I need HELP about Income for RFE......

[mamalou 0]

Last month my USC husband filed AOS for my 20 yr old daughter, Just recently she got 2 RFE's. One of it, is for the vaccination which is not really a problem because we can work it out here anyday & the other thing, is the Affidavit of Support which is very complicated, I understand that my husband doest meet the current Federal 125% Income Requirement. The RFe dated Nov 19,2009 which gave us 87 days to submit it, so it'll be Feb 14 deadline . Getting a relative & friends as joint sponsor is bothersome & quite not possible, They are so reluctant, so better not. Looking at the uscis website about I-864P the income requirement for 3 is 20,+++. The 3 of us are living in the same house. My husband does not own property except 2 cars & we dont have enough bank account because we spend a lot like purchasing for a new car & etc. Me (new LPR) & daughter (AOS applicant)had just start working almost the same time last Aug'09. My husband's income to this date is 15,000 mine is 4,000 & daughter is same gross income before tax. So if we count our income altogether seems like we already meet the requirement. My question is, Can we join together our income to meet the income requirement using I864A? I plan to submit this RFE comes January or before the deadline so we can have more income . Can we ask W2 & IRS this Jan?

Please HELP ME VJ people, I need your advise. I trust You more SMART VJ'ERS than USCIS reps.

[SunDrop 59]

Last month my USC husband filed AOS for my 20 yr old daughter, Just recently she got 2 RFE's. One of it, is for the vaccination which is not really a problem because we can work it out here anyday & the other thing, is the Affidavit of Support which is very complicated, I understand that my husband doest meet the current Federal 125% Income Requirement. The RFe dated Nov 19,2009 which gave us 87 days to submit it, so it'll be Feb 14 deadline . Getting a relative & friends as joint sponsor is bothersome & quite not possible, They are so reluctant, so better not. Looking at the uscis website about I-864P the income requirement for 3 is 20,+++. The 3 of us are living in the same house. My husband does not own property except 2 cars & we dont have enough bank account because we spend a lot like purchasing for a new car & etc. Me (new LPR) & daughter (AOS applicant)had just start working almost the same time last Aug'09. My husband's income to this date is 15,000 mine is 4,000 & daughter is same gross income before tax. So if we count our income altogether seems like we already meet the requirement. My question is, Can we join together our income to meet the income requirement using I864A? I plan to submit this RFE comes January or before the deadline so we can have more income . Can we ask W2 & IRS this Jan?

Please HELP ME VJ people, I need your advise. I trust You more SMART VJ'ERS than USCIS reps.

When you say your income to date is xxx, do you mean that is what you've earnt in 2009 so far or the total amount you are expected to earn in any given year? I was under the impression that you can join household income for the I-864 and they look at your projected earnings if you haven't got tax transcripts that show a qualifying amount. Could someone with personal experience of filing an I-864 please confirm this?

You would use letters from employers confirming your employment and recent payslips to calculate an average if your pay is variable (because you work inconsistent hours per week) or to calculate your annual pay if it's a set amount every pay check.

For example, you earn $200 a week, paid every 2 weeks and you submit 4 payslips that show the same amount. They would calculate that your gross earnings are $100 per week and multiply this by 52 to get your projected annual income of $5,200

or

you earnt $150 payslip 1, £200 payslip 2, £250 payslip 3 and $300 payslip 4: they calculate you earnt $900 over an 8 week period, which is $112.50 per week. multiplied by 52 means your projected annual income is $5850.

