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Posted (edited)

Hey Guys, once again I am hung up on the whole poverty line thing.

I understand that for the K-1 that you need to be 100% above the line.

I understand that for AOS you need to be about 125% above the line...

But...Does this include documents from your savings and other Cds and investments...or is this strictly your working income??

I can get all of this adjusted before the AOS interview which I might as it is way in the future as we haven't even done or K-1 yet...I am lucky enough to be able to pick my own salary...however I just want to be sure.

I could also be posting in the wrong forum...sorry if so.

Thanks in advance~ :star:

Edited by ajames79

All You Need Is Love...

*The Beatles*

I am a wife!! Whoa this is weird!

Filed: K-1 Visa Country: South Korea
Timeline
Posted

I believe it includes other sources of income besides your working income, such as savings, CDs, etc. I looked at the I-134 and it includes lines where you can list those types of income. AOS I don't know about - haven't gotten that far yet.

Shannon 명철

Posted
I believe it includes other sources of income besides your working income, such as savings, CDs, etc. I looked at the I-134 and it includes lines where you can list those types of income. AOS I don't know about - haven't gotten that far yet.

thanks for your reply!!

All You Need Is Love...

*The Beatles*

I am a wife!! Whoa this is weird!

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

On page 4 of I864 it lets you list your assets to meet the 125% if you do not meet them based on income alone. If its cash or cash equivalent (e.g. cds, stocks, bonds etc.) that would be easy - if its real estate then you will have to submit paperwork supporting the equity you claim you have. Good Luck

2005

K1

March 2 Filed I-129 F

July 21 Interview in Bogota ** Approved ** Very Easy!

AOS

Oct 19 Mailed AOS Packet to Chicago

2006

Feb 17 AOS interview in Denver. Biometrics also done today! (Interviewing officer ordered them.)

Apr 25 Green card received

2008

Removal of conditions

March 17 Refiled using new I-751 form

April 16 Biometrics done

July 10 Green card production ordered

2009

Citizenship

Jan 20 filed N400

Feb 04 NOA date

Feb 24 Biometrics

May 5 Interview - Centennial (Denver, Colorado) Passed

June 10 Oath Ceremony - Teikyo Loretto Heights, Denver, Colorado

July 7 Received Passport in 3 weeks

Shredded all immigration papers Have scanned images

Filed: Timeline
Posted (edited)

ajames,

For an immigrant visa or adjustment of status the I-864 is rather definitive - income of 125% of the poverty level, assets that can be converted to cash within 1 year can be used to make up a shortfall of income in the ratio of $5 worth of assets to $1 of income.

For a non-immigrant visa the requirement of meeting the public charge provisions of the law is rather more subjective. To quote 9 FAM 40.41 Notes, N4, "These factors, and any other factors thought relevant by a consular officer in a specific case, make up the "totality of the circumstances" that the officer must consider when making a public charge determination." It's not so simple as earning 100% of the poverty level.

Yodrak

Hey Guys, once again I am hung up on the whole poverty line thing.

I understand that for the K-1 that you need to be 100% above the line.

I understand that for AOS you need to be about 125% above the line...

But...Does this include documents from your savings and other Cds and investments...or is this strictly your working income??

I can get all of this adjusted before the AOS interview which I might as it is way in the future as we haven't even done or K-1 yet...I am lucky enough to be able to pick my own salary...however I just want to be sure.

I could also be posting in the wrong forum...sorry if so.

Thanks in advance~ :star:

Edited by Yodrak
Posted
ajames,

For an immigrant visa or adjustment of status the I-864 is rather definitive - income of 125% of the poverty level, assets that can be converted to cash within 1 year can be used to make up a shortfall of income in the ratio of $5 worth of assets to $1 of income.

For a non-immigrant visa the requirement of meeting the public charge provisions of the law is rather more subjective. To quote 9 FAM 40.41 Notes, N4, "These factors, and any other factors thought relevant by a consular officer in a specific case, make up the "totality of the circumstances" that the officer must consider when making a public charge determination." It's not so simple as earning 100% of the poverty level.

Yodrak

Hey Guys, once again I am hung up on the whole poverty line thing.

I understand that for the K-1 that you need to be 100% above the line.

I understand that for AOS you need to be about 125% above the line...

But...Does this include documents from your savings and other Cds and investments...or is this strictly your working income??

I can get all of this adjusted before the AOS interview which I might as it is way in the future as we haven't even done or K-1 yet...I am lucky enough to be able to pick my own salary...however I just want to be sure.

I could also be posting in the wrong forum...sorry if so.

Thanks in advance~ :star:

Thank you so much!!

I wish I could get over this sence of panic I seem to get on different topics every few days or so!! :)

All You Need Is Love...

*The Beatles*

I am a wife!! Whoa this is weird!

Filed: AOS (apr) Country: Colombia
Timeline
Posted
ajames,

For an immigrant visa or adjustment of status the I-864 is rather definitive - income of 125% of the poverty level, assets that can be converted to cash within 1 year can be used to make up a shortfall of income in the ratio of $5 worth of assets to $1 of income.

For a non-immigrant visa the requirement of meeting the public charge provisions of the law is rather more subjective. To quote 9 FAM 40.41 Notes, N4, "These factors, and any other factors thought relevant by a consular officer in a specific case, make up the "totality of the circumstances" that the officer must consider when making a public charge determination." It's not so simple as earning 100% of the poverty level.

Yodrak

Hey Guys, once again I am hung up on the whole poverty line thing.

I understand that for the K-1 that you need to be 100% above the line.

I understand that for AOS you need to be about 125% above the line...

But...Does this include documents from your savings and other Cds and investments...or is this strictly your working income??

I can get all of this adjusted before the AOS interview which I might as it is way in the future as we haven't even done or K-1 yet...I am lucky enough to be able to pick my own salary...however I just want to be sure.

I could also be posting in the wrong forum...sorry if so.

Thanks in advance~ :star:

Ditto

Johanna & Peter

Colombia / U.S.A.

I-129F / K-1 Fiancee Visa

08-20-02 - Met Johanna in Armenia, Colombia

10-05-05 - K-1 Sent to TSC

10-14-05 - Received NOA1 by E-Mail (Day 9)

12-22-05 - Reveived NOA2 By E-Mail & Mail (Day 78)

03-03-06 - Interview Date! (Day 149) Approved

03-10-06 - Johanna Arrived

05-27-06 - Married

I-485 / AOS (Did not applied for EAD or AP)

06-05-06 - Sent I-485 application to Chicago via USPS (Day 1)

06-06-06 - AOS Package Delivered at 12:29PM

06-12-06 - Received NOA1 by Mail

06-14-06 - Check Cashed

06-22-06 - Received Appointment Notice for Biometrics

06-26-06 - "Request for Additional Evidence" Online, waiting for letter

06-29-06 - Biometrics Done!

06-30-06 - Received RFE Letter by mail. (Missing Birth Certificate)

07-10-06 - Sent RFE by Express Mail USPS

07-11-06 - RFE Delivered @ 10:54AM Sign by D. Atwell

08-28-06 - AOS Transferred to CSC E-mail & USCIS Website (Day 85)

08-30-06 - Touched #1

08-31-06 - Touched #2

08-31-06 - E-Mail from CRIS & USCIS-CSSO - CSC received AOS Application

09-01-06 - Touched #3

09-01-06 - NOA by Mail Regarding Transfer to CSC

09-05-06 - Touched #4

09-07-06 - Touched #5

09-13-06 - Touched #6

09-15-06 - AOS Approved by Online Status & E-mail

09-21-06 - Received GC and Welcome Letter (Day 109)

 
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