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meeting poverty guidelines

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Filed: K-1 Visa Country: Philippines
Timeline

I believe we have all of those...w2..itr..letter of emplyment..paystubs and bank statements :)

Whew!!! What a relief.....I just don't understand why they would tell us we are short, was is it just an honest mistake? But yeah whatever the reason is ...I'm just so glad to know that I Should have nothing to worry about...thanks so much guys :) to hank and tintin and mike steve b..and evryone thank u so much :)

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Filed: Other Country: Philippines
Timeline

Here

Excerpt:

Affidavit of Support For Fiancé(e), Spouse, or Child as a “K” Nonimmigrant

Income Requirements

You also must meet certain income requirements (whether you are a sponsor, a joint sponsor, or a substitute sponsor). You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size. (Your household size includes you, your dependents, any relatives living with you, and the immigrants you are sponsoring.)

If you, the sponsor, are on active duty in the Armed Forces of the United States, and the immigrant you are sponsoring is your spouse or child, your income only needs to equal 100% of the U.S. poverty level for your household size.

To see if you are above the poverty level, see the “Form I-864P” link to the right.

If You Can’t Meet the Minimum Income Requirements
If you cannot meet the minimum income requirements using your earned income, you have various options:

  • You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).
    • Exceptions:
      • If the person being sponsored is a spouse, or son/daughter (who is 18 years or older) of a U.S. citizen: The minimum cash value of assets must be three times the difference between the sponsor’s household income and 125% of the federal poverty guide line for the household.
      • If the person being sponsored is an orphan coming to the United States for adoption: The adoptive parents’ assets need to equal or exceed the difference between the household income and 125% of the federal poverty line for the household size.

hey hank.. I am unable to find this requirement.. where did you get it? I checked the 134 instructions, but don't see it there, I was under the impression it would follow the 864

I posted the info but did not quote back to you... look up a post or two.

Hank

"Chance Favors The Prepared Mind"

 

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“LET’S GO BRANDON!”

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

The are K-1 so 5 times IS correct.

unbelievable.. and on the 864 instructions if it is for a spouse or child it is 3X.. no wonder it is the misinformation department


8/16/2012 I-129F NOA1
11/8/2012 Married
1/3/2013 I-129F cancelled
1/29/2013 withdrawal notice received
2/5/2013 I-130 NOA1 with error on wife's name
Case status not available
2/5/2013 Unable to generate service request

3/13/2013 transferred to local office
3/26/2013 Service request generated
4/12/2013 Infopass, file in workflow March 28
4/19/2013 Case status available - APPROVED!

Detour to the NVC via NRC

For information on my detour and the steps I took to free my petition, check
"about me"

NVC

6/7/2013 NVC logs file as received

6/11/2013 Case number and IIN assigned

6/12/2013 DS-3032 emailed

6/13/21013 AOS paid

6/14/2013 DS-3032 emailed attention superuser (stupid me)

6/23/2013 DS-3032 emailed attention supervisor

6/24/2013 DS-3032 accepted

6/25/2013 IV bill generated and paid

07/06/2013 IV & AOS sent; 07/11/2013 NVC logs received

07/30/2013 IV Accepted; AOS Checklist

08/01/2013 AOS Checklist received

08/02/2013 AOS resent; 08/07/2013 NVC logs received

08/28/2013 Case Complete

09/10/2013 Interview date assigned

Embassy

08/14/2013 Medical; 08/19/2013 Medical Ready

08/07/2013 Police cert ordered (Fiji delivers straight to the embassy)

10/02/2013 Interview

xx/xx/2013 Visa in Hand

xx/xx/2013 POE Los Angeles International Airport

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Filed: Other Country: Philippines
Timeline

unbelievable.. and on the 864 instructions if it is for a spouse or child it is 3X.. no wonder it is the misinformation department

Yup spouse (IR/CR-1) and child are 3 times. Not sure why the difference with the K-1, after all they are married 90 days after arrival and are THEN spouse... its the government... :lol:

Hank

"Chance Favors The Prepared Mind"

 

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“LET’S GO BRANDON!”

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Retired or working doesn't matter, the guidelines are the same. You must meet or exceed 125% of the Poverty Guidelines, these numbers are listed on the I-864P. http://www.uscis.gov/files/form/i-864p.pdf

Now if you are not working, collecting SS income (which is not taxable unless certain limits are exceeded) you should get a benefits evidence letter, you can get this from MY SOCIAL SECURITY, simply log onto your account and it can be created from there and printed.

Between your SS income and your investments income you still need to show yearly income that meets OR exceeds the guidelines listed in the I-864P.

Now for me (yes I am retired) I have SS income plus a few others that are not taxable so I do not complete a tax return. Yes my wife (then fiancée) was approved without me presenting a tax return. You need to complete the worksheet in the 915 pamphlet this will show whether your income is taxable or not. (you will need to do this again with AOS as they want proof you income is not taxable).

Bring copies of the benefits evidence letters, statements from your investment accounts, bank statements and other account statements showing assets. If you exceed the requirements you will be fine.

Oh, if the petitioner can be there for the interview for sure go... its a great experience! Necessary? No.

Thanks for the answers.

At what age or circumstance is a dependent not consider for this purpose? I would assume that any 18yo would no longer be considered a dependent. Right?

Also, how will they consider a 20yo daughter of the Filipino mother? Is she considered a dependent and will be lumped into the equation to determine the 125%?

Here is a brake down of dependents. Who would be considered for the equation? Note; expected interview will be 10/2013.

My son is 20yo

My twin daughters are 17 now, 18you birthday is 3/2014

Her daughter is 20yo.

Her son is 11yo

Thanks

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Filed: Other Country: Philippines
Timeline

Thanks for the answers.

At what age or circumstance is a dependent not consider for this purpose? I would assume that any 18yo would no longer be considered a dependent. Right?

Also, how will they consider a 20yo daughter of the Filipino mother? Is she considered a dependent and will be lumped into the equation to determine the 125%?

Here is a brake down of dependents. Who would be considered for the equation? Note; expected interview will be 10/2013.

My son is 20yo

My twin daughters are 17 now, 18you birthday is 3/2014

Her daughter is 20yo.

Her son is 11yo

Thanks

If you do not claim your son on your tax return (which at 20 is doubtful) then he doesn't count, your daughters are still minors so as long as you are claiming them on your tax return they count.

As for our fiancée daughter and son, if you listed them on the I-129F petition and they are getting K-2 visas they also count.

Your income per the I-864P needs to meet or exceed the guidelines for a family of 6.

You will have to watch the birthday of your fiancée daughter, she needs to get the K-2 visa before she turns 21 if memory serves.

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

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If you do not claim your son on your tax return (which at 20 is doubtful) then he doesn't count, your daughters are still minors so as long as you are claiming them on your tax return they count.

As for our fiancée daughter and son, if you listed them on the I-129F petition and they are getting K-2 visas they also count.

Your income per the I-864P needs to meet or exceed the guidelines for a family of 6.

You will have to watch the birthday of your fiancée daughter, she needs to get the K-2 visa before she turns 21 if memory serves.

My son is not being claimed but the girls are, so they will be claimed for the income guidelines and not him.

Fiancée daughter and son are listed on the I-129F so they will be listed in the income guidelines.

Got it.

The fiancée daughter is 19 but her birthday is this month so she is still under the wire for another year and we expect our interview in Oct so things today look alright.

Thanks for the answers. Have a good day.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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