[mamalou 0]

Last month my USC husband filed AOS for my 20 yr old daughter, Just recently she got 2 RFE's. One of it, is for the vaccination which is not really a problem because we can work it out here anyday & the other thing, is the Affidavit of Support which is very complicated, I understand that my husband doest meet the current Federal 125% Income Requirement. The RFe dated Nov 19,2009 which gave us 87 days to submit it, so it'll be Feb 14 deadline . Getting a relative & friends as joint sponsor is bothersome & quite not possible, They are so reluctant, so better not. Looking at the uscis website about I-864P the income requirement for 3 is 20,+++. The 3 of us are living in the same house. My husband does not own property except 2 cars & we dont have enough bank account because we spend a lot like purchasing for a new car & etc. Me (new LPR) & daughter (AOS applicant)had just start working almost the same time last Aug'09. My husband's income to this date is 15,000 mine is 4,000 & daughter is same gross income before tax. So if we count our income altogether seems like we already meet the requirement. My question is, Can we join together our income to meet the income requirement using I864A? I plan to submit this RFE comes January or before the deadline so we can have more income . Can we ask W2 & IRS this Jan?

Please HELP ME VJ people, I need your advise. I trust You more SMART VJ'ERS than USCIS reps.

When you say your income to date is xxx, do you mean that is what you've earnt in 2009 so far or the total amount you are expected to earn in any given year? I was under the impression that you can join household income for the I-864 and they look at your projected earnings if you haven't got tax transcripts that show a qualifying amount. Could someone with personal experience of filing an I-864 please confirm this?

You would use letters from employers confirming your employment and recent payslips to calculate an average if your pay is variable (because you work inconsistent hours per week) or to calculate your annual pay if it's a set amount every pay check.

For example, you earn $200 a week, paid every 2 weeks and you submit 4 payslips that show the same amount. They would calculate that your gross earnings are $100 per week and multiply this by 52 to get your projected annual income of $5,200

or

you earnt $150 payslip 1, £200 payslip 2, £250 payslip 3 and $300 payslip 4: they calculate you earnt $900 over an 8 week period, which is $112.50 per week. multiplied by 52 means your projected annual income is $5850.

As I mentioned my gross income based on my last paycheck is $4,+++ same with my daughter. We got jobs after we get our EAD last Aug. I get paychecks every other week which is more or less $600 for 75 hrs.

My question s can we combine our income in I-864A? Is this the right thing to do?

Pls I need good advise.

[SunDrop 59]

Last month my USC husband filed AOS for my 20 yr old daughter, Just recently she got 2 RFE's. One of it, is for the vaccination which is not really a problem because we can work it out here anyday & the other thing, is the Affidavit of Support which is very complicated, I understand that my husband doest meet the current Federal 125% Income Requirement. The RFe dated Nov 19,2009 which gave us 87 days to submit it, so it'll be Feb 14 deadline . Getting a relative & friends as joint sponsor is bothersome & quite not possible, They are so reluctant, so better not. Looking at the uscis website about I-864P the income requirement for 3 is 20,+++. The 3 of us are living in the same house. My husband does not own property except 2 cars & we dont have enough bank account because we spend a lot like purchasing for a new car & etc. Me (new LPR) & daughter (AOS applicant)had just start working almost the same time last Aug'09. My husband's income to this date is 15,000 mine is 4,000 & daughter is same gross income before tax. So if we count our income altogether seems like we already meet the requirement. My question is, Can we join together our income to meet the income requirement using I864A? I plan to submit this RFE comes January or before the deadline so we can have more income . Can we ask W2 & IRS this Jan?

Please HELP ME VJ people, I need your advise. I trust You more SMART VJ'ERS than USCIS reps.

When you say your income to date is xxx, do you mean that is what you've earnt in 2009 so far or the total amount you are expected to earn in any given year? I was under the impression that you can join household income for the I-864 and they look at your projected earnings if you haven't got tax transcripts that show a qualifying amount. Could someone with personal experience of filing an I-864 please confirm this?

You would use letters from employers confirming your employment and recent payslips to calculate an average if your pay is variable (because you work inconsistent hours per week) or to calculate your annual pay if it's a set amount every pay check.

For example, you earn $200 a week, paid every 2 weeks and you submit 4 payslips that show the same amount. They would calculate that your gross earnings are $100 per week and multiply this by 52 to get your projected annual income of $5,200

or

you earnt $150 payslip 1, £200 payslip 2, £250 payslip 3 and $300 payslip 4: they calculate you earnt $900 over an 8 week period, which is $112.50 per week. multiplied by 52 means your projected annual income is $5850.

