Per Diem Pay - AOS I864

[chioparis 15]

My USC husband is peitioning for his mother. He is a truck driver so his income is a little strange. There are 4 of us in the household and the 125% Poverty guidelines is ~ 30,800. His employer provided the letter of employment below, do you guys think USCIS will be ok with this? (Notice how Gross compensation vs Grand total compensation has a $10k difference)

"To whom it may concern:

This letter is to clarify that XXXXXXXXXXXXX is currently working for XXXXXXXXX. XXXXXXXX was hired March 11, 2014. XXXX is participating in the Per Diem Pay Program that the federal government has allowed for "Over-the-road" truck drivers. Due to the nature of this program, which allows travel expenses to be written off and be tax-free, XXXXXX Jgross pay has been lowered by $0.14 per mile for every mile he has driven while being on Per Diem. XXXXXXX has had the following gross earnings and per diem reimbursements for:

2015

Gross Compensation: $25,835.13

Per Diem Reimbursement: $10,246.08

Grand Total Compensation: $36,081.21

If you have any questions and/or concerns concerning this matter, please feel free to contact me

XXXXX xxxxxxx

000-000-0000"

[DaveyBenson 1]

When providing proof spousal support, I fell short of the "poverty level" requirement. Then there is a second option of providing proof of net worth in access of the amount that you fall short. I was able to provide proof of additional net worth to make up for difference between my income and the poverty level minimum. (it's a bit harder route to take, but it can be done, my spousal support affidavit was about 40 pages worth of evidence, S-corp returns are never simple)

[chioparis 15]

Thanks, he makes more than required if they take into account the per diem allotment however it is non-taxable that's why I'm questioning if they are going to go with gross vs total compensation.

[DaveyBenson 1]

I tend to error on the side of providing too much information rather than not enough, so if it were me, I'd include everything even non taxable items. It is my understanding as explained to me by my immigration attorney that the main purpose of the support affidavit is to insure that the spouse entering into the country will not be requiring the financial support of the state. That was specific for my case anyway, I would think the same would apply for any other relative entering the country. So the more proof one can provide of financial stability, the better off one is. But that is only my opinion. Best of luck on the paperwork.

Edited March 25, 2016 by DaveyBenson

[chioparis 15]

My concern is USCIS won't count per diem reimbursement as part of his income and therefore he would fall short. I guess I'll have to send it in and find out.

[Anh map 2,098]

What does line 22 of his tax return say?

[chioparis 15]

We file jointly, but to answer your question $25k is the amount listed in his W2, that's the only taxable income.

[Anh map 2,098]

If he receives a W2 then he is not self-employed. Per diem is not income, it is reimbursement for business expenses.

What the sponsor needs to show is current and continuing income that meets the requirement. Typically this is with an employer letter confirming salary/wage rate and recent paystubs. The letter you posted is about past earnings, not current and continuing.

If he is earning the same "base" as last year then I don't think you will meet the requirement for a family of 4.