i-864 *RIGHT* On The Cusp of 125%

[TJL 89]

If a petitioner/sponsor's "Total Income" per IRS transcript is literally a few dollars over the HHS Poverty Guideline, but his total income before business losses is well-above the amount, what's the likelihood of being approved, provided substantial evidence is available to verify regular income well-above the limit?

 

Thanks!

[Mrsjackson 300]

They won’t consider the amount before deductions. It’s the total income number. 

[TJL 89]

Just now, Mrsjackson said:

They won’t consider the amount before deductions. It’s the total income number. 

Correct.  I understand this.  My question is as long as the total income, after deductions, meets or exceeds the guideline, I'm good, right?  

 

For example, if the guideline states $37,712, and my total income, after deductions shows $37,750, I should have no problems because I meet the guideline, yes?

[Jeanne Adil 1,651]

country dependent a lot of time

morocco looks at the taxable amount not the gross 

and this is why some think they satisfy the income requirements and are surprised when asked to get a 

cosponsor

 

but there are so many other factors like the beneficary's education and ability to work without becoming a public charge in the US

and can you provide health care insurance thru your work (or afford it)

there are so many other factors too many to go into 

Edited April 17, 2019 by adil-rafa

[aaron2020 11,651]

1 minute ago, ThomasLyon said:

Correct.  I understand this.  My question is as long as the total income, after deductions, meets or exceeds the guideline, I'm good, right?  No.

 

For example, if the guideline states $37,712, and my total income, after deductions shows $37,750, I should have no problems because I meet the guideline, yes?  No.

Meeting the minimum income is just part of it.  The US Government looks at the Totality of Circumstances to see if you meet the I-864 financial requirements to overcome the likelihood that the immigrant would be a public charge.  They want to see how reliable is that income.

[Mrsjackson 300]

2 minutes ago, ThomasLyon said:

Correct.  I understand this.  My question is as long as the total income, after deductions, meets or exceeds the guideline, I'm good, right?  

 

For example, if the guideline states $37,712, and my total income, after deductions shows $37,750, I should have no problems because I meet the guideline, yes?

No one can really say for sure. Obviously, the more the better. I wish I could tell you that meeting the amount (even if only barely) means it’s a done deal, but that’s not the case. It’s at the officer’s discretion, and they consider a number of factors (age, health, education, etc.).

[TJL 89]

All good information.  Thank you.

[VNN 147]

Just now, ThomasLyon said:

Correct.  I understand this.  My question is as long as the total income, after deductions, meets or exceeds the guideline, I'm good, right?  

 

For example, if the guideline states $37,712, and my total income, after deductions shows $37,750, I should have no problems because I meet the guideline, yes?

Generally, it is fine. However, officer has right to reject or accept I-864 when he/she looks into your circumstance. As your case just reaches the level, probably no one can be sure 100% you are okay. However, you can ask for co-sponsor to make it safer.

 

There are factors: past earning, current earning, and future (potential) earning. W-2, self-employed, or mixed will be looked differently.

 

 

[TJL 89]

1 minute ago, VNN said:

Generally, it is fine. However, officer has right to reject or accept I-864 when he/she looks into your circumstance. As your case just reaches the level, probably no one can be sure 100% you are okay. However, you can ask for co-sponsor to make it safer.

 

There are factors: past earning, current earning, and future (potential) earning. W-2, self-employed, or mixed will be looked differently.

 

 

Great news, thank you.

 

I started a business several years ago, and we've been taking losses for a couple years while getting ramped up.  I work a full time job that pays well over the 125%, but my business losses were significant enough to drop me to RIGHT above the 125% level. 

 

 

[TJL 89]

7 minutes ago, VNN said:

Generally, it is fine. However, officer has right to reject or accept I-864 when he/she looks into your circumstance. As your case just reaches the level, probably no one can be sure 100% you are okay. However, you can ask for co-sponsor to make it safer.

 

There are factors: past earning, current earning, and future (potential) earning. W-2, self-employed, or mixed will be looked differently.

 

 

Is co-sponsor income cumulative (combined with mine) to pass the 125%, or does the sponsor's individual income need to pass the 125% as well?

[VNN 147]

8 minutes ago, ThomasLyon said:

Is co-sponsor income cumulative (combined with mine) to pass the 125%, or does the sponsor's individual income need to pass the 125% as well?

Individual income with respected to co-sponsor’s household size.

[Mrsjackson 300]

10 minutes ago, ThomasLyon said:

Is co-sponsor income cumulative (combined with mine) to pass the 125%, or does the sponsor's individual income need to pass the 125% as well?

Not combined. Cosponsor needs to make the 125 for your household size on their own. 

[aaron2020 11,651]

34 minutes ago, ThomasLyon said:

Is co-sponsor income cumulative (combined with mine) to pass the 125%, or does the sponsor's individual income need to pass the 125% as well?

Your income can not be combined with anyone else's income.  The JOINT SPONSOR (learn the legal immigration terms) must make at least enough to cover the 125% poverty line for his household count and the intending immigrant.  

[TJL 89]

2 minutes ago, aaron2020 said:

Your income can not be combined with anyone else's income.  The JOINT SPONSOR (learn the legal immigration terms) must make at least enough to cover the 125% poverty line for his household count and the intending immigrant.  

Hi!  Thanks for your comment.  

 

Apologies for not using the legal immigration terms.  I was simply using the terms that were used by the folks who responded to this post.  (see above.)

 

Now I know.  Thank you!

[aaron2020 11,651]

5 minutes ago, ThomasLyon said:

Hi!  Thanks for your comment.  

 

Apologies for not using the legal immigration terms.  I was simply using the terms that were used by the folks who responded to this post.  (see above.)

 

Now I know.  Thank you!

No apologies needed.  

To be successful at this, you have to learn the correct terminology.  Immigration requires research and planning to understand how to navigate the process.  Exactly what you are doing right now.  You're learning.