affidavit How should I filed the affidavit?

[Lu & Ni 30]

Hello! 

My sister-in-law is petitioning for her parents to come to the USA and both I-130 applications have been approved (parents live abroad). We have decided to continue with her mother's process as her dad's case hasn't been created at NVC yet.

 

She made around $30k this year which is enough for her to file an affidavit by herself.  However we're not sure if she would need a co-sponsor when we she files an affidavit for her father. We're willing to help as we live in the same household. We made $38k this year plus have a house, bank accounts etc. 

 

Should we let her file only her as a sponsor for her mom and then add ourselves as co-sponsors for her father? 

 

[Mike E 11,739]

$30K income is marginal. You should be prepared to be a joint sponsor.

[Boiler 45,443]

How much does she earn now

[Lu & Ni 30]

6 hours ago, Mike E said:

$30K income is marginal. You should be prepared to be a joint sponsor.

She's only one person and was only 5 months employed when she filed her taxes..

I believe she'll be able to sponsor only her mom at least?

[Lu & Ni 30]

4 hours ago, Boiler said:

How much does she earn now

Fortunately she got promoted and is earning $21 hour plus extra hours. Her paystubs are not bad so that's why I was wondering if she could at least sponsor her mom by herself and then I can joint sponsor for her father

[Mike E 11,739]

4 minutes ago, Lu & Ni said:

Fortunately she got promoted and is earning $21 hour

If she gets 40 hours a week and if she works 52 weeks a year, then her current income is not $30,000

 

Unfortunately too many petitioners get this wrong and the visa ends up being denied because they under report their current income.

[Boiler 45,443]

More like 40k a year

[Lu & Ni 30]

4 hours ago, Mike E said:

If she gets 40 hours a week and if she works 52 weeks a year, then her current income is not $30,000

 

Unfortunately too many petitioners get this wrong and the visa ends up being denied because they under report their current income.

She's a workaholic and is payed double for the extra hours. She used to live abroad, decided to come the USA in April 2022, May 22 we submitted her parents

 petition and she started working in August 22. She didn't under report her earnings, just did a lot of extra hours. 

She'll most likely make double this upcoming year which is why I'm thinking she could sponsor her mom herself and I can help out with her dad ?

[Lu & Ni 30]

4 hours ago, Boiler said:

More like 40k a year

For year 22, it was $30,000 because I helped her out with taxes. Which is why I know she'll deff make double so I'm not sure if she's okay to sponsor only her mom and I could def help her with her dad in case her 2022 taxes might not be enough. 

 

[Chancy 6,241]

On 5/13/2023 at 1:31 PM, Lu & Ni said:

earning $21 hour

 

The previous posters mean that you might be doing the current income calculation wrong for the I-864.  Remember that the income reported in last year's tax return is PAST income.  CURRENT income is projected income for the next 12 months.  So if your SIL is currently working at least 40 hours per week, then for the I-864, her current income is $21 x 40 hrs x 52 wks = $43,680.

 

[Lu & Ni 30]

On 5/15/2023 at 1:44 PM, Chancy said:

 

The previous posters mean that you might be doing the current income calculation wrong for the I-864.  Remember that the income reported in last year's tax return is PAST income.  CURRENT income is projected income for the next 12 months.  So if your SIL is currently working at least 40 hours per week, then for the I-864, her current income is $21 x 40 hrs x 52 wks = $43,680.

 

Finally a sane comment. Thank you.

So her schedule is more than 40 hours per week, should I just write down the income she would on that or just the 40 hours? I've done the I-864 by myself but this time it's confusing or I'm just overthinking it lol 

[Chancy 6,241]

1 minute ago, Lu & Ni said:

So her schedule is more than 40 hours per week, should I just write down the income she would on that or just the 40 hours?

 

You should write the current income projection that your SIL can provide documentary evidence for.  Example, if she has a recent paystub and that paystub shows that she gets paid every 2 weeks, then the calculation should be -- gross pay from that paystub x 26.  Submit a scan of the paystub in CEAC as evidence of current income.  Although not required, you may also put a note in the Additional Information section of the I-864 to explain the income calculation, something like "current annual income = gross pay from May 19th paystub x 26 pay periods in 12 months".

 

[Lu & Ni 30]

17 minutes ago, Chancy said:

 

You should write the current income projection that your SIL can provide documentary evidence for.  Example, if she has a recent paystub and that paystub shows that she gets paid every 2 weeks, then the calculation should be -- gross pay from that paystub x 26.  Submit a scan of the paystub in CEAC as evidence of current income.  Although not required, you may also put a note in the Additional Information section of the I-864 to explain the income calculation, something like "current annual income = gross pay from May 19th paystub x 26 pay periods in 12 months".

 

Amazing! Thank you so much, I'll tell her to upload income paystubs 

[TBoneTX 45,249]

Several irrelevant posts have been removed.  Please focus on helping the OP.