Household Sponsor and Poverty Level Questions (merged)

[Anh map 2,098]

Yeah, could I claim my mother who is on disabilty benefits as a dependant on my taxes for this year? Would this be a bad idea for the K-1 case?

That would raise your household count to 3. And you cannot combine incomes with the I-134.

[PolarBearCBB 1]

1. When trying to see if the petitioner can meet the 125% level, do you look at the income with taxes or without taxes? I wanted to know for sure, because its a huge difference.

2. So I have a permanent-long term job earing $15,360.00 a year. But i've held this job for about 3 months now. Its permanent, I even have a statement saying that. My taxes return will be first one I've ever had, becuase I don't have any previous tax returns, so will this be a problem?3.

3. I am aware that I don't meet the 125% of poverty level for a household size of 2. So I decided I will try to get a part-time job, would it help? I'd be earning about $20,000.00 a year.

4. So I wanted to get an apartment for the K-1 case. Then after she arrives then move in with family, because it would save a lot of money. My question about this, is that not a good idea, and if it's "OK" how do you go about doing that or would USCIS have a problem with it?

[AB loves AG 54]

1. When trying to see if the petitioner can meet the 125% level, do you look at the income with taxes or without taxes? I wanted to know for sure, because its a huge difference. ******they look at gross income, before taxes are taken out.

2. So I have a permanent-long term job earing $15,360.00 a year. But i've held this job for about 3 months now. Its permanent, I even have a statement saying that. My taxes return will be first one I've ever had, becuase I don't have any previous tax returns, so will this be a problem? ******shouldnt be a problem that's it's your 1st tax return, as you state below you'll need to earn more to need the poverty guidelines or you'll need a co sponsor.

3. I am aware that I don't meet the 125% of poverty level for a household size of 2. So I decided I will try to get a part-time job, would it help? I'd be earning about $20,000.00 a year. ******Yes that will help to get you above the guidelines. If you file quickly after getting that job, and since you've only had the permanent job 3 months, I'm not sure how USCIS will view that. I'll let someone else speak to that.

4. So I wanted to get an apartment for the K-1 case. Then after she arrives then move in with family, because it would save a lot of money. My question about this, is that not a good idea, and if it's "OK" how do you go about doing that or would USCIS have a problem with it?******getting a apartment will not help your case. Stay with family to save $. You'll need it for the adjustment of status phase.

[PolarBearCBB 1]

1. When trying to see if the petitioner can meet the 125% level, do you look at the income with taxes or without taxes? I wanted to know for sure, because its a huge difference. ******they look at gross income, before taxes are taken out. Thanks

2. So I have a permanent-long term job earing $15,360.00 a year. But i've held this job for about 3 months now. Its permanent, I even have a statement saying that. My taxes return will be first one I've ever had, becuase I don't have any previous tax returns, so will this be a probl em? ******shouldnt be a problem that's it's your 1st tax return, as you state below you'll need to earn more to need the poverty guidelines or you'll need a co sponsor. Thanks

3. I am aware that I don't meet the 125% of poverty level for a household size of 2. So I decided I will try to get a part-time job, would it help? I'd be earning about $20,000.00 a year. ******Yes that will help to get you above the guidelines. If you file quickly after getting that job, and since you've only had the permanent job 3 months, I'm not sure how USCIS will view that. I'll let someone else speak to that.

4. So I wanted to get an apartment for the K-1 case. Then after she arrives then move in with family, because it would save a lot of money. My question about this, is that not a good idea, and if it's "OK" how do you go about doing that or would USCIS have a problem with it?******getting a apartment will not help your case. Stay with family to save $. You'll need it for the adjustment of status phase. Thanks. But then, I would need to make $25,113.00 a year. I've been having trouble convincing our joint sponsor, she has said she wants to speak with her attorney first.

[NikLR 13,227]

You don't count people in your household count just because you live at the same residence. It's based on taxes.

[PolarBearCBB 1]

You don't count people in your household count just because you live at the same residence. It's based on taxes.

Ohh!! Could you explain in more detail?? My mother doesn't pay taxes she is on disabilty benefit. However she has been wholeheartedly supportive of my case, and wanted to help anyway possible.

[aleful 1,905]

hi

it doesn't matter how many people live in the same house, unless you claimed your mom in your taxes as your dependent

if not, so even if there were 10 people living in the same house, as long as you did not claim them in your taxes, your household size will always be 2

[PolarBearCBB 1]

hi

it doesn't matter how many people live in the same house, unless you claimed your mom in your taxes as your dependent

if not, so even if there were 10 people living in the same house, as long as you did not claim them in your taxes, your household size will always be 2

This is awesome news!! I I can't begin to tell you how frustrated I've been believeing I had to count my mother as part of my household. :cry:I've been staying up nights trying to figure out what to do, and being so frustrated because I couldn't get anyone to be a joint sponsor. Watched my girlfriend cry on skype too much when we started learning of what we thought was bad news, and I told her that I defnitely wouldn't give up. Now I can't wait to tell my girlfriend of the awesome news.

