Poverty guidelines 2023 for i-864

[Sou 11]

Hi

I have a question for the poverty income guidelines for 2023: Where do you find the income that needs to meet the guidelines on the W2 form?
Is it: 1 wages, tips, other compensation?
If so is that legit just that box or do you also have to calculate in other boxes?
If so also isnt that then the taxable wage? And not gross income? I thought you had to look at gross income? Idk 😩

 

I want to add that my fiancé (petitioner) pays for insurance through his work.

[K1visaHopeful 2,813]

You find it on your actual income tax forms that you filed or your return tax transcript after you file taxes not an earnings statement (W2 or 1099).

Gross income for employed. 

Gross adjustable for self employed.

[Sou 11]

10 minutes ago, K1visaHopeful said:

You find it on your actual income tax forms that you filed or your return tax transcript after you file taxes not an earnings statement (W2 or 1099).

Gross income for employed. 

Gross adjustable for self employed.

He has filed taxes last week. The tax transcript takes a couple of weeks to generate. That’s why i’m using w2 at the moment. But from what I see is that the income on w2 and tax transcript is the same. 
 

Where do you see gross income tho? Like i only see total income and what i have mentioned previously. 

[J.M. 230]

Since he filed taxes already, he should have a copy of his tax return.  Look for the line that says "adjusted gross income."

[K1visaHopeful 2,813]

24 minutes ago, Sou said:

He has filed taxes last week. The tax transcript takes a couple of weeks to generate. That’s why i’m using w2 at the moment. But from what I see is that the income on w2 and tax transcript (???) is the same. 
 

Where do you see gross income tho? Like i only see total income and what i have mentioned previously. 

Gross Total Income comes before the Adjustments section. I cannot and won't quote line numbers because every year they seem to change it and I'm not about to go searching for this year's copy as I haven't filled yet. 

 

Look at the paper copy of the ACTUAL tax return that you are to keep for your records for 7 years. 

 

Are you using this info to fill something out?

Your timeline says you haven't been approved for a K1 visa but you've posted this in the K1 AOS forum. 

Numbers on any Affidavit of Support must be supported and match financial documents. It's best you wait for the actual financial document that you can use as proof before you go inputting numbers incorrectly. 

[K1visaHopeful 2,813]

PS. The 2024 I864P will likely be released shortly anyways with this year's FPGLs.

It usually comes into effect Feb/Mar.

 

[Sou 11]

7 minutes ago, K1visaHopeful said:

Gross Total Income comes before the Adjustments section. I cannot and won't quote line numbers because every year they seem to change it and I'm not about to go searching for this year's copy as I haven't filled yet. 

 

Look at the paper copy of the ACTUAL tax return that you are to keep for your records for 7 years. 

 

Are you using this info to fill something out?

Your timeline says you haven't been approved for a K1 visa but you've posted this in the K1 AOS forum. 

Numbers on any Affidavit of Support must be supported and match financial documents. It's best you wait for the actual financial document that you can use as proof before you go inputting numbers incorrectly. 

I have found the number on the tax return. Thank you! 
 

I am getting ahead to know more information. 
 

 

 

[Sou 11]

5 minutes ago, K1visaHopeful said:

PS. The 2024 I864P will likely be released shortly anyways with this year's FPGLs.

It usually comes into effect Feb/Mar.

 

If i file for i 864 in October 2023, do i need to meet the guidelines for 2024 only or for 2023 as well? 

[K1visaHopeful 2,813]

13 minutes ago, Sou said:

If i file for i 864 in October 2023, do i need to meet the guidelines for 2024 only or for 2023 as well? 

The guidelines are updated every year. Sometimes they go up and sometimes they go down. 

 

You have to meet the guidelines that are posted at the moment you file I485.

And as well, you'll be required to prove you still meet whatever they are at the moment you are interviewed, if interviewed.

The former (meeting them at the time you file I485) is the policy. 

The latter is a common practice that an adjudicator will sometimes expect from sponsors. 

Keep in mind that the AOS process can be two years plus before anyone opens your file and can be scheduled for an interview which is why:

1. if you aren't scheduled for one and is been a long time since you filed, they send out RFEs for current proof of meeting the guidelines.

2. if you are scheduled for  interview, you'll bring an updated Affidavit of Support and financial proofs, just in case they want proof of still meeting the FPGLs.

Edited February 4 by K1visaHopeful

[Sou 11]

10 minutes ago, K1visaHopeful said:

The guidelines are updated every year. Sometimes they go up and sometimes they go down. 

 

You have to meet the guidelines that are posted at the moment you file I485.

And as well, you'll be required to prove you still meet whatever they are at the moment you are interviewed, if interviewed.

The former (meeting them at the time you file I485) is the policy. 

The latter is a common practice that an adjudicator will sometimes expect from sponsors. 

Keep in mind that the AOS process can be two years plus before anyone opens your file and can be scheduled for an interview which is why:

1. if you aren't scheduled for one and is been a long time since you filed, they send out RFEs for current proof of meeting the guidelines.

2. if you are scheduled for  interview, you'll bring an updated Affidavit of Support and financial proofs, just in case they want proof of still meeting the FPGLs.

So bc i will file for AOS after they have posted the new 2024 guidelines, i will need to meet the 2024 guidelines. But how about 2023? Cause i will have to attach a recent tax return and if i will file for AOS in approximately October 2023, the tax return for 2024 obviously wont be available yet (as the year hasn't also ended).

[K1visaHopeful 2,813]

18 minutes ago, Sou said:

So bc i will file for AOS after they have posted the new 2024 guidelines, i will need to meet the 2024 guidelines.

Correct.

