Cutting it close for AOS requirement

[NikLR 13,227]

Just now, Mrsjackson said:

NikLR has already said this - it is your current income that they will look at. Provide pay stubs and such. My husband is self employed and so we use the tax number from the prior year. Employees use their current income. 

 

That being said, have any VJer’s ever come across a case where someone was denied when their income was only just above the poverty line? 

Yes.

 

Depends on the totality of circumstances.  For instance if you live in NYC and make just above the 125% poverty guideline, they're gonna deny you for public charge.  It would be impossible to live on that in that area.  But in Alabama or Oklahoma? Yeah you'd get by on that just fine. 

 

I know we're not everyone but we can live on a single income.  I don't HAVE to work financially speaking.  But we wouldn't have some of our toys, and we wouldn't do anything fun.  And I'd be a crazy person.  So there's that. LOL

[Mrsjackson 300]

25 minutes ago, NikLR said:

Yes.

 

Depends on the totality of circumstances.  For instance if you live in NYC and make just above the 125% poverty guideline, they're gonna deny you for public charge.  It would be impossible to live on that in that area.  But in Alabama or Oklahoma? Yeah you'd get by on that just fine. 

 

I know we're not everyone but we can live on a single income.  I don't HAVE to work financially speaking.  But we wouldn't have some of our toys, and we wouldn't do anything fun.  And I'd be a crazy person.  So there's that. LOL

Yes, that makes sense that they would factor in where you live

[Bengoj 133]

3 hours ago, Mrsjackson said:

Yes, that makes sense that they would factor in where you live

 

4 hours ago, NikLR said:

Yes.

 

Depends on the totality of circumstances.  For instance if you live in NYC and make just above the 125% poverty guideline, they're gonna deny you for public charge.  It would be impossible to live on that in that area.  But in Alabama or Oklahoma? Yeah you'd get by on that just fine. 

 

I know we're not everyone but we can live on a single income.  I don't HAVE to work financially speaking.  But we wouldn't have some of our toys, and we wouldn't do anything fun.  And I'd be a crazy person.  So there's that. LOL

I understand. My average salary is way above $34,000 any other year. (I live in Washington DC area). Cost of living is high just like NY.  The reason for my income being so low was due to traveling to see my husband for 5 months last year.  I thought they look at TY 2018 because that is what is asked on the i864. It says nothing about current income. 

[NikLR 13,227]

12 minutes ago, Gojo said:

 

I understand. My average salary is way above $34,000 any other year. (I live in Washington DC area). Cost of living is high just like NY.  The reason for my income being so low was due to traveling to see my husband for 5 months last year.  I thought they look at TY 2018 because that is what is asked on the i864. It says nothing about current income. 

yes it does. 

 

Part 5, no 7.  

Part 6 no 20. 

[NikLR 13,227]

so your pay stubs should be able to provide the evidence, along with other past years of income, not 2018, showing your income is normally much higher than 2018.

 

On my husband's I-864ez (we didn't use a joint sponsor so used the ez version... I suggest you do so if you can) his middle year was low, but he was deployed for 6 months and that income isn't taxed so doesn't show up on the tax transcript as taxable income. 

[Bengoj 133]

1 minute ago, NikLR said:

yes it does. 

 

Part 5, no 7.  

Part 6 no 20. 

Ok that should be a relief. Thanks!  I’ve been reading other forums and see that they are requesting tax return transcripts but if they are basing it on current income, what I’m making now, than I should be fine. 

[Bengoj 133]

2 minutes ago, NikLR said:

so your pay stubs should be able to provide the evidence, along with other past years of income, not 2018, showing your income is normally much higher than 2018.

 

On my husband's I-864ez (we didn't use a joint sponsor so used the ez version... I suggest you do so if you can) his middle year was low, but he was deployed for 6 months and that income isn't taxed so doesn't show up on the tax transcript as taxable income. 

Ok thanks!  Prior years show more. I was just concerned with 2018 because of all the time I spent outside of the country. 

[NikLR 13,227]

6 hours ago, Gojo said:

Ok that should be a relief. Thanks!  I’ve been reading other forums and see that they are requesting tax return transcripts but if they are basing it on current income, what I’m making now, than I should be fine. 

You do need to provide at least 1 year of tax return transcripts.  

[Bengoj 133]

Just now, NikLR said:

You do need to provide at least 1 year of tax return transcripts.  

Yes I will submit 2016/2017/ and 2018. My only problem was 2018 income was a bit low because I left the country for 5 months. 2016/2017 will show higher wages. 

[USS_Voyager 1,972]

41 minutes ago, Gojo said:

Yes I will submit 2016/2017/ and 2018. My only problem was 2018 income was a bit low because I left the country for 5 months. 2016/2017 will show higher wages. 

As mentioned, you're basically a wobbler because yes, you're higher then the minimum, but you also live in DC. What is your current income if you work the whole year? Say it's $55,000. That's still barely making it for a family of 4 in the DC area. If I were the CO, I would give it to you because I believe the husband will be able to find a job, and whatever it is, it'll be ok. I would like to see some savings to cover the initial months when he just gets to the US and starting to find a job. 

 

 

[Bengoj 133]

I have 2 jobs so my income is over $55000 but that shows in 2017 and prior. I say household of 4 including husband but in actuality it’s only myself, my 2 sons live with their dad. I guess I still have to include them. 

[Bengoj 133]

10 minutes ago, USS_Voyager said:

As mentioned, you're basically a wobbler because yes, you're higher then the minimum, but you also live in DC. What is your current income if you work the whole year? Say it's $55,000. That's still barely making it for a family of 4 in the DC area. If I were the CO, I would give it to you because I believe the husband will be able to find a job, and whatever it is, it'll be ok. I would like to see some savings to cover the initial months when he just gets to the US and starting to find a job. 

 

 

 

11 minutes ago, USS_Voyager said:

As mentioned, you're basically a wobbler because yes, you're higher then the minimum, but you also live in DC. What is your current income if you work the whole year? Say it's $55,000. That's still barely making it for a family of 4 in the DC area. If I were the CO, I would give it to you because I believe the husband will be able to find a job, and whatever it is, it'll be ok. I would like to see some savings to cover the initial months when he just gets to the US and starting to find a job. 

 

 

I have 2 jobs so my income is over $55000 but that shows in 2017 and prior. I say household of 4 including husband but in actuality it’s only myself, my 2 sons live with their dad. I guess I still have to include them. 

[USS_Voyager 1,972]

8 minutes ago, Gojo said:

 

I have 2 jobs so my income is over $55000 but that shows in 2017 and prior. I say household of 4 including husband but in actuality it’s only myself, my 2 sons live with their dad. I guess I still have to include them. 

Well, hold on. Does your sons' dad have custody of them? Do they live with the Dad 100%. Do you pay child support ?

[Bengoj 133]

29 minutes ago, USS_Voyager said:

Well, hold on. Does your sons' dad have custody of them? Do they live with the Dad 100%. Do you pay child support ?

He has custody. They live with him 100%. He files them on his taxes. I do not have child support. We have a mutual agreement 

[USS_Voyager 1,972]

15 minutes ago, Gojo said:

He has custody. They live with him 100%. He files them on his taxes. I do not have child support. We have a mutual agreement 

 

Then why would you count your household size as 4. It should be 2. Does anyone else think differently?