General question about 125% of poverty line

[Gary_UK 17]

Hello everyone.

I have a question regarding 125% above poverty line. My fiancee and myself have been doing some numbers for the I-134 that she is filling in at the moment. She been the US citizen ( applicant ) and I the beneficiary....

Doing the math it appears that with the child support she gets from her ex she scrapes just above the 125% povery line by literally less than 100 dollars.

First of all is it ok for her to consider that as part of her income ?

and if she can....

I know that this is a "gnats fart" over the 125% figure we are reading about ... would we need a co-sponsor ?

I'm asking this as she has been to someone.. the only one who she can approach in the family to ask for co-sponsorship and has alarmingly and out of the blue flatly said NO.

This has made a horrible dent in our confidence about the visa application and if we cannot sort out the financial situation then there is every possibility that our application will stall and possibly fail

We are both very upset at this moment and would greatly appreciate any input on this at all.

Thank you in advance. to all of you.

p.s. in addition to this we filed in 2008 ( december ) will she need to go by 2008 povery guidelines or 2009's ?

Edited May 11, 2009 by Gary_UK

[Nik+Heather 122]

Just to check:

You are considering the poverty threshold for a household including you, her, and all children living with her to find your poverty guideline?

Do either of you have any assets which can be used for peace of mind? I have read that assets of both may be considered when the CO is looking through things. A few thousand in savings might be just the extra "umph" you need.

[Anh map 2,098]

You will be using the 2009 guidelines.

Child support can be used in the affidavit of support.

You should be using the gross income, not net.

Meeting the guideline is the requirement. It would be nice to be comfortably above.

[Gary_UK 17]

You will be using the 2009 guidelines.

Child support can be used in the affidavit of support.

You should be using the gross income, not net.

Meeting the guideline is the requirement. It would be nice to be comfortably above.

yes we are using gross income and the 2009 guideline. What I think we are going to do is use her car as additional collateral with the ownership paperwork to cover that.

In addition to that I have a rare (ish) car which I will be selling but will hold onto, till the interview which currently the blue book value puts it ( considering its 12 years old ) at around $7000 u.s. as well as hope to have a couple of grand (UK pounds) in savings to add to the pile too.

which should put us in good stead.

do you collectively think that should put us into the comfort zone ?

Oh we also managed to open a joint US bank account on my last visit a week ago ( thank you key bank ) so was hoping to put funds into that. to help pay for the wedding etc. but may hold off on that till after the interview.

Edited May 11, 2009 by Gary_UK

[Hell0W0rld 10]

try your best to find a co-sponsor, the VO needs to be sure that you don't become a public charge, your fiancee needs to provide proof for future income and just right now at this moment, so cars and whatever you have in your savings might not cut it. if she can maybe she can look for a better job, if not then find a co-sponsor, a co-sponsor does not need to be family, it could be friends, that don't have to live in the same state, as long as they are US citizens are Legal Perminant Residence...

[Gary and Alla 3,696]

Hello everyone.

I have a question regarding 125% above poverty line. My fiancee and myself have been doing some numbers for the I-134 that she is filling in at the moment. She been the US citizen ( applicant ) and I the beneficiary....

Doing the math it appears that with the child support she gets from her ex she scrapes just above the 125% povery line by literally less than 100 dollars.

First of all is it ok for her to consider that as part of her income ?

and if she can....

I know that this is a "gnats fart" over the 125% figure we are reading about ... would we need a co-sponsor ?

I'm asking this as she has been to someone.. the only one who she can approach in the family to ask for co-sponsorship and has alarmingly and out of the blue flatly said NO.

This has made a horrible dent in our confidence about the visa application and if we cannot sort out the financial situation then there is every possibility that our application will stall and possibly fail

We are both very upset at this moment and would greatly appreciate any input on this at all.

Thank you in advance. to all of you.

p.s. in addition to this we filed in 2008 ( december ) will she need to go by 2008 povery guidelines or 2009's ?

Generally child support counts if it is court ordered (need copy of court order) and is being paid (need proof of payment). She should definitely count it in her I-134. The consulate can decide to consider it or not, generally yes, but if the order is until the child is 18 and there is only 6 months left...maybe not. As for if being "just over" is sufficient, again up to the consulate officer. He may look at YOUR qualifications and work skills and determine you will also work and contribute, when possible. I could not suggest you go without a co-sponsor when so borderline, but it may be possible. Check some London reviews and check the regional forums for some feedback. In Kiev, it would probably be acceptable.

Don't take any points off the board, so to speak. Be sure to use her GROSS income (line 22 of the 1040) and be sure to include for any reasonable overtime, bonuses, etc. Basically take her income to date (thru May for example) divide by 5 and multiply by 12. This is a reasonable and logical calculation of her CURRENT annual income. Maybe it will help.

The guidelines are just that, making over the minimum is pretty much required, but how much over is not cast in stone. It is the job of the CO to look at your case and determine if you will become a "public charge". Other factors besides just oncome can come into play in your favor or against.

[Gary and Alla 3,696]

You will be using the 2009 guidelines.

Child support can be used in the affidavit of support.

You should be using the gross income, not net.

Meeting the guideline is the requirement. It would be nice to be comfortably above.

yes we are using gross income and the 2009 guideline. What I think we are going to do is use her car as additional collateral with the ownership paperwork to cover that.