18 minutes ago, Sou said:

But how about 2023? Cause i will have to attach a recent tax return and if i will file for AOS in approximately October 2023, the tax return for 2024 obviously wont be available yet (as the year hasn't also ended).

You're thinking about this too much. 

How can it be required that you provide a 2024 tax proof if 2024 isn't over yet?

2024 taxes aren't the most recent year for proofs until after the filing deadline date in April 2025.

2023 taxes are the most recent tax year until April 2025.

[Sou 11]

8 hours ago, K1visaHopeful said:

Correct

 

8 hours ago, K1visaHopeful said:

You're thinking about this too much. 

How can it be required that you provide a 2024 tax proof if 2024 isn't over yet?

2024 taxes aren't the most recent year for proofs until after the filing deadline date in April 2025.

2023 taxes are the most recent tax year until April 2025.

The reason why im thinking about this too much is because we have now found out bc of his insurance, he did not meet the 125% 2023 poverty guidelines. We are short by a couple hundreds. So i am trying to figure out if maybe we are still fine going without a joint sponsorship.

 

As you have mentioned before. When i will file approximately around october 2023, i will have to meet the guidelines of 2024.

 

For the evidence i will have to include employment letter, recent tax return 2023 and other documents. 
 

If I file with those, will they give me an RFE saying he didnt meet the guidelines? Because the reason why he didnt is because he got promoted mid 2023. His income for his position now would have made enough for 2023 if he didnt got promoted mid 2023.

He will also make enough for the 125% poverty in 2024 when it goes up.

I would be able to prove this with the employment letter.

[K1visaHopeful 2,813]

Just now, Sou said:

 

The reason why im thinking about this too much is because we have now found out bc of his insurance, he did not meet the 125% 2023 poverty guidelines. We are short by a couple hundreds. So i am trying to figure out if maybe we are still fine going without a joint sponsorship.

Please look at the tax return and not the W2. You are using the wrong amounts.

Only self employed use GAI.

Employed uses GTI.

Just now, Sou said:

As you have mentioned before. When i will file approximately around october 2023, i will have to meet the guidelines of 2024.

No, you will file in Oct 2024 and meet the guidelines for 2024.

Just now, Sou said:

For the evidence i will have to include employment letter, recent tax return 2023 and other documents. 
 

"Have to" is the wrong word. 

Tax filing and proof of it is the only requirement. 

Just now, Sou said:

If I file with those, will they give me an RFE saying he didnt meet the guidelines?

If you didn't meet the guidelines, you'll receive an RFE to prove the original sponsor does meet them or you'll be required to get a standalone joint sponsor or a related immediate family member co-sponsor who lives with you. 

Just now, Sou said:

Because the reason why he didnt is because he got promoted mid 2023. His income for his position now would have made enough for 2023 if he didnt got promoted mid 2023.

That doesn't make sense to me but okay. Remember IF you are using an Employment Verification Letter, it must state the predicted income for the whole year as an annum (x will make $ much per year NOT x will make $ much for 2024) and not from when he got his job until the end of the fiscal year and the 6 months of paystubs will prove that too.

Just now, Sou said:

He will also make enough for the 125% poverty in 2024 when it goes up.

I would be able to prove this with the employment letter.

Sounds like you understand what financial documents you need for your particular situation to prove he meets the guidelines. Hopefully you understand that just because the taxes prove he has not met the guidelines doesnt mean his other financial documents don't. 

Sounds like you think taxes are the only thing they look at maybe????

Not sure. Your post is quite confusing whether you understand or not. 

[K1visaHopeful 2,813]

10 hours ago, J.M. said:

Since he filed taxes already, he should have a copy of his tax return.  Look for the line that says "adjusted gross income."

That's hugely false. 

GAI is for SELF EMPLOYED ONLY.

The OP has only mentioned a W2 and has not mentioned any 1099 work. 

GTI is for employed. 

No wonder they are confused now. 

Edited February 4 by K1visaHopeful

[Sou 11]

36 minutes ago, K1visaHopeful said:

Please look at the tax return and not the W2. You are using the wrong amounts.

Only self employed use GAI.

Employed uses GTI.

I have looked at the tax return too.

all i see when it comes to income is this and they are all the same number as his w2: (see images)

 

Note: he is in fact employed.

36 minutes ago, K1visaHopeful said:

36 minutes ago, K1visaHopeful said:

No, you will file in Oct 2024 and meet the guidelines for 2024.

I’m sorry i keep forgetting we are in 2024 already. Yes that’s what i meant.

 

36 minutes ago, K1visaHopeful said:

That doesn't make sense to me but okay. Remember IF you are using an Employment Verification Letter, it must state the predicted income for the whole year as an annum (x will make $ much per year NOT x will make $ much for 2024) and not from when he got his job until the end of the fiscal year and the 6 months of paystubs will prove that too.

Yes i am aware that it needs to state the amount he makes per year. Thank you.

 

36 minutes ago, K1visaHopeful said:

Sounds like you understand what financial documents you need for your particular situation to prove he meets the guidelines. Hopefully you understand that just because the taxes prove he has not met the guidelines doesnt mean his other financial documents don't. 

Sounds like you think taxes are the only thing they look at maybe????

Not sure. Your post is quite confusing whether you understand or not. 

I do understand but i am just worried that because he didnt meet the 2023 guidelines that i will still need a sponsorship despite the fact that i can prove that he will meet the 2024 guidelines.
 

Because i think that the tax return is high in value. 
 

I made this post to ease my worries and to know if with what i have said before, if it will cover my grounds and if it will be enough proof to show that he will meet the 2024 guidelines if i DONT file with a joint sponsor.

Edited February 4 by Sou