W-2 doesn't meet the criteria

[Olislusan 11]

Does anyone know the W-2 forms work when taken to the interview. My fiancée recently got theirs, however they've only been in this job for a few months so the total wages doesn't amount to meet the 125% criteria. Is anything else taken into account so there isn't a denial when it comes to the financial support. Do they take into consideration about the other earnings to come in the upcoming months? Or they will only accept the wages given from the recent W-2?

 

Also, what are the documents to gather for the the Affidavit of support? 

Edited January 21, 2020 by Olislusan
Title confusion

[Crazy Cat 41,836]

W2 statements reflect what was earned during the PREVIOUS tax year.  Current income is king when ability to financially support a new immigrant is considered.  That is why employment letters, current pay subs, etc. are used to prove current income.

[Pmta1 39]

If your last years' tax returns don't show the full amount of the salary because your partner started working partway through the year, you will have to find alternative methods to demonstrate that you two meet the 125% limits. As per FAM rules, you can show employment verification letters, pay stubs, etc. to show that you're actively employed and earning xx salary. 

[eirinlinn 105]

@OlislusanIf this is for your I-134 then If I understand correctly you only have to be at 100% poverty level in order to qualify as a financial sponsor, however when you are dealing with the I-864 it will need to be at least 125% to be able to qualify for financial sponsorship. I would rely on the current job and statements of wages on that job and bank statements since they probably only care about your sponsors current financial situation. 

[Ash.1101 1,756]

40 minutes ago, eirinlinn said:

@OlislusanIf this is for your I-134 then If I understand correctly you only have to be at 100% poverty level in order to qualify as a financial sponsor, however when you are dealing with the I-864 it will need to be at least 125% to be able to qualify for financial sponsorship. I would rely on the current job and statements of wages on that job and bank statements since they probably only care about your sponsors current financial situation. 

Most consulates will want 125% for the I-134 because there is no point of passing on someone at 100% if they can't pass 125% a few months later for AOS.  100% is the correct technically minimum requirement, but it is very rarely considered enough since K-1 allows discretion.

Current financial situation is important but also please note that you can still make over the 125% and still be considered not good enough depending on your situation. If you make 175% of the poverty level, but jump jobs every 6 months, there's a good chance you won't be approved without needing a cosponsor for the K-1 phase. It is all at the discretion of the interviewing officer.

Also for the OP, W2's are considered incomplete forms of financial proof. If you are providing anything tax related, you will want to provide tax returns (1040) AND W2's OR a tax transcript from the IRS. For proof of current income, you're looking at collecting paystubs and asking for a paynote stating how much is made annually.

Edited January 22, 2020 by Ash.

[geowrian 22,337]

4 hours ago, eirinlinn said:

in order to qualify as a financial sponsor

Yup, this piece is crucial to note as well.

Qualifying as a sponsor is part 1. Part 2 is demonstrating that the beneficiary will not become a public charge.

A qualifying sponsor is different that a suitable sponsor - I'm not saying either way in the OP's case...just pointing out that the CO makes a decision on the public charge piece based upon a totality of the circumstances, not just minimums to qualify for consideration.

[Kidayi 15]

On 1/21/2020 at 2:30 PM, missileman said:

W2 statements reflect what was earned during the PREVIOUS tax year.  Current income is king when ability to financially support a new immigrant is considered.  That is why employment letters, current pay subs, etc. are used to prove current income.

Would they take into consideration the amount saved in the bank account? I know they ask for it on the I-134 but would they for example add up the income for the previous year and the amount in the bank accounts to see if it meets the criteria? 

[geowrian 22,337]

32 minutes ago, Kidayi said:

Would they take into consideration the amount saved in the bank account? I know they ask for it on the I-134 but would they for example add up the income for the previous year and the amount in the bank accounts to see if it meets the criteria? 

Assets are optional if income is sufficient. I did not provide asset information for the I-134 or I-864.