 - Delivered at Chicago Lockbox

10/17/2011 - Email received with Receipt#, Routed to CSC

10/18/2011 - Cleared the checks $420*2

10/21/2011 - Received NOA1

03/30/2012 - Received NOA2

NVC

04/19/2012 - NVC received

05/01/2012 - Case# generated

05/02/2012 - DS-3032 COA emailed

05/02/2012 - I-864 AOS Fee $88 paid

05/05/2012 - I-864 AOS package mailed to NVC

05/07/2012 - I-864 AOS package received by NVC

05/07/2012 - DS-3032 COA accepted

05/08/2012 - DS-230 IV Fee $230*2 paid

05/09/2012 - DS-230 IV package mailed to NVC

05/11/2012 - DS-230 IV package received by NVC

05/17/2012 - Case Completed

Consulate

07/02/2012 - VFS visit in Cochin

07/04/2012 - Medical in Chennai

07/12/2012 - Interview in Mumbai - Success!

09/08/2012 - POE at JFK, NY

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