As I mentioned my gross income based on my last paycheck is $4,+++ same with my daughter. We got jobs after we get our EAD last Aug. I get paychecks every other week which is more or less $600 for 75 hrs.

My question s can we combine our income in I-864A? Is this the right thing to do?

Pls I need good advise.

So annually, you're expected to earn $15,600 each? You don't need to wait to submit the RFE. And yes, you can join incomes as long as both you and your daughter will continue in the same employment after your AOS is approved and your daughter lives in your house with you. The following is taken straight from the I-864:

Can the Intending Immigrant Help Me Meet the Income Requirements?

If certain conditions are met, the intending immigrant's income can help you meet the income requirement.

If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status.

If the intending immigrant is another relative, there are two requirements.

First, the income must be continuing from the same source after he or she obtains lawful permanent resident status, and second, the intending immigrant must currently live with you in your residence. Evidence must be provided to support both requirements.

[Gary and Alla 3,694]

Last month my USC husband filed AOS for my 20 yr old daughter, Just recently she got 2 RFE's. One of it, is for the vaccination which is not really a problem because we can work it out here anyday & the other thing, is the Affidavit of Support which is very complicated, I understand that my husband doest meet the current Federal 125% Income Requirement. The RFe dated Nov 19,2009 which gave us 87 days to submit it, so it'll be Feb 14 deadline . Getting a relative & friends as joint sponsor is bothersome & quite not possible, They are so reluctant, so better not. Looking at the uscis website about I-864P the income requirement for 3 is 20,+++. The 3 of us are living in the same house. My husband does not own property except 2 cars & we dont have enough bank account because we spend a lot like purchasing for a new car & etc. Me (new LPR) & daughter (AOS applicant)had just start working almost the same time last Aug'09. My husband's income to this date is 15,000 mine is 4,000 & daughter is same gross income before tax. So if we count our income altogether seems like we already meet the requirement. My question is, Can we join together our income to meet the income requirement using I864A? I plan to submit this RFE comes January or before the deadline so we can have more income . Can we ask W2 & IRS this Jan?

Please HELP ME VJ people, I need your advise. I trust You more SMART VJ'ERS than USCIS reps.

Your/his "income to date" does not matter. Your ANNUAL income matters. GROSS income, before tax. If you get a job today for $45,000 per year and you have been unemployed since January of this year, what is your "current annual income"? $45,000. That said, yes, the intending immigrant CAN contribute and yes, household members CAN combine incomes. Two caveats...all must be legally able to work. You have EADs I presume?

Your husband fills out the I-864 and each you and your daughter fill out an I-864a.

[Gary and Alla 3,694]

Last month my USC husband filed AOS for my 20 yr old daughter, Just recently she got 2 RFE's. One of it, is for the vaccination which is not really a problem because we can work it out here anyday & the other thing, is the Affidavit of Support which is very complicated, I understand that my husband doest meet the current Federal 125% Income Requirement. The RFe dated Nov 19,2009 which gave us 87 days to submit it, so it'll be Feb 14 deadline . Getting a relative & friends as joint sponsor is bothersome & quite not possible, They are so reluctant, so better not. Looking at the uscis website about I-864P the income requirement for 3 is 20,+++. The 3 of us are living in the same house. My husband does not own property except 2 cars & we dont have enough bank account because we spend a lot like purchasing for a new car & etc. Me (new LPR) & daughter (AOS applicant)had just start working almost the same time last Aug'09. My husband's income to this date is 15,000 mine is 4,000 & daughter is same gross income before tax. So if we count our income altogether seems like we already meet the requirement. My question is, Can we join together our income to meet the income requirement using I864A? I plan to submit this RFE comes January or before the deadline so we can have more income . Can we ask W2 & IRS this Jan?

Please HELP ME VJ people, I need your advise. I trust You more SMART VJ'ERS than USCIS reps.

