Does having a part-time job suffice as long as I'm able to meet above 125% of the poverty guidelines?

[MR&MG 0]

Hello everyone! 

 

Earlier last year, I dropped down to a per diem position at my 12-year-old job to work at another full-time contract job that paid significantly more. After the contract was ended, I applied for another contract job, but nothing was available anymore. I was able to keep my employment at my old job by picking up the required shift. By the end of last year, I was back working full-time hours at my old job, still as a per diem employee. After getting our NOA2, I knew that I needed a permanent job soon in order to provide proof of a stable income. 

 

I am planning on taking a part-time position at my old job due to the fact that I will be able to earn more this way. My position would be part-time, but I will be picking up full-time hours plus OT. I also get health insurance benefits for being a part-time employee. But I am worried that we might end up being asked for a co-sponsor because of my part-time position. I'm already close to meeting the 100% poverty guidelines this year for a two-person household, and I'm above the 125% poverty guidelines from the last 3 years. I am confident that I will be over the 125% poverty guidelines this year too. Being employed by the company for the last 12 years should also be good enough proof that I did have a stable income. I have been working more than my full-time hours on this job for years, and I plan to keep doing it. I spoke to my manager, and she said that she would even write a statement for me saying that I do work full-time hours as a part-time employee. I have yet to talk to HR about the employment letter and am hoping they'll also make the same statement. Of course, I would be providing a current six-month paystub for the interview day. I've never been married and have no children. It's only going to be me and my fiancée.

 

Does the petitioner really required to have a full-time job position? What is everyone's opinion on this?

[powerpuff 6,685]

19 minutes ago, MR&MG said:

I'm above the 125% poverty guidelines from the last 3 years

Past income doesn’t matter as much. They care about what you make right now. They do look at the history but that is not the deciding factor. 
 

19 minutes ago, MR&MG said:

Does the petitioner really required to have a full-time job position? What is everyone's opinion on this?

I think you have the bigger issue of being too close to the threshold. Making just above the poverty guidelines might not be enough in the eyes of the CO even if you technically do make above that line. They take the totality of circumstances into consideration and they have the discretion to ask for a joint sponsor so it’s definitely a possibility.  
 

Beyond the K1, the same applies for I-864, the difference is they’re more stringent regarding the I-864 since it’s a legally binding document as opposed to I-134.  

Edited February 25, 2023 by powerpuff

[Crazy Cat 41,814]

57 minutes ago, MR&MG said:

I am confident that I will be over the 125% poverty guidelines this year too.

That is only a level to be considered.  Each Consulate Officer has discretion to make decisions based on the totality of circumstances.  Previous earning aren't as important as CURRENT annual income.  If you are even close, I would consider finding a well qualified joint sponsor. 

[Mike E 11,739]

1 hour ago, MR&MG said:

Does the petitioner really required to have a full-time job position?

What does part time mean?

 

Assume  means 20 hours a a week. 
 

Does your hourly rate of pay times 20 times 52 meet or exceed the 125 percent poverty threshold?

[MR&MG 0]

51 minutes ago, powerpuff said:

I think you have the bigger issue of being too close to the threshold. Making just above the poverty guidelines might not be enough in the eyes of the CO even if you technically do make above that line. They take the totality of circumstances into consideration and they have the discretion to ask for a joint sponsor so it’s definitely a possibility.  

 

11 minutes ago, Crazy Cat said:

That is only a level to be considered.  Each Consulate Officer has discretion to make decisions based on the totality of circumstances.  Previous earning aren't as important as CURRENT annual income.  If you are even close, I would consider finding a well qualified joint sponsor. 

Hi @powerpuff @Crazy Cat,😊

 

So it would be best to have a full-time job to make it look like a more stable, reliable source of income? My current annual income would likely exceed more than 200% of the poverty guidelines. Would it still be best to get a joint sponsor even if I'm over 200%? I do have some savings too.

[Crazy Cat 41,814]

6 minutes ago, MR&MG said:

My current annual income would likely exceed more than 200% of the poverty guidelines.

Current annual income from a regular job (as an employee) is determined as follows:

 

Gross income from most recent pay stub multiplied times number of pay periods per year.

 

If you are certain your income is sufficient, you can choose to avoid a joint sponsor.  However, if the consulate officer has doubts, it might delay your case until you provide satisfactory documentation.  

 

[MR&MG 0]

27 minutes ago, Mike E said:

What does part time mean?

Hi @Mike E 

It would be 24 hours a week, and we get paid for our lunch break, so 25. 

30 minutes ago, Mike E said:

Does your hourly rate of pay times 20 times 52 meet or exceed the 125 percent poverty threshold?

I calculated it. It's at 150% as part-time with no extra shifts.

 

However, my plan is to work more than 80 hours biweekly as a part-time employee. We've been understaffed since the pandemic, so 80 hours are guaranteed. I would prefer a part-time position because, after working 24 hours a week, I would get an incentive for picking up an extra shift. Even my manager suggested it because I would be earning more that way. But if the CO will be focusing on my current job position and not the hours that I worked or my current paycheck and current annual income, I should probably just go full time because I'd rather not have a delay on our case.

[Boiler 45,449]

They want to know how much you earn not how many hours you work

[Mike E 11,739]

9 minutes ago, MR&MG said:

would be 24 hours a week, and we get paid for our lunch break, so 25. 

1 hour ago, Mike E said:

Does your hourly rate of pay times 20 times 52 meet or exceed the 125 percent poverty threshold?

I calculated it. It's at 150% as part-time with no extra shifts

Legally it works. Explaining this succinctly will be a challenge. You will want to list your current income in I-864 at your 25 hour per week rate and have your employer state that your base pay is X dollars per year.  X = rate of pay per hour times 25 times 52. 

Edited February 25, 2023 by Mike E

[Sarah&Facundo 595]

It isn't about the amount of hours per week you work. It is about the annual salary you earn. You could qualify if you made $1,000 per hour working one hour per week. Focus on keeping the salary high enough, not only to satisfy the CO, but more importantly to also provide a decent life for your partner upon arrival. It's your responsibility. That's why totality of circumstances is so important. In my state, if I made anywhere close to the poverty line, we literally couldn't afford food or a place to live. We have to make significantly more than that in order to survive.

Edited February 25, 2023 by Sarah&Facundo