affidavit of support poverty line? help explain.

[cebu15 0]

i will only been working for 8 months when i file my tax returns this coming January.because i have been in the Philippines for the past 4yrs. but i currently gross 2000 dollars a month.

can i use my mom as a co-sponsor?but i am confuse with the poverty line.something about household size.since im living with her, am i considered as part of her house hold.there are 3 of us in the house and we all work.does this mean we are 3 in the house hold?and counting my fiance would that be 4?so my mom as a sponsor would have to be making 25,000 dollars since we will be a house hold of 4.am i right?im very confuse?but she doesn't make that much a year.but if i annualized my income i will be making 24,000 a year.how will this effect my petition? please explain?just wanna be prepared for everything...

[pushbrk 13,094]

i will only been working for 8 months when i file my tax returns this coming January.because i have been in the Philippines for the past 4yrs. but i currently gross 2000 dollars a month.

can i use my mom as a co-sponsor?but i am confuse with the poverty line.something about household size.since im living with her, am i considered as part of her house hold.there are 3 of us in the house and we all work.does this mean we are 3 in the house hold?and counting my fiance would that be 4?so my mom as a sponsor would have to be making 25,000 dollars since we will be a house hold of 4.am i right?im very confuse?but she doesn't make that much a year.but if i annualized my income i will be making 24,000 a year.how will this effect my petition? please explain?just wanna be prepared for everything...

If you simply annualize your income, you qualify, provided it is US income. You say "have been" (present tense) in the PI, instead of "was" so it is not clear you've returned to the US. Your household is you and your wife unless you have dependants living with you.

[amrssnowangel 0]

i will only been working for 8 months when i file my tax returns this coming January.because i have been in the Philippines for the past 4yrs. but i currently gross 2000 dollars a month.

can i use my mom as a co-sponsor?but i am confuse with the poverty line.something about household size.since im living with her, am i considered as part of her house hold.there are 3 of us in the house and we all work.does this mean we are 3 in the house hold?and counting my fiance would that be 4?so my mom as a sponsor would have to be making 25,000 dollars since we will be a house hold of 4.am i right?im very confuse?but she doesn't make that much a year.but if i annualized my income i will be making 24,000 a year.how will this effect my petition? please explain?just wanna be prepared for everything...

Try this link...I found this information in the official USCIS web site. Its part of the guides used by the ajudicators.

http://www.uscis.gov/files/pressrelease/AffSuppAFM062706.pdf

My understanding is:

1. YOUR ONE YEAR income for the year you filed your PETITION must be at or above the 125% income guideline. So if you only worked 8 months, you had to have met the guideline levels.

2. You are only considered in each others household IF you were considered a dependent on the tax filings. So if you file seperatly and are not a dependent then you are NOT part of each others household.

3. Yes you can use your mom as a sponsor. She MUST meet the income guidelines for her AND your fiance and anyone else she has as a "dependent" for tax purposes.

4. IF you worked outside of the country...please read this document carefully, I remember seeing something about foreign incomes that ARE eligible. Can't remember. Good luck

[pushbrk 13,094]

i will only been working for 8 months when i file my tax returns this coming January.because i have been in the Philippines for the past 4yrs. but i currently gross 2000 dollars a month.

can i use my mom as a co-sponsor?but i am confuse with the poverty line.something about household size.since im living with her, am i considered as part of her house hold.there are 3 of us in the house and we all work.does this mean we are 3 in the house hold?and counting my fiance would that be 4?so my mom as a sponsor would have to be making 25,000 dollars since we will be a house hold of 4.am i right?im very confuse?but she doesn't make that much a year.but if i annualized my income i will be making 24,000 a year.how will this effect my petition? please explain?just wanna be prepared for everything...

Try this link...I found this information in the official USCIS web site. Its part of the guides used by the ajudicators.

http://www.uscis.gov/files/pressrelease/AffSuppAFM062706.pdf

My understanding is:

1. YOUR ONE YEAR income for the year you filed your PETITION must be at or above the 125% income guideline. So if you only worked 8 months, you had to have met the guideline levels.

What are you reading in the memo that leads you to believe one cannot annualize the income from a job they just started?

[amrssnowangel 0]

i will only been working for 8 months when i file my tax returns this coming January.because i have been in the Philippines for the past 4yrs. but i currently gross 2000 dollars a month.

can i use my mom as a co-sponsor?but i am confuse with the poverty line.something about household size.since im living with her, am i considered as part of her house hold.there are 3 of us in the house and we all work.does this mean we are 3 in the house hold?and counting my fiance would that be 4?so my mom as a sponsor would have to be making 25,000 dollars since we will be a house hold of 4.am i right?im very confuse?but she doesn't make that much a year.but if i annualized my income i will be making 24,000 a year.how will this effect my petition? please explain?just wanna be prepared for everything...

Try this link...I found this information in the official USCIS web site. Its part of the guides used by the ajudicators.

http://www.uscis.gov/files/pressrelease/AffSuppAFM062706.pdf

My understanding is:

1. YOUR ONE YEAR income for the year you filed your PETITION must be at or above the 125% income guideline. So if you only worked 8 months, you had to have met the guideline levels.

