Affidavit of Support with hourly work

[Ketsuban 1,034]

Hi everyone,

My fiancé and I are going to go down the CR-1 route in a few months. We know the Affidavit of Support is going to come up. My fiancé works various hourly shifts for Securitas, so doesn't have a defined "salary" so to speak. He earns over $10 an hour and given the hours he does, would theoretically come over the 125% poverty line.

Since his employer technically has the power to lower his hours down to absolutely nothing if they feel like it, how do we prove he is above the poverty line?

He also got this job last July, and it was his first job. Does he need to have been in work for a number of years? I notice we need to provide his last three tax returns, but obviously they will have no taxes to speak of.

Finally, how do we prove a bona fide marriage (we're hopefully getting married in April) without a lease/mortgage/bank account? I won't be in his country to be part of any of these :S that's the whole point of doing the CR-1 so can we just use the marriage cert, photos of the wedding, speaking to each other via Skype about the wedding, my name change request at work, HMRC request to change name etc...?

Thanks

[speedwell 224]

Hi everyone,

My fiancé and I are going to go down the CR-1 route in a few months. We know the Affidavit of Support is going to come up. My fiancé works various hourly shifts for Securitas, so doesn't have a defined "salary" so to speak. He earns over $10 an hour and given the hours he does, would theoretically come over the 125% poverty line.

Since his employer technically has the power to lower his hours down to absolutely nothing if they feel like it, how do we prove he is above the poverty line?

He also got this job last July, and it was his first job. Does he need to have been in work for a number of years? I notice we need to provide his last three tax returns, but obviously they will have no taxes to speak of.

Finally, how do we prove a bona fide marriage (we're hopefully getting married in April) without a lease/mortgage/bank account? I won't be in his country to be part of any of these :S that's the whole point of doing the CR-1 so can we just use the marriage cert, photos of the wedding, speaking to each other via Skype about the wedding, my name change request at work, HMRC request to change name etc...?

Thanks

At the risk of sounding like an adrenaline junkie, my husband and I got married and filed the I-130 almost immediately after. We hadn't had TIME to gather any supporting evidence and we stupidly didn't include any (although we did include the REQUIRED evidence). We fully expect to receive an RFE. However, that could be a good thing. The time it takes to process an RFE is typically less than the time it takes to get your paperwork together. So we've gathered all the financial and relationship stuff now while we wait to hear about the I-130. I feel guilty even telling you we did this.

In any case don't worry about the affidavit of support until you need to. By then your husband will have several months work history. If it is good history, add up the money, divide by the number of weeks since he started the job, then multiply by 52 to get an average wage per year.

[Ketsuban 1,034]

At the risk of sounding like an adrenaline junkie, my husband and I got married and filed the I-130 almost immediately after. We hadn't had TIME to gather any supporting evidence and we stupidly didn't include any (although we did include the REQUIRED evidence). We fully expect to receive an RFE. However, that could be a good thing. The time it takes to process an RFE is typically less than the time it takes to get your paperwork together. So we've gathered all the financial and relationship stuff now while we wait to hear about the I-130. I feel guilty even telling you we did this.

In any case don't worry about the affidavit of support until you need to. By then your husband will have several months work history. If it is good history, add up the money, divide by the number of weeks since he started the job, then multiply by 52 to get an average wage per year.

I figured we'd need proof of his wages rather than just making estimates... I guess if they see his W2 and tax return for this year once it's filed, they'll see it's enough. If not, I guess they'd come back and tell us we need a co-sponsor, which we thankfully do have access to.

I know about the evidence. I can't really do much about it now since we're not married, but I will be hoarding stuff way before we even print out the I-130.

[speedwell 224]

I figured we'd need proof of his wages rather than just making estimates... I guess if they see his W2 and tax return for this year once it's filed, they'll see it's enough. If not, I guess they'd come back and tell us we need a co-sponsor, which we thankfully do have access to.

I know about the evidence. I can't really do much about it now since we're not married, but I will be hoarding stuff way before we even print out the I-130.

Technically you need only the last year's tax filing and evidence of recent pay. I recommend strongly you submit a copy of EVERY pay stub he gets this year and a letter from his employer stating how much he is expected to be paid on a yearly basis. TELL the HR person you must show MORE than enough to satisfy immigration, and they might know a good way to state the wages so that it is true but looks the most favorable to you.

