Poverty Guideline

[KarloPajee 0]

Hello, I couldn't find any forms stating about this topic. My question is during the last two years, I made less than 20k due to school, but this year, I will be making more than 20k. Should I just print off my pay stubs for the last six months to prove that I'll be making more than 20k? Will this work for the poverty guideline? or will I get a denie for my k-1 visa form? Please help. thanks

Edited September 14, 2014 by kolanie

[dsldesch 27]

Hello, I couldn't find any forms stating about this topic. My question is during the last two years, I made less than 20k due to school, but this year, I will be making more than 20k. Should I just print off my pay stubs for the last six months to prove that I'll be making more than 20k? Will this work for the poverty guideline? or will I get a denie for my k-1 visa form? Please help. thanks

I don't have an exact answer, but I have gathered a few nuggets of information from others that might help.

1. Pay stubs are insufficient. You must also submit tax returns or, preferred, an IRS tax transcript.

2. They do not care about future earning potential, only what's current.

Your situation (and to a degree, mine as well) seems to fall into a grey area: the in-between of falling below and above the line. I'm not sure if a letter of continued employment (with annual salary/expected earnings) from your employer plus recent paystubs will show proof of generalized annual income (of course, you'd still need to file tax records regardless), or if it you must be at that earning rate for a year continuously. It seems silly to me to believe someone who's had constant earnings for a year is any less likely to be suddenly out of work relative to someone who has a similar job but has only been working for less than a year, but I suppose the longer employment would be stronger proof of your ability to support a spouse when the adjucator looks at your case.

If your supporting documents are sufficient, you may be able to file now (or in a short while?) so that you can have this year's taxes filed before the interview date, but with unpredictable processing times, deciding when to start the process may be hit-or-miss either way. However, before proceeding, it's worth hearing what more seasoned forum members suggest in situations like these. You may also simply need a co-sponsor to file sooner.

Edited September 14, 2014 by dsldesch

[KarloPajee 0]

I was employed from the last two years, which I'm still hired now which is a permenent job. I just started a new job this year since June 2014 which is a permenent job also which I make more than 20k/yearly. Should a letter from both employers with last 6 months pay stubs help. I'm really scared that my petition will be denied due to this. Thank you

[msbau764 245]

I heard pay stubs should be sufficient including a letter from an employer. Technically, it is a bit absurd to consider one year's worth of tax returns to determine one's income. If you have a job in 2013 and lose it in 2014, your earnings would be misrepresented by the 2013 tax return. Supplement your application with an affadavit of support. That is what I am doing. Some people apply for the visa with no job whatsoever, so the fact that you are employed is always positive.

[KarloPajee 0]

Thank you for all the replies. I'm so nervous now. I hope that my last 6 months of pay stubs help. Again, thank you.

[Dave&Roza 748]

Thank you for all the replies. I'm so nervous now. I hope that my last 6 months of pay stubs help. Again, thank you.

Get a letter from your current employer stating start date, position (i.e. title and full or part-time), and salary converted to an annual number. That plus the last few months worth of paystubs is enough. It is CURRENT income that matters. The only reason they ask for tax returns is for you to show that you have complied with the IRS' rules for either filing a tax return on world-wide income or why you are not required to file and thus need a co-sponsor. Plus it is a convenient way to check on salary history.

Good luck,

Dave

[KayDeeCee 4,893]

I don't have an exact answer, but I have gathered a few nuggets of information from others that might help.

1. Pay stubs are insufficient. You must also submit tax returns or, preferred, an IRS tax transcript.

2. They do not care about future earning potential, only what's current.

Your situation (and to a degree, mine as well) seems to fall into a grey area: the in-between of falling below and above the line. I'm not sure if a letter of continued employment (with annual salary/expected earnings) from your employer plus recent paystubs will show proof of generalized annual income (of course, you'd still need to file tax records regardless), or if it you must be at that earning rate for a year continuously. It seems silly to me to believe someone who's had constant earnings for a year is any less likely to be suddenly out of work relative to someone who has a similar job but has only been working for less than a year, but I suppose the longer employment would be stronger proof of your ability to support a spouse when the adjucator looks at your case.

If your supporting documents are sufficient, you may be able to file now (or in a short while?) so that you can have this year's taxes filed before the interview date, but with unpredictable processing times, deciding when to start the process may be hit-or-miss either way. However, before proceeding, it's worth hearing what more seasoned forum members suggest in situations like these. You may also simply need a co-sponsor to file sooner.

IRS transcripts are not really preferred. A copy of the tax return with all forms and W-2s and/or 1099s OR an IRS tax return transcript will work. Some consulates actually instruct people to bring the 1040 and W-2, such as Manila, where the OP will be interviewing.

Current annual income is not the same as future/potential earnings. Potential earnings are what you possibly could make in the future if you were employed at a job in your field, or a job offer for a position that you have not yet started. You can take what you earn weekly and multiply it by 52 weeks, or bi-weekly pay times 26, to get your current annual income. Pay stubs are not insufficient. Pay stubs along with a letter from the employer are what you need to prove your current annual income, unless self-employed.

Typically you will need the most recent tax return or transcript plus a letter from employer and/or recent pay stubs to go along with your I-134.

Also, the OP has already filed the petition. The financials are not sent with the I-129F petition, so the adjudicator will not have anything to do with the I-134 and supporting documents. The CO at the K-1 visa interview will have sole discretion in deciding if the foreign fiance(e) will become a public charge or not.

[Hank_ 9,174]

Hello, I couldn't find any forms stating about this topic. My question is during the last two years, I made less than 20k due to school, but this year, I will be making more than 20k. Should I just print off my pay stubs for the last six months to prove that I'll be making more than 20k? Will this work for the poverty guideline? or will I get a denie for my k-1 visa form? Please help. thanks

For two people the poverty guidelines 125% requirement is $19,662. USEM wants your most recent tax return (2013 currently) and a W-2. If you make $20k last year you are fine. You can include copies of the current pay stubs that you have, no harm in that for sure. Being you just started a new job an employment letter would be good also.

There is info for the K-1 process below in my sig... follow the flashing arrow.

Also for great info from others processing through Manila, jump over to the Philippines forum

http://www.visajourney.com/forums/forum/129-philippines/

Edited September 15, 2014 by Hank_