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AOS I-864 and the need of joint sponsor for CR-1 / IR-1

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Can anybody clarify me how will the NVC and the Embassy asses the sponsor's income on Part 6 of the I-864 form? I understand we must put at least 125% above the poverty line which is a minimum of $19,912. So do we actually input the annual estimated income for 2015? If so, what's the right calculation? If say a wage worker gets paid $16/hr x 40 hrs/week x 52 weeks/year = $33,280 gross. So would it be safe to input $33,280 on there?

Reason I'm asking is that the wife (sponsor) is planning to take a break from work and visit me in my home country for a few months (until hopefully my CR1 gets approved). Would NVC/Embassy cross check with her employer to see the numbers are legit?

She has filed her taxes for the past 3 years but since she never lives in the US for a full 365 days a year every year, this means that every year she files below $20,000.

Can we file a joint sponsor (her mom) that is living in the same household even though we're filing her income to be above $19,912?

Thanks y'all.


Dec-2013: Got married

USCIS

18-Sep-2014: Sent I-130 to Phoenix, AZ Lockbox

23-Sep-2014: Received NOA1 - routed to Nebraska SC

09-Mar-2015: Received RFE (Marriage Cert)

16-Mar-2015: Sent RFE to NSC

17-Mar-2015: NSC Received Docs for RFE

24-Mar-2015: Received NOA2 - Online notification

31-Mar-2015: Received NOA2 - by mail

06-Apr-2015: NVC Received case from USCIS

NVC

15-Apr-2015: Got assigned NVC Case #, IIN #

20-Apr-2015: Submitted DS-261

21-Apr-2015: Received DS-261 / AOS Bill

22-Apr-2015: Paid AOS Bill

24-Apr-2015: AOS Payment processed

29-Apr-2015: NVC updated our account that the petitioner is the agent

06-May-2015: Received IV Fee Invoice

21-May-2015: Sent IV Fee via mail with a cashier's check (Online payment was down)

27-May-2015: Sent Civil & Financial documents to NVC

01-Jun-2015: NVC Cashed the check

08-Jun-2015: NVC Received the documents sent on 5/27

09-Oct-2015: Received RFE for Police Certificate, but n/a for Indonesia. Put on Supervisor's list

17-Nov-2015: Case Complete at NVC

US Embassy

16-Dec-2015: Medical Checkup, ready in 3 days

06-Jan-2016: Interview Date - Approved!

13-Jan-2016: Passport & Visa in hand

xx-xxx-2016: POE (TBD)

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hi

so she would be quitting her job? or will she get paid for the leave of absence? she can only estimate what she will get paid for, how much does she estimate that she will have made when the company sends her the W2 next year?

it has to closely match what she would declare next year on her taxes

so if she isn't getting paid for those months, they cannot be factored in for estimated income.

because if she doesn't have a job, she will definitely need a joint sponsor

Edited by aleful

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Current income is Calculated using base salary. overtime paid, bonus, sick paid, vacation, or any other gain or losses on salary are not figure in, Your $16.00 an hourX40 hours X 52 weeks calculation is correct, but it does not sounds like your wife is working that much.

Yes they may question why she is suppose to make $33,280 a year but only had $20,000 a year reported income for past three year, That is a big different in amount a person is suppose to make and what they actually do. She will have to be off work for more then a couple of months each year to have that big of a difference.

I am assuming once you are in the states she will be working more. With the salary you stated you should be ok. but only having to file taxes on $20,000 might be a problem .In your case it might be best to use your wife mom as a joint sponsor

Edited by j&ana

ROC
Service Center : Nebraska Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-20
I-130 Sent : 2014-10-06
I-130 NOA1 : 2014-10-09
I-130 RFE for NSO copy of marriage certificate: 2014-11-03
I-130 RFE Sent : 2014-11-18
I-130 Approved : 2014-12-07
NVC Received : 2014-12-23
NVC case number: 2015-02-04
Received DS-261 / AOS Bill : 2015-02-04
Pay AOS Bill : 2015-02-05
Submit DS-261 : 2015-02-05
Sent AOS Package : 2015-02-09
Sent IV Package : 2015-02-09
Scan date : 2015-02-10
Receive IV Bill : 2015-03-03
Pay IV Bill : 2015-03-06
Submit DS-260: 2015-3-12
Case Completed at NVC : 2015-03-20
Receive Instruction and Interview appointment letter: 2015-3-27
Medical complete: 2015-04-08
Interview Date : 2015-05-08
Interview Result : Approved
Visa Received : 2015-05-13

Date of US Entry : 2015-06-09
 

Date of Social Security card receive : 06-2015

Date of Green Card received 07-2015

Date of ROC FILE 05-19-2017

 I-751 NOA Date 05-26-2017

   

http://jerryjja.wix.com/filipinasaswa?_ga=1.194674661.91538870.1441656248

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hi

so she would be quitting her job? or will she get paid for the leave of absence? she can only estimate what she will get paid for, how much does she estimate that she will have made when the company sends her the W2 next year?

it has to closely match what she would declare next year on her taxes

so if she isn't getting paid for those months, they cannot be factored in for estimated income.

because if she doesn't have a job, she will definitely need a joint sponsor

Current income is Calculated using base salary. overtime paid, bonus, sick paid, vacation, or any other gain or losses on salary are not figure in, Your $16.00 an hourX40 hours X 52 weeks calculation is correct, but it does not sounds like your wife is working that much.