When you say your income to date is xxx, do you mean that is what you've earnt in 2009 so far or the total amount you are expected to earn in any given year? I was under the impression that you can join household income for the I-864 and they look at your projected earnings if you haven't got tax transcripts that show a qualifying amount. Could someone with personal experience of filing an I-864 please confirm this?

You would use letters from employers confirming your employment and recent payslips to calculate an average if your pay is variable (because you work inconsistent hours per week) or to calculate your annual pay if it's a set amount every pay check.

For example, you earn $200 a week, paid every 2 weeks and you submit 4 payslips that show the same amount. They would calculate that your gross earnings are $100 per week and multiply this by 52 to get your projected annual income of $5,200

or

you earnt $150 payslip 1, £200 payslip 2, £250 payslip 3 and $300 payslip 4: they calculate you earnt $900 over an 8 week period, which is $112.50 per week. multiplied by 52 means your projected annual income is $5850.

As I mentioned my gross income based on my last paycheck is $4,+++ same with my daughter. We got jobs after we get our EAD last Aug. I get paychecks every other week which is more or less $600 for 75 hrs.

My question s can we combine our income in I-864A? Is this the right thing to do?

Pls I need good advise.

If your gross income for three months (assuming you started in Sept) is $4000, your annual income is about $16,000. THAT is what should be reported to the USCIS, not $4000.

[rebeccajo 14]

If the intending immigrant has income from legally authorized employment, it can count towards the household income. This means employment evidenced by an EAD.

If I follow you correctly, your household size would be three.

It sounds to me as if your income combined with your husband's puts you over the threshold. I don't believe the income of your 20 year old child need be involved at all. She does count in the household size though.

You simply add your annual gross income to his annual gross income on the I864 in Section 24. There is no need to complete an I864A.

As you have a filing deadline of February 14 for the RFE, you might consider preparing your income taxes as soon as possible and attaching that return to the RFE response. If you decide to do this, I would advise sending the RFE back to the Service by a ground carrier such as Federal Express rather than USPS.

Edited December 1, 2009 by rebeccajo

[mamalou 0]

Last month my USC husband filed AOS for my 20 yr old daughter, Just recently she got 2 RFE's. One of it, is for the vaccination which is not really a problem because we can work it out here anyday & the other thing, is the Affidavit of Support which is very complicated, I understand that my husband doest meet the current Federal 125% Income Requirement. The RFe dated Nov 19,2009 which gave us 87 days to submit it, so it'll be Feb 14 deadline . Getting a relative & friends as joint sponsor is bothersome & quite not possible, They are so reluctant, so better not. Looking at the uscis website about I-864P the income requirement for 3 is 20,+++. The 3 of us are living in the same house. My husband does not own property except 2 cars & we dont have enough bank account because we spend a lot like purchasing for a new car & etc. Me (new LPR) & daughter (AOS applicant)had just start working almost the same time last Aug'09. My husband's income to this date is 15,000 mine is 4,000 & daughter is same gross income before tax. So if we count our income altogether seems like we already meet the requirement. My question is, Can we join together our income to meet the income requirement using I864A? I plan to submit this RFE comes January or before the deadline so we can have more income . Can we ask W2 & IRS this Jan?

Please HELP ME VJ people, I need your advise. I trust You more SMART VJ'ERS than USCIS reps.

When you say your income to date is xxx, do you mean that is what you've earnt in 2009 so far or the total amount you are expected to earn in any given year? I was under the impression that you can join household income for the I-864 and they look at your projected earnings if you haven't got tax transcripts that show a qualifying amount. Could someone with personal experience of filing an I-864 please confirm this?

You would use letters from employers confirming your employment and recent payslips to calculate an average if your pay is variable (because you work inconsistent hours per week) or to calculate your annual pay if it's a set amount every pay check.

For example, you earn $200 a week, paid every 2 weeks and you submit 4 payslips that show the same amount. They would calculate that your gross earnings are $100 per week and multiply this by 52 to get your projected annual income of $5,200

or

you earnt $150 payslip 1, £200 payslip 2, £250 payslip 3 and $300 payslip 4: they calculate you earnt $900 over an 8 week period, which is $112.50 per week. multiplied by 52 means your projected annual income is $5850.

