affidavit of support

[JP87 1]

Hey everyone,

I am in the process of filling in the paperwork for form I-864ez. The form claims I need to have the salary that has been set by Form I-864P (https://www.uscis.gov/i-864p). I am a little confused by the website though. The affidavit of support says my annual income needs to be greater than 125% of the federal poverty guidelines for my household size. So according to the website, my household would be 2. I need more than $20,575 for my annual individual income to be okay? Or is that value  my adjusted gross income via IRS? 

[geowrian 22,338]

You need at least 125% of the federal poverty level for your household size in current income. For a household size of 2 in the continental US, this is $20,575.

The CO makes the public charge decision based on the totality of the circumstances. Somebody could make over $50,000/year and be denied if there is reason to believe the beneficiary would become a public charge. Somebody else can be approved at exactly $20,575 in income.

 

If you are a W-2 employee, then current income is based on how much you make in a 12 month period, and is evidenced via your paystubs + an employments. If you are self employed, then your tax returns show your current income.

 

At least the most recent year's tax return is required to be submitted either way.

[JP87 1]

40 minutes ago, geowrian said:

The CO makes the public charge decision based on the totality of the circumstances. Somebody could make over $50,000/year and be denied if there is reason to believe the beneficiary would become a public charge. Somebody else can be approved at exactly $20,575 in income.

That does not make me feel any better. I am in the process of trying to decide between the I-864ez and the standard I-864. The beneficiary would be my wife. The main difference between the two forms is one allows me to add additional people to my household, which enlarges the money in the household. 

 

Do you have a recommendation? 

[pushbrk 13,254]

9 minutes ago, JP87 said:

That does not make me feel any better. I am in the process of trying to decide between the I-864ez and the standard I-864. The beneficiary would be my wife. The main difference between the two forms is one allows me to add additional people to my household, which enlarges the money in the household. 

 

Do you have a recommendation? 

That would depend on whether your personal income is enough to qualify.  If not, you cannot use the EZ version anyway.  If you need to combine income with another qualifying household member, then your household size and income requirements increase.  

 

If you have questions ask them.  Don't expect the members to guess what you want to know.

[geowrian 22,338]

14 minutes ago, JP87 said:

That does not make me feel any better. I am in the process of trying to decide between the I-864ez and the standard I-864. The beneficiary would be my wife. The main difference between the two forms is one allows me to add additional people to my household, which enlarges the money in the household. 

 

Do you have a recommendation? 

It is what it is...

 

You can add a family member's (spouse/parent/18+ child/sibling) income/assets if they reside in the same residence as you via an I-864A. The household size (and therefore minimum income requirement) would also increase based on the number of people added as a household member.

This really depends on if your own income qualifies or not.

Edited September 24, 2018 by geowrian

[JP87 1]

2 minutes ago, pushbrk said:

That would depend on whether your personal income is enough to qualify.  If not, you cannot use the EZ version anyway.  If you need to combine income with another qualifying household member, then your household size and income requirements increase.  

 

If you have questions ask them.  Don't expect the members to guess what you want to know.

Technically, I am still waiting on the notification that claims the national visa processing center has received my petition and I can now pay the fees and start the visa processing paperwork. I do not have a method of communication with them at this time. I am simply trying to start the documentation now because of my lack of time. I prefer not to rush so I try to do things early.

 

Also, I do understand that the other members cannot guess my current situation and may even feel uneasy about providing me their opinions. However, the chance that someone has a legitimate opinion or experience of how they picked could help me decide. For instance, I make over the 50k per year as Geowrian put as an example. But, he also claimed you can still get denied if you make over the amount. I do not understand how if you fit over the baseline 125% criteria that you could still be denied. 

[pushbrk 13,254]

4 minutes ago, JP87 said:

Technically, I am still waiting on the notification that claims the national visa processing center has received my petition and I can now pay the fees and start the visa processing paperwork. I do not have a method of communication with them at this time. I am simply trying to start the documentation now because of my lack of time. I prefer not to rush so I try to do things early.

 

Also, I do understand that the other members cannot guess my current situation and may even feel uneasy about providing me their opinions. However, the chance that someone has a legitimate opinion or experience of how they picked could help me decide. For instance, I make over the 50k per year as Geowrian put as an example. But, he also claimed you can still get denied if you make over the amount. I do not understand how if you fit over the baseline 125% criteria that you could still be denied. 

Because they consider the totality of circumstances.  If are and have been steadily employed making more than double the minimum required income, the EZ version is a no-brainer choice.  Don't overthink it.

[geowrian 22,338]

2 minutes ago, JP87 said:

Also, I do understand that the other members cannot guess my current situation and may even feel uneasy about providing me their opinions. However, the chance that someone has a legitimate opinion or experience of how they picked could help me decide. For instance, I make over the 50k per year as Geowrian put as an example. But, he also claimed you can still get denied if you make over the amount. I do not understand how if you fit over the baseline 125% criteria that you could still be denied. 

The CO makes a decision based on all the circumstances known to him/her. For instance, $50k in my area (very low cost of living) is quite a bit. $50k for somebody living in NYC is more likely to struggle due to a higher cost of living.

Things like ongoing medical costs not covered by insurance, a lackluster employment history, the petitioner having regularly been on public assistance, etc. are all factors as well.

The point is that the 125% level is only a minimum amount. Below that and the visa cannot be issued (without a satisfactory joint sponsor or household member agreement). Above that amount and you may qualify.

 

As stated above, don't overthink it. $50k is likely sufficient barring unusual circumstances that imply otherwise. But nobody can guarantee what is sufficient or not either.

[JP87 1]

Thank you both for the information