Yes they may question why she is suppose to make $33,280 a year but only had $20,000 a year reported income for past three year, That is a big different in amount a person is suppose to make and what they actually do. She will have to be off work for more then a couple of months each year to have that big of a difference.

I am assuming once you are in the states she will be working more. With the salary you stated you should be ok. but only having to file taxes on $20,000 might be a problem .In your case it might be best to use your wife mom as a joint sponsor

hey guys,

thanks for the attention.

so the last 2-3 years she was working for a different company. the 2015 company is totally new, so there is no way to look back at the historical salary. and no, there won't be any pay while being absent - in which will reduce the estimated yearly salary if working full time for the entire year. If she's absent for 3 months = 12 weeks, it will bring down her estimated annual salary to $25,600. Still above the requirement.

Based on this, is it safe to put the new $25k salary in the AOS and also use my mom-in-law as joint sponsor?


Dec-2013: Got married

USCIS

18-Sep-2014: Sent I-130 to Phoenix, AZ Lockbox

23-Sep-2014: Received NOA1 - routed to Nebraska SC

09-Mar-2015: Received RFE (Marriage Cert)

16-Mar-2015: Sent RFE to NSC

17-Mar-2015: NSC Received Docs for RFE

24-Mar-2015: Received NOA2 - Online notification

31-Mar-2015: Received NOA2 - by mail

06-Apr-2015: NVC Received case from USCIS

NVC

15-Apr-2015: Got assigned NVC Case #, IIN #

20-Apr-2015: Submitted DS-261

21-Apr-2015: Received DS-261 / AOS Bill

22-Apr-2015: Paid AOS Bill

24-Apr-2015: AOS Payment processed

29-Apr-2015: NVC updated our account that the petitioner is the agent

06-May-2015: Received IV Fee Invoice

21-May-2015: Sent IV Fee via mail with a cashier's check (Online payment was down)

27-May-2015: Sent Civil & Financial documents to NVC

01-Jun-2015: NVC Cashed the check

08-Jun-2015: NVC Received the documents sent on 5/27

09-Oct-2015: Received RFE for Police Certificate, but n/a for Indonesia. Put on Supervisor's list

17-Nov-2015: Case Complete at NVC

US Embassy

16-Dec-2015: Medical Checkup, ready in 3 days

06-Jan-2016: Interview Date - Approved!

13-Jan-2016: Passport & Visa in hand

xx-xxx-2016: POE (TBD)

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hey guys,

thanks for the attention.

so the last 2-3 years she was working for a different company. the 2015 company is totally new, so there is no way to look back at the historical salary. and no, there won't be any pay while being absent - in which will reduce the estimated yearly salary if working full time for the entire year. If she's absent for 3 months = 12 weeks, it will bring down her estimated annual salary to $25,600. Still above the requirement.

Based on this, is it safe to put the new $25k salary in the AOS and also use my mom-in-law as joint sponsor?

If she can prove the 25k current income that is more then enough for current income. with employment letter and paystubs Then you should be able to prove the income. I had just moved and started a new job when I file my wife I-130 petition. and only had been working there a short time when I sent in the I-864.I also just gotten a raise before I sent the form in. I base my current income on the raise even thou only one copy of my paycheck stubs show the raise the rest show what I was making Now It seems like you will not need a joint sponsor. If you decide not to use a joint sponsor try to use the I-864ez form if you can it is shorter and easier to fill out

Also I do not know about Indonesia but for the Philippines only the last tax return was required with the I-864 not the last three. the income did have to be reported for last three years on the form

Edited by j&ana

ROC
Service Center : Nebraska Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-20
I-130 Sent : 2014-10-06
I-130 NOA1 : 2014-10-09
I-130 RFE for NSO copy of marriage certificate: 2014-11-03
I-130 RFE Sent : 2014-11-18
I-130 Approved : 2014-12-07
NVC Received : 2014-12-23
NVC case number: 2015-02-04
Received DS-261 / AOS Bill : 2015-02-04
Pay AOS Bill : 2015-02-05
Submit DS-261 : 2015-02-05
Sent AOS Package : 2015-02-09
Sent IV Package : 2015-02-09
Scan date : 2015-02-10
Receive IV Bill : 2015-03-03
Pay IV Bill : 2015-03-06
Submit DS-260: 2015-3-12
Case Completed at NVC : 2015-03-20
Receive Instruction and Interview appointment letter: 2015-3-27
Medical complete: 2015-04-08
Interview Date : 2015-05-08
Interview Result : Approved
Visa Received : 2015-05-13