[aleful 1,905]

hi

congrats to the both of you and keep us posted

[Villanelle 4,122]

Hmm well heres how it is-

You didnt post a lot of specific information so its hard to give you specific answers. Im going to assume you are young. Mostly because you say getting an apartment. This leads me to believe you do not currently live on your own. Perhaps with parents or college dorm? You also state you never filed taxes before. So most likely your parents claimed you (or no one claimed you if your mom doesnt file). That also means this is your first job ever or the first one that you earned enough to file.

You currently earn apx 15k. You believe you can get a second job and boost your income to apx 20K. The 2015 poverty guidelines state for family of 2 you need 19,912. These guidelines are in effect until March 1 2016. Then it gets updated based on the new poverty levels. Its not going to go up that much. For 2014 it was 19,662- so you can see it moves up very little. Guesstimating the new min is going to be around 20,200- but thats just a guess.

I am comfortable however in saying 20K is most likely not going to be enough with the new guidelines. For it to be 20K that would mean it went up from 19912 to 20 even. Its unlikely to only have an 88 dollar increase. You need to shoot for income of 20,500 or 21 to be safe.

The second issue- youve only had the job for 3 months and have no prior work history. When people are right at the poverty level it makes it harder. Yes, these are guidelines with specific income minimums BUT approval of the form is based on their discretion.

You need to show you have at least the min income and that the income is stable and will continue. One way they determine this is by looking at your history. You unfortunately have none. Youve been at the job a very short time (3 months)- granted it will be longer when you actually do submit the form so that will help but its still less then a year.

Im not saying all hope is lost and you will be denied though. There are many ways people strengthen their applications. The first thing to look at is why you didnt have income before or why it was not sufficient. Sometimes an explanation makes a difference. For example a student who was obtaining a degree may not have any income. However now that they graduated and are working with it they do.

This can be tremendously helpful. If you have a degree in a field you can submit proof of it with your explanation. This shows you are qualified and able to work at a specific level. It shows you have the qualifications to obtain employment on a steady basis for the future. If your job is an entry level job with no previous skills needed this is not going to apply.

If you are in that situation the best you can do is obtain a letter from your employer detailing specific training they gave you for the job. Having it say you are being groomed for advancement helps. For example if you were a cashier they can point out the training you did with their specific store systems and potential job advancements into management that you are eligible for and they hope to extend to you. Saying something general like you are on track to advance is not an outrageous thing to ask them to write. It doesnt promise they are advancing you so many will write it as you ask.

But again- just because you squeak by the income requirements doesnt guarantee an approval. They can still come back and ask for a co-sponsor if they feel your income is not stable.

Another option- which this gets a bit complex but review the instructions for the form:

Item Number 7. This question gives you the option of including certain other non-dependent relatives who are living

in your residence as part of your household size. Such relatives may include your mother, father, sister, brother or adult

children, if they are living in your residence. However, the only reason to include these relatives in your household size

is if you need to include their income when you calculate your household income for purposes of meeting the income

requirement for this affidavit. To be considered, any relative included in this category must sign and submit Form I-864A,

Contract Between Sponsor and Household Member.

Generally speaking your household size is who you claim on taxes or support- but you have the option of including others as explained above. So if you want to use the income from qualifying others they have to be included in the household size. This will obviously raise your household size but it will also let you combine your income with theirs to meet the total. Where as a co-sponsor has to meet the requirements on their own or with help from their household members- it doesnt combine with yours.

Also relevant to the above- you stated your mother is on disability. Disability itself is counted (SSDI) however supplemental security income (SSI) is NOT. Again, since it is discretionary results vary. Many have gotten rejected using SSDI and many have gotten approved.

As for your living situation- theres nothing wrong with living with family. Lots of people do it. What they do run into however is problems obtaining things for proof of bonafides like leases/home ownership or utility bills. This is remedied by either having a lease made up from whoever you are living with (referencing utilities are included) and then proof of said payments. OR simply a letter stating you are residing there and do/do not pay rent and or utilities along with other supporting documents.

[NikLR 13,227]

Damara... OP lives with their mother who doesn't file taxes because they're on disability. Just to fill in that bit of info for you.

[PolarBearCBB 1]

So, after my Fiancee arrives in the US, how long will it take to get her green card, and how long must I remain over the poverty level 125% for household of 2 for 2016... (working two jobs) before I can safely quit the 2nd job, because we truly wouldn't need the extra money anyways. I basically just want to know how long I must work a 2nd job and stay over the poverty level.

Many thanks!

[aleful 1,905]

hi

that will take a while. first she enters, then you get married within the 90 days, after you are married she applies for adjustment of status,

the packet will include the work permit, which can take up to 90 days to be received, so don't quit your second job yet

and then of course, she has to find a job. once she gets the EAD work permit, she also has to get the social security number

until she gets the GC you must show at the interview that she will not become a public charge

[PolarBearCBB 1]

hi

that will take a while. first she enters, then you get married within the 90 days, after you are married she applies for adjustment of status,

the packet will include the work permit, which can take up to 90 days to be received, so don't quit your second job yet

and then of course, she has to find a job. once she gets the EAD work permit, she also has to get the social security number

until she gets the GC you must show at the interview that she will not become a public charge

Okay so is there a temporary green card or just a green card? Is there only one interview for the green card? I presume it takes like several months after she arrives for the interview to occur?

[Penguin_ie 5,993]

Yes, several months. She will get a 2 year greencard and then you Remove Conditions for the 10 year greencard.