What are you reading in the memo that leads you to believe one cannot annualize the income from a job they just started?

Okay, maybe Im wrong but here is the quote:

"(e) Sufficiency of Form I-864.

(1) In general. When determining the sufficiency of a Form I-864, USCIS shall first consider the sponsor’s anticipated income for the year the sponsor signed Form I-864. Thus, during the initial evidence review, USCIS shall as a general rule determine the sufficiency of a Form I-864 based on the sponsor’s reasonably anticipated household income for the year in which the sponsor signed the Form I-864."

The way I read it...is the anticipated income for the year. In otherwords they will anticipate (meaning from that day forward to end of year) the income that sponsor will generate. So if you start working in JUNE and they are looking at it in September, they will anticipate the income you will earn for the remainder of that year. Key word is "anticipated"

ANTICIPATED:

verb: -pat·ed, -pat·ing, -pates.

transitive verb

1. To feel or realize beforehand; foresee: hadn't anticipated the crowds at the zoo.

2. To look forward to, especially with pleasure; expect: anticipated a pleasant hike in the country.

3. To deal with beforehand; act so as to mitigate, nullify, or prevent: anticipated the storm by boarding up the windows. See synonyms at expect

4. To cause to happen in advance; accelerate.

5. To use in advance, as income not yet available.

6. To pay (a debt) before it is due.

So with THAT information...this is how sponsor income is calculated. Any other ideas???

[amrssnowangel 0]

Also here.........

http://www.uscis.gov/files/pressrelease/AffSupp_062106QA.pdf

"Q. My sponsor’s income has varied from year to year. What year is most significant in determining the sufficiency of my sponsor’s income?

A. The final rule clarifies that the sponsor’s income in the year in which the intending immigrant filed an application for an immigrant visa or adjustment of status, rather than the earnings last reported to IRS, generally bears the greatest evidentiary weight in determining whether the affidavit of support is sufficient. However, USCIS may request updated evidence and decide the case based on the updated information."

Its the INCOME in the year they file.

Im in the same position....Although I was working last year, I was working under my fathers contract with our product provider. So the income generated in his name, however since we share the same household, it was put into the family account. (That has since changed) We changed the contracts into MY name in June. Although I make sufficient WEEKLY income to support and anticipate NEXT years income to be OVER the poverty guideline. THIS years income is NOT over the guideline amount. According to these documents they will only ANTICIPATE my future earnings according to my weekly pay.

Any ideas??? Just how I interpreted it.

[ryza 0]

i will only been working for 8 months when i file my tax returns this coming January.because i have been in the Philippines for the past 4yrs. but i currently gross 2000 dollars a month.

can i use my mom as a co-sponsor?but i am confuse with the poverty line.something about household size.since im living with her, am i considered as part of her house hold.there are 3 of us in the house and we all work.does this mean we are 3 in the house hold?and counting my fiance would that be 4?so my mom as a sponsor would have to be making 25,000 dollars since we will be a house hold of 4.am i right?im very confuse?but she doesn't make that much a year.but if i annualized my income i will be making 24,000 a year.how will this effect my petition? please explain?just wanna be prepared for everything...

Try this link...I found this information in the official USCIS web site. Its part of the guides used by the ajudicators.

http://www.uscis.gov/files/pressrelease/AffSuppAFM062706.pdf

My understanding is:

1. YOUR ONE YEAR income for the year you filed your PETITION must be at or above the 125% income guideline. So if you only worked 8 months, you had to have met the guideline levels.

What are you reading in the memo that leads you to believe one cannot annualize the income from a job they just started?

Okay, maybe Im wrong but here is the quote:

"(e) Sufficiency of Form I-864.

(1) In general. When determining the sufficiency of a Form I-864, USCIS shall first consider the sponsor’s anticipated income for the year the sponsor signed Form I-864. Thus, during the initial evidence review, USCIS shall as a general rule determine the sufficiency of a Form I-864 based on the sponsor’s reasonably anticipated household income for the year in which the sponsor signed the Form I-864."

The way I read it...is the anticipated income for the year. In otherwords they will anticipate (meaning from that day forward to end of year) the income that sponsor will generate. So if you start working in JUNE and they are looking at it in September, they will anticipate the income you will earn for the remainder of that year. Key word is "anticipated"

ANTICIPATED:

verb: -pat·ed, -pat·ing, -pates.

transitive verb

1. To feel or realize beforehand; foresee: hadn't anticipated the crowds at the zoo.

2. To look forward to, especially with pleasure; expect: anticipated a pleasant hike in the country.

3. To deal with beforehand; act so as to mitigate, nullify, or prevent: anticipated the storm by boarding up the windows. See synonyms at expect

4. To cause to happen in advance; accelerate.

5. To use in advance, as income not yet available.

6. To pay (a debt) before it is due.

So with THAT information...this is how sponsor income is calculated. Any other ideas???

