I 864 denial

[CarrieCarrasco 0]

Hi everyone! My chilean husband came over on the k1 fiance visa and after submitting our i485 and i765, I recently received a letter saying that my I 864 was denied due to insufficient income. I did not correctly calculate my projected income and it was about $22,500.00. I have been working full time (36 hours) since May 2011 as a nursing asst. and earn a base payrate of $10.70 an hour and an additional $3.25 an hour when working weekends. I am a weekend option employee and always work two weekend shifts aka 24 hours. Therefore I earn 10.70(12 hours)+ 13.95(24 hours)= $463.20 a week or $24,086.40 a year. I am required to work two weekend shifts a week but can miss a total of 8 shifts in a year which, if taken, would decrease my income to $23,774.40 a year. My husband and I have a son and therefore we need to earn $23,162 a year to meet poverty guidelines. I am including a clear explanation of my projected income this year, a letter from my work employer stating my income (base rate and premium pay)and my starting date in May, my employer's policy for employees who earn this premium pay, almost all my pay stubs and my 2010 and 2011 taxes. In 2010, I earned about $3000 and in 2011 I earned about $15,000 because I started working full time in May.

Also, I am including my bank statements from the past year. I currently have $6,000 in my checking account from my taxes and am hoping that this will help and count towards my assets. The bank statements may not help too much because money has fluctuated and, until my tax refund came, I didnt have very much in my account.

My mom was originally going to be the joint sponsor but pretty much backed out. I am worried because it was denied once. Also, I don't know if my earnings are too confusing or too close to the poverty margin. I would very much like to explain this is person to someone but don't think I can. Would going to my local USCIS office help?

Please let me know if anyone has had any similar experiences or have any suggestions.

[pushbrk 12,894]

Hi everyone! My chilean husband came over on the k1 fiance visa and after submitting our i485 and i765, I recently received a letter saying that my I 864 was denied due to insufficient income. I did not correctly calculate my projected income and it was about $22,500.00. I have been working full time (36 hours) since May 2011 as a nursing asst. and earn a base payrate of $10.70 an hour and an additional $3.25 an hour when working weekends. I am a weekend option employee and always work two weekend shifts aka 24 hours. Therefore I earn 10.70(12 hours)+ 13.95(24 hours)= $463.20 a week or $24,086.40 a year. I am required to work two weekend shifts a week but can miss a total of 8 shifts in a year which, if taken, would decrease my income to $23,774.40 a year. My husband and I have a son and therefore we need to earn $23,162 a year to meet poverty guidelines. I am including a clear explanation of my projected income this year, a letter from my work employer stating my income (base rate and premium pay)and my starting date in May, my employer's policy for employees who earn this premium pay, almost all my pay stubs and my 2010 and 2011 taxes. In 2010, I earned about $3000 and in 2011 I earned about $15,000 because I started working full time in May.

Also, I am including my bank statements from the past year. I currently have $6,000 in my checking account from my taxes and am hoping that this will help and count towards my assets. The bank statements may not help too much because money has fluctuated and, until my tax refund came, I didnt have very much in my account.

My mom was originally going to be the joint sponsor but pretty much backed out. I am worried because it was denied once. Also, I don't know if my earnings are too confusing or too close to the poverty margin. I would very much like to explain this is person to someone but don't think I can. Would going to my local USCIS office help?

Please let me know if anyone has had any similar experiences or have any suggestions.

The way I would calculate your current income is to take the year to date income from the latest pay stub. Divide that number by the number of pay periods represented, then multiply the result by the number of pay periods in a full year. For example, if you've made 6,000 in six pay periods and are paid every two weeks, you have 26 pay periods in a year. You would divide the $6,000 by 6 = $1,000 X 26 = $26,000. No matter what else you explain, this is how USCIS is going to calculate your current income using those pay stubs.

[t.t.1 1]

Hi everyone! My chilean husband came over on the k1 fiance visa and after submitting our i485 and i765, I recently received a letter saying that my I 864 was denied due to insufficient income. I did not correctly calculate my projected income and it was about $22,500.00. I have been working full time (36 hours) since May 2011 as a nursing asst. and earn a base payrate of $10.70 an hour and an additional $3.25 an hour when working weekends. I am a weekend option employee and always work two weekend shifts aka 24 hours. Therefore I earn 10.70(12 hours)+ 13.95(24 hours)= $463.20 a week or $24,086.40 a year. I am required to work two weekend shifts a week but can miss a total of 8 shifts in a year which, if taken, would decrease my income to $23,774.40 a year. My husband and I have a son and therefore we need to earn $23,162 a year to meet poverty guidelines. I am including a clear explanation of my projected income this year, a letter from my work employer stating my income (base rate and premium pay)and my starting date in May, my employer's policy for employees who earn this premium pay, almost all my pay stubs and my 2010 and 2011 taxes. In 2010, I earned about $3000 and in 2011 I earned about $15,000 because I started working full time in May.

Also, I am including my bank statements from the past year. I currently have $6,000 in my checking account from my taxes and am hoping that this will help and count towards my assets. The bank statements may not help too much because money has fluctuated and, until my tax refund came, I didnt have very much in my account.

My mom was originally going to be the joint sponsor but pretty much backed out. I am worried because it was denied once. Also, I don't know if my earnings are too confusing or too close to the poverty margin. I would very much like to explain this is person to someone but don't think I can. Would going to my local USCIS office help?

Please let me know if anyone has had any similar experiences or have any suggestions.

make sure u are going off the 2012 guidelines, its being posted since the !st of march. it is a little bit higher than the 2011. good luck

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Family Based Visas forum; topic is not a spousal visa process topic.

[TBoneTX 45,304]

Thread from 2012 is now closed to further comment.