[Ketsuban 1,034]

Technically you need only the last year's tax filing and evidence of recent pay. I recommend strongly you submit a copy of EVERY pay stub he gets this year and a letter from his employer stating how much he is expected to be paid on a yearly basis. TELL the HR person you must show MORE than enough to satisfy immigration, and they might know a good way to state the wages so that it is true but looks the most favorable to you.

Thanks Speedwell. This website states we need the last three tax returns. Is it outdated information?

Would last year's tax return be 2012, the one he will file soon? Or is it 2011? I've had little experiences with taxes because it's all done for us in the UK.

I'm not sure if his employer could predict what he'd earn since his hours fluctuate from as little as 32 to as much as 64 per week. I will most certainly ask him to speak with them about it though and see if they can do something. I thought the AoS had to have exact figures.

[Darnell 8,478]

There are things that can be had, can be generated, within a month of returning to the USA.

Here's what I was able to generate, and my interpretation of the 6 types of evidence from the I-130 instructions:

http://www.visajourney.com/forums/index.php?showtopic=218775&st=0&p=3324240&hl=Rusticentry3324240

as for the hourly wage bit - usually the folk at NVC and at the IV unit do some math, they know how to 'do the math' for current annual income, extrapolating from an hourly wage. I understand your concern about the changeup of hours - in the end, a very recent paystub shown on interview day quashes a lot of silliness.

[speedwell 224]

Thanks Speedwell. This website states we need the last three tax returns. Is it outdated information?

Would last year's tax return be 2012, the one he will file soon? Or is it 2011? I've had little experiences with taxes because it's all done for us in the UK.

I'm not sure if his employer could predict what he'd earn since his hours fluctuate from as little as 32 to as much as 64 per week. I will most certainly ask him to speak with them about it though and see if they can do something. I thought the AoS had to have exact figures.

No, supply the last three if you have them. Only the latest is essential, but the previous two are supporting documentation. The latest return is the 2011 return when your affidavit is submitted before the US filing deadline of April 15, and the 2012 return after April 15. If your affidavit used the 2011 return, but your visa interview is after April 15, bring the 2012 return to the interview with you (include all schedules and attachments).

I find HR people are nice about it if you are nice to them. They have to verify income for lots of things and they know the ropes. Just make sure they understand what it is for and what you are trying to show.

[Ketsuban 1,034]

No, supply the last three if you have them. Only the latest is essential, but the previous two are supporting documentation. The latest return is the 2011 return when your affidavit is submitted before the US filing deadline of April 15, and the 2012 return after April 15. If your affidavit used the 2011 return, but your visa interview is after April 15, bring the 2012 return to the interview with you (include all schedules and attachments).

I find HR people are nice about it if you are nice to them. They have to verify income for lots of things and they know the ropes. Just make sure they understand what it is for and what you are trying to show.

Thank you.

Since we aren't going to get married until after April 15th this year, I guess it will be the 2012 return we'll be using. Just as well since it will show actual taxes and wages instead of nothing at all.

Is there a minimum amount of time a USC needs to have been in work and earning 125% above the poverty salary before they can sponsor an alien spouse?

[speedwell 224]

Thank you.

Since we aren't going to get married until after April 15th this year, I guess it will be the 2012 return we'll be using. Just as well since it will show actual taxes and wages instead of nothing at all.

Is there a minimum amount of time a USC needs to have been in work and earning 125% above the poverty salary before they can sponsor an alien spouse?

No, they just have to be making above 125% over poverty for the household size (themselves, the spouse, kids, dependents, and anyone else they have sponsored), or make up 3 times the difference between income and 125% in readily available assets (something they can sell quickly to pay bills). However, the final result is at the discretion of the reviewing official. I'm not saying someone with a good enough income will be denied. I'm saying that if you are too close, or show no recent income and no assets, you will get a hard look and hard questions. It sounds to me like you are probably OK.

[Ketsuban 1,034]

No, they just have to be making above 125% over poverty for the household size (themselves, the spouse, kids, dependents, and anyone else they have sponsored), or make up 3 times the difference between income and 125% in readily available assets (something they can sell quickly to pay bills). However, the final result is at the discretion of the reviewing official. I'm not saying someone with a good enough income will be denied. I'm saying that if you are too close, or show no recent income and no assets, you will get a hard look and hard questions. It sounds to me like you are probably OK.

Awesome stuff thank you.