As I mentioned my gross income based on my last paycheck is $4,+++ same with my daughter. We got jobs after we get our EAD last Aug. I get paychecks every other week which is more or less $600 for 75 hrs.

My question s can we combine our income in I-864A? Is this the right thing to do?

Pls I need good advise.

If your gross income for three months (assuming you started in Sept) is $4000, your annual income is about $16,000. THAT is what should be reported to the USCIS, not $4000.

Thank you very much guys for sharing your knowledge. I LOVE YOU ALL.

[rebeccajo 14]

Bumping this back up to the top for input from others.

Edited December 3, 2009 by rebeccajo

[payxibka 10,045]

When does your daughter turn 21?

How old was she when you and your husband got married? (please say under 18)

What is the status of the I-130?

Edited December 3, 2009 by payxibka

[rin and john 71]

How old was she when you and your husband got married? (please say under 18)

Would have been at least 18; her timeline shows they married in January 2008 (23 months ago) - so a 20 y.o. would have been 18 (or just turned 19 if her BD is between now and the anniversary date).

[payxibka 10,045]

How old was she when you and your husband got married? (please say under 18)

Would have been at least 18; her timeline shows they married in January 2008 (23 months ago) - so a 20 y.o. would have been 18 (or just turned 19 if her BD is between now and the anniversary date).

Well that is what I think...aand if true, means her daughter is on a "dead end" visa... As the USC spouse is not eligible to file an I-130 for the daughter (stepchild relationship created after the 18th birthday) and therefore the I-485 is doomed as an approved I-130 is the basis for the K-4 adjustment.... Which means then that the daughter will not be able to adjust (and therefore remain) and will need to return "home"...

Edited December 3, 2009 by payxibka

[rin and john 71]

How old was she when you and your husband got married? (please say under 18)

Would have been at least 18; her timeline shows they married in January 2008 (23 months ago) - so a 20 y.o. would have been 18 (or just turned 19 if her BD is between now and the anniversary date).

Well that is what I think...aand if true, means her daughter is on a "dead end" visa... As the USC spouse is not eligible to file an I-130 for the daughter (stepchild relationship created after the 18th birthday) and therefore the I-485 is doomed as an approved I-130 is the basis for the K-4 adjustment.... Which means then that the daughter will not be able to adjust (and therefore remain) and will need to return "home"...

Looking at older posts, her daugther turned 20 on Nov 2, 2009; so she was 18 at the time they married.

It was discussed in an earlier thread:

http://www.visajourney.com/forums/index.ph...t&p=3512744

Apparently they initially submitted just the I-485 and it was rejected. Submitted together with the I-130 and was accepted. Gary's post in that thread makes it sound like the age out applies to CR-2's and not K-4's. I'm not sure....but it would seem odd they would grant a K-4 visa to someone who would be ineligible to adjust status.

Edited December 3, 2009 by rin and john

[payxibka 10,045]

Looking at older posts, her daugther turned 20 on Nov 2, 2009; so she was 18 at the time they married.

It was discussed in an earlier thread:

http://www.visajourney.com/forums/index.ph...t&p=3512744

Apparently they initially submitted just the I-485 and it was rejected. Submitted together with the I-130 and was accepted. Gary's post in that thread makes it sound like the age out applies to CR-2's and not K-4's. I'm not sure....but it would seem odd they would grant a K-4 visa to someone who would be ineligible to adjust status.

Accepted for adjudication maybe... but not approved...

As to age then she turned 18 on 11/2/2007 and they were married on 1/22/2008... so she was already 18... worst possible answer for them

This is not yet an age out situation.... this is an eligibility situation first

Edited December 3, 2009 by payxibka

[meauxna 15]

I'm not sure....but it would seem odd they would grant a K-4 visa to someone who would be ineligible to adjust status.

That's why it's a dead-end visa. She can get the K-4, but has no way to adjust.