Date of US Entry : 2015-06-09
 

Date of Social Security card receive : 06-2015

Date of Green Card received 07-2015

Date of ROC FILE 05-19-2017

 I-751 NOA Date 05-26-2017

   

http://jerryjja.wix.com/filipinasaswa?_ga=1.194674661.91538870.1441656248

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If she can prove the 25k current income that is more then enough for current income. with employment letter and paystubs Then you should be able to prove the income. I had just moved and started a new job when I file my wife I-130 petition. and only had been working there a short time when I sent in the I-864.I also just gotten a raise before I sent the form in. I base my current income on the raise even thou only one copy of my paycheck stubs show the raise the rest show what I was making Now It seems like you will not need a joint sponsor. If you decide not to use a joint sponsor try to use the I-864ez form if you can it is shorter and easier to fill out

Also I do not know about Indonesia but for the Philippines only the last tax return was required with the I-864 not the last three. the income did have to be reported for last three years on the form

from your experience, how many pay stubs did you have to submit to NVC and/or for the interview at the embassy?


Dec-2013: Got married

USCIS

18-Sep-2014: Sent I-130 to Phoenix, AZ Lockbox

23-Sep-2014: Received NOA1 - routed to Nebraska SC

09-Mar-2015: Received RFE (Marriage Cert)

16-Mar-2015: Sent RFE to NSC

17-Mar-2015: NSC Received Docs for RFE

24-Mar-2015: Received NOA2 - Online notification

31-Mar-2015: Received NOA2 - by mail

06-Apr-2015: NVC Received case from USCIS

NVC

15-Apr-2015: Got assigned NVC Case #, IIN #

20-Apr-2015: Submitted DS-261

21-Apr-2015: Received DS-261 / AOS Bill

22-Apr-2015: Paid AOS Bill

24-Apr-2015: AOS Payment processed

29-Apr-2015: NVC updated our account that the petitioner is the agent

06-May-2015: Received IV Fee Invoice

21-May-2015: Sent IV Fee via mail with a cashier's check (Online payment was down)

27-May-2015: Sent Civil & Financial documents to NVC

01-Jun-2015: NVC Cashed the check

08-Jun-2015: NVC Received the documents sent on 5/27

09-Oct-2015: Received RFE for Police Certificate, but n/a for Indonesia. Put on Supervisor's list

17-Nov-2015: Case Complete at NVC

US Embassy

16-Dec-2015: Medical Checkup, ready in 3 days

06-Jan-2016: Interview Date - Approved!

13-Jan-2016: Passport & Visa in hand

xx-xxx-2016: POE (TBD)

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I submitted 5 months of pay stubs as that is how long I been at my job at the time but only one had my raise on it, that I use to figure out my current income of course I would of still been making enough. If your wife had been working a couple of months are more it should be ok. If she just started her job a week or two ago it might be different. How long has your wife been at her new job?

My wife has not had her interview yet I sent her everything I sent to the NVC for the AOS, I also sent my extension for filing this year alone with copies of y w-2s and 1099 for this year


ROC
Service Center : Nebraska Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-20
I-130 Sent : 2014-10-06
I-130 NOA1 : 2014-10-09
I-130 RFE for NSO copy of marriage certificate: 2014-11-03
I-130 RFE Sent : 2014-11-18
I-130 Approved : 2014-12-07
NVC Received : 2014-12-23
NVC case number: 2015-02-04
Received DS-261 / AOS Bill : 2015-02-04
Pay AOS Bill : 2015-02-05
Submit DS-261 : 2015-02-05
Sent AOS Package : 2015-02-09
Sent IV Package : 2015-02-09
Scan date : 2015-02-10
Receive IV Bill : 2015-03-03
Pay IV Bill : 2015-03-06
Submit DS-260: 2015-3-12
Case Completed at NVC : 2015-03-20
Receive Instruction and Interview appointment letter: 2015-3-27
Medical complete: 2015-04-08
Interview Date : 2015-05-08
Interview Result : Approved
Visa Received : 2015-05-13

Date of US Entry : 2015-06-09
 

Date of Social Security card receive : 06-2015

Date of Green Card received 07-2015

Date of ROC FILE 05-19-2017

 I-751 NOA Date 05-26-2017

   

http://jerryjja.wix.com/filipinasaswa?_ga=1.194674661.91538870.1441656248

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she actually has been with the compay since Jan 2015, but for the first 2 months was through a temp agency (company name is on the agency's pay stub). afterwards she was placed permanently within the company until now.

