I-864 Powerty Guidelines

[Monio 0]

Good morning everyone,

I just found out that my husband (US citizen) didn't meet the required amount of income for last tax year. But he exceeded it for the years before! Do you think it is a big issue and our application might be turned down because of that? I have my savings and can take care of myself, but I am very new to all of these immigration rules and not sure how big of a deal this is... I am really worried All other paperwork, I-693 is done, just this thing I found out about today... Thank you very much for your help!

[KayDeeCee 4,893]

Is he self-employed? If not, what is his current annual income?

[Cathi 5,755]

They are more concerned about what he makes presently. If he does not meet the current minimum poverty guidelines you will need a joint sponsor. Is he earning enough now to meet the guidelines?

[mfranc68 31]

Last year? You mean 2011? They are interested in now more then before. What is his income this year? 2012? This year is over in two weeks. They really only ask you for last year and current income. It is nice if you include prior years tax returns, but it is not a requirement. If his income meets or exceeds the guidelines for 2012, you might just have to wait a little and use his 2012 tax returns. Inconvient yes, but better then being denied or having to use a co-sponsor. If all is well for 2012 and his current income is stable you might just want to wait a little while and use his 2012 tax return and a letter from his employer (if not self-employed) stating his current income (which will be for 2013).

[Monio 0]

Is he self-employed? If not, what is his current annual income?

He is a waiter, so the hourly wage is only like $4 an hour, but he makes good tips. We are not sure how much exactly it is going to be for 2012... He also started his own business (LLC) but is is not making any profit yet. Would that be something they consider as an advantage or no? I wonder if there is document that the restaurant could provide to him that shows how much he has made this year so far?

[Monio 0]

Last year? You mean 2011? They are interested in now more then before. What is his income this year? 2012? This year is over in two weeks. They really only ask you for last year and current income. It is nice if you include prior years tax returns, but it is not a requirement. If his income meets or exceeds the guidelines for 2012, you might just have to wait a little and use his 2012 tax returns. Inconvient yes, but better then being denied or having to use a co-sponsor. If all is well for 2012 and his current income is stable you might just want to wait a little while and use his 2012 tax return and a letter from his employer (if not self-employed) stating his current income (which will be for 2013).

Thanks for the response! I mean 2011, yes. The only reason why I wanted to file right now was to start the lengthy process asap...

[Penguin_ie 5,993]

So your husband hasn't filed a petition yet? If so, he should go ahead. He won;t need to submit the I-864 until NVC stage, some 5+ months ahead, and by then he will be able to submit this year's taxes.

[KayDeeCee 4,893]

He is a waiter, so the hourly wage is only like $4 an hour, but he makes good tips. We are not sure how much exactly it is going to be for 2012... He also started his own business (LLC) but is is not making any profit yet. Would that be something they consider as an advantage or no? I wonder if there is document that the restaurant could provide to him that shows how much he has made this year so far?

He can use a letter from his employer and recent pay stubs to prove current income. Does he have a way to prove how much he receives total, including tips? Perhaps bank statements showing deposits? Also, as his spouse, your savings can be used too. If they are in a US bank, then they will be calculated at 3 times the shortfall in income, if in a foreign bank, then at 5 times. For example, you figure up his income is actually $16k instead of the $19k needed for a household of 2, then you need at least $9k in US liquid assets or $15k if savings are in a bank abroad.

[KayDeeCee 4,893]

So your husband hasn't filed a petition yet? If so, he should go ahead. He won;t need to submit the I-864 until NVC stage, some 5+ months ahead, and by then he will be able to submit this year's taxes.

This was posted in the AOS forum and they mentioned the I-693, so I was assuming they are filing for AOS with or without the I-130 filed concurrently. They would need to send in the I-864 along with all their other forms. They have no timeline, so I was just best-guessing it.

[Penguin_ie 5,993]

This was posted in the AOS forum and they mentioned the I-693, so I was assuming they are filing for AOS with or without the I-130 filed concurrently. They would need to send in the I-864 along with all their other forms. They have no timeline, so I was just best-guessing it.

I completely missed that! Ignore me