K1 visa doesnt use I-864! K1 uses I-134 form!!

[amrssnowangel 0]

i will only been working for 8 months when i file my tax returns this coming January.because i have been in the Philippines for the past 4yrs. but i currently gross 2000 dollars a month.

can i use my mom as a co-sponsor?but i am confuse with the poverty line.something about household size.since im living with her, am i considered as part of her house hold.there are 3 of us in the house and we all work.does this mean we are 3 in the house hold?and counting my fiance would that be 4?so my mom as a sponsor would have to be making 25,000 dollars since we will be a house hold of 4.am i right?im very confuse?but she doesn't make that much a year.but if i annualized my income i will be making 24,000 a year.how will this effect my petition? please explain?just wanna be prepared for everything...

Try this link...I found this information in the official USCIS web site. Its part of the guides used by the ajudicators.

http://www.uscis.gov/files/pressrelease/AffSuppAFM062706.pdf

My understanding is:

1. YOUR ONE YEAR income for the year you filed your PETITION must be at or above the 125% income guideline. So if you only worked 8 months, you had to have met the guideline levels.

What are you reading in the memo that leads you to believe one cannot annualize the income from a job they just started?

Okay, maybe Im wrong but here is the quote:

"(e) Sufficiency of Form I-864.

(1) In general. When determining the sufficiency of a Form I-864, USCIS shall first consider the sponsor’s anticipated income for the year the sponsor signed Form I-864. Thus, during the initial evidence review, USCIS shall as a general rule determine the sufficiency of a Form I-864 based on the sponsor’s reasonably anticipated household income for the year in which the sponsor signed the Form I-864."

The way I read it...is the anticipated income for the year. In otherwords they will anticipate (meaning from that day forward to end of year) the income that sponsor will generate. So if you start working in JUNE and they are looking at it in September, they will anticipate the income you will earn for the remainder of that year. Key word is "anticipated"

ANTICIPATED:

verb: -pat·ed, -pat·ing, -pates.

transitive verb

1. To feel or realize beforehand; foresee: hadn't anticipated the crowds at the zoo.

2. To look forward to, especially with pleasure; expect: anticipated a pleasant hike in the country.

3. To deal with beforehand; act so as to mitigate, nullify, or prevent: anticipated the storm by boarding up the windows. See synonyms at expect

4. To cause to happen in advance; accelerate.

5. To use in advance, as income not yet available.

6. To pay (a debt) before it is due.

So with THAT information...this is how sponsor income is calculated. Any other ideas???

K1 visa doesnt use I-864! K1 uses I-134 form!!

That is true...however if you have read other posts on here....when the Embassy reviews the I134...they use the SAME criteria as the I864!! They don't want to approve a visa if the sponsors will just be deniend on the I864 during change of status.

[pushbrk 13,094]

Also here.........

http://www.uscis.gov/files/pressrelease/AffSupp_062106QA.pdf

"Q. My sponsor’s income has varied from year to year. What year is most significant in determining the sufficiency of my sponsor’s income?

A. The final rule clarifies that the sponsor’s income in the year in which the intending immigrant filed an application for an immigrant visa or adjustment of status, rather than the earnings last reported to IRS, generally bears the greatest evidentiary weight in determining whether the affidavit of support is sufficient. However, USCIS may request updated evidence and decide the case based on the updated information."

Its the INCOME in the year they file.

Im in the same position....Although I was working last year, I was working under my fathers contract with our product provider. So the income generated in his name, however since we share the same household, it was put into the family account. (That has since changed) We changed the contracts into MY name in June. Although I make sufficient WEEKLY income to support and anticipate NEXT years income to be OVER the poverty guideline. THIS years income is NOT over the guideline amount. According to these documents they will only ANTICIPATE my future earnings according to my weekly pay.

Any ideas??? Just how I interpreted it.

Thank you. I would be careful in so rigidly interpreting statementst that begin with the word "generally" and include such terms as "greatest" (as opposed to "only) and continue with such terms as "however". Anecdotal evidence indicates many successful sponsorships by those who use 12 month annualization of current income as evidence of their ability to sustain income above the 125% poverty guideline.

See the "General Rule" here:

(4) Part 6 of Form I-864 or Part 5 of Form I-864EZ: Sponsor’s Income and Employment

(A) General Rule and Active Duty Military Exception. Either the petitioning sponsor, substitute sponsor, or a joint sponsor must generally demonstrate the ability to maintain his or her annual household income at 125% of the governing Federal Poverty Guideline threshold.

Edited July 22, 2007 by pushbrk

[cebu15 0]

thank you for all your help and input.im still not quite clear what everyone is trying to write.

some one explain it like you would to a child.

so how do you count house hold size?by the people living in the same residence or the people that are dependent on the person who is head of the house?we all have jobs and they file their taxes separately.

i have been working since the second half of may.when i file my taxes it will only 7 or 8months.which will gross about 14,000 or 16,000.but if i annualized it,it will be 24,000.but again the problem is ill only be working 7-8months by i file my taxes.

has anyone experience anything like this before that could explain it to me?