i'm thinking if NVC thinks that the 25k is not enough for some reason, then we could amend with a joint sponsor (i'm just speculating here)


Dec-2013: Got married

USCIS

18-Sep-2014: Sent I-130 to Phoenix, AZ Lockbox

23-Sep-2014: Received NOA1 - routed to Nebraska SC

09-Mar-2015: Received RFE (Marriage Cert)

16-Mar-2015: Sent RFE to NSC

17-Mar-2015: NSC Received Docs for RFE

24-Mar-2015: Received NOA2 - Online notification

31-Mar-2015: Received NOA2 - by mail

06-Apr-2015: NVC Received case from USCIS

NVC

15-Apr-2015: Got assigned NVC Case #, IIN #

20-Apr-2015: Submitted DS-261

21-Apr-2015: Received DS-261 / AOS Bill

22-Apr-2015: Paid AOS Bill

24-Apr-2015: AOS Payment processed

29-Apr-2015: NVC updated our account that the petitioner is the agent

06-May-2015: Received IV Fee Invoice

21-May-2015: Sent IV Fee via mail with a cashier's check (Online payment was down)

27-May-2015: Sent Civil & Financial documents to NVC

01-Jun-2015: NVC Cashed the check

08-Jun-2015: NVC Received the documents sent on 5/27

09-Oct-2015: Received RFE for Police Certificate, but n/a for Indonesia. Put on Supervisor's list

17-Nov-2015: Case Complete at NVC

US Embassy

16-Dec-2015: Medical Checkup, ready in 3 days

06-Jan-2016: Interview Date - Approved!

13-Jan-2016: Passport & Visa in hand

xx-xxx-2016: POE (TBD)

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I think you will be ok without a joint sponsor 25k is more then enough, for two people, but yes you can use a joint sponsor later if needed

Edited by j&ana

ROC
Service Center : Nebraska Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-20
I-130 Sent : 2014-10-06
I-130 NOA1 : 2014-10-09
I-130 RFE for NSO copy of marriage certificate: 2014-11-03
I-130 RFE Sent : 2014-11-18
I-130 Approved : 2014-12-07
NVC Received : 2014-12-23
NVC case number: 2015-02-04
Received DS-261 / AOS Bill : 2015-02-04
Pay AOS Bill : 2015-02-05
Submit DS-261 : 2015-02-05
Sent AOS Package : 2015-02-09
Sent IV Package : 2015-02-09
Scan date : 2015-02-10
Receive IV Bill : 2015-03-03
Pay IV Bill : 2015-03-06
Submit DS-260: 2015-3-12
Case Completed at NVC : 2015-03-20
Receive Instruction and Interview appointment letter: 2015-3-27
Medical complete: 2015-04-08
Interview Date : 2015-05-08
Interview Result : Approved
Visa Received : 2015-05-13

Date of US Entry : 2015-06-09
 

Date of Social Security card receive : 06-2015

Date of Green Card received 07-2015

Date of ROC FILE 05-19-2017

 I-751 NOA Date 05-26-2017

   

http://jerryjja.wix.com/filipinasaswa?_ga=1.194674661.91538870.1441656248

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thanks j&ana for the pointers.

best of luck on the interview!


Dec-2013: Got married

USCIS

18-Sep-2014: Sent I-130 to Phoenix, AZ Lockbox

23-Sep-2014: Received NOA1 - routed to Nebraska SC

09-Mar-2015: Received RFE (Marriage Cert)

16-Mar-2015: Sent RFE to NSC

17-Mar-2015: NSC Received Docs for RFE

24-Mar-2015: Received NOA2 - Online notification

31-Mar-2015: Received NOA2 - by mail

06-Apr-2015: NVC Received case from USCIS

NVC

15-Apr-2015: Got assigned NVC Case #, IIN #

20-Apr-2015: Submitted DS-261

21-Apr-2015: Received DS-261 / AOS Bill

22-Apr-2015: Paid AOS Bill

24-Apr-2015: AOS Payment processed

29-Apr-2015: NVC updated our account that the petitioner is the agent

06-May-2015: Received IV Fee Invoice

21-May-2015: Sent IV Fee via mail with a cashier's check (Online payment was down)

27-May-2015: Sent Civil & Financial documents to NVC

01-Jun-2015: NVC Cashed the check

08-Jun-2015: NVC Received the documents sent on 5/27

09-Oct-2015: Received RFE for Police Certificate, but n/a for Indonesia. Put on Supervisor's list

17-Nov-2015: Case Complete at NVC

US Embassy

16-Dec-2015: Medical Checkup, ready in 3 days

06-Jan-2016: Interview Date - Approved!

13-Jan-2016: Passport & Visa in hand

xx-xxx-2016: POE (TBD)

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