In addition to that I have a rare (ish) car which I will be selling but will hold onto, till the interview which currently the blue book value puts it ( considering its 12 years old ) at around $7000 u.s. as well as hope to have a couple of grand (UK pounds) in savings to add to the pile too.

which should put us in good stead.

do you collectively think that should put us into the comfort zone ?

Oh we also managed to open a joint US bank account on my last visit a week ago ( thank you key bank ) so was hoping to put funds into that. to help pay for the wedding etc. but may hold off on that till after the interview.

Assets will be counted at 1/3 the value of income. But what you speak of should give you some cushion. The funds will need to be in HER (or a joint account) for her to count them. Assets of the intending immigrant do not count, but if the car is sold and the funds deposited in an account she owns, then they will count.

Key Bank? Where are you going to be living? We have Key Bank in Vermont but it is rather a local bank, only Vermont and a few in Upstate New York.

Good luck!

[Gary_UK 17]

You will be using the 2009 guidelines.

Child support can be used in the affidavit of support.

You should be using the gross income, not net.

Meeting the guideline is the requirement. It would be nice to be comfortably above.

yes we are using gross income and the 2009 guideline. What I think we are going to do is use her car as additional collateral with the ownership paperwork to cover that.

In addition to that I have a rare (ish) car which I will be selling but will hold onto, till the interview which currently the blue book value puts it ( considering its 12 years old ) at around $7000 u.s. as well as hope to have a couple of grand (UK pounds) in savings to add to the pile too.

which should put us in good stead.

do you collectively think that should put us into the comfort zone ?

Oh we also managed to open a joint US bank account on my last visit a week ago ( thank you key bank ) so was hoping to put funds into that. to help pay for the wedding etc. but may hold off on that till after the interview.

Assets will be counted at 1/3 the value of income. But what you speak of should give you some cushion. The funds will need to be in HER (or a joint account) for her to count them. Assets of the intending immigrant do not count, but if the car is sold and the funds deposited in an account she owns, then they will count.

Key Bank? Where are you going to be living? We have Key Bank in Vermont but it is rather a local bank, only Vermont and a few in Upstate New York.

Good luck!

That's good information. thank you. And in some respects has put our minds at ease.

I have asked my fiancee if she can approach another relative who may be able to help ( fingers crossed ). As I said earlier Neither of us can understand

why our original has balked at the request where there is little to no chance of bad things happening but I will let that sore point be for the time being.

As for finances and possible public charge I would like to think that working for 20 years in I.T. with a broad range of experience should put me in good stead. But as you said this is down to the CO at the time making that decision. I am thinking positive thoughts.

I have my medical a week Friday in London. I hope that my blood pressure will be a lot lower when it comes time for me to drive down there

As for Key Bank. Is in north Indiana too. they are all over the place. By pure chance when cashing some travelers checks I mentioned to the teller that we were having a mare

of a time getting a bank account for me and got introduced to the bank manager who sat us down and with all my paperwork at hand we had a joint checking account opened in an hour or so.

[Allie and Nigel 2]

Hiya,

I'm in the same boat....with the income guideline and my child support that I receive I am barely making the cutoff. You know the beauty of the government is that they stick to the rules, If you make it...you make it...if you dont, well you dont....we find a way eventually....

Good luck...

Allison Quigley

[Gary and Alla 3,696]

You will be using the 2009 guidelines.

Child support can be used in the affidavit of support.

You should be using the gross income, not net.

Meeting the guideline is the requirement. It would be nice to be comfortably above.

yes we are using gross income and the 2009 guideline. What I think we are going to do is use her car as additional collateral with the ownership paperwork to cover that.

In addition to that I have a rare (ish) car which I will be selling but will hold onto, till the interview which currently the blue book value puts it ( considering its 12 years old ) at around $7000 u.s. as well as hope to have a couple of grand (UK pounds) in savings to add to the pile too.

which should put us in good stead.

do you collectively think that should put us into the comfort zone ?

Oh we also managed to open a joint US bank account on my last visit a week ago ( thank you key bank ) so was hoping to put funds into that. to help pay for the wedding etc. but may hold off on that till after the interview.

Assets will be counted at 1/3 the value of income. But what you speak of should give you some cushion. The funds will need to be in HER (or a joint account) for her to count them. Assets of the intending immigrant do not count, but if the car is sold and the funds deposited in an account she owns, then they will count.

Key Bank? Where are you going to be living? We have Key Bank in Vermont but it is rather a local bank, only Vermont and a few in Upstate New York.

Good luck!

That's good information. thank you. And in some respects has put our minds at ease.

I have asked my fiancee if she can approach another relative who may be able to help ( fingers crossed ). As I said earlier Neither of us can understand

why our original has balked at the request where there is little to no chance of bad things happening but I will let that sore point be for the time being.

As for finances and possible public charge I would like to think that working for 20 years in I.T. with a broad range of experience should put me in good stead. But as you said this is down to the CO at the time making that decision. I am thinking positive thoughts.

I have my medical a week Friday in London. I hope that my blood pressure will be a lot lower when it comes time for me to drive down there

As for Key Bank. Is in north Indiana too. they are all over the place. By pure chance when cashing some travelers checks I mentioned to the teller that we were having a mare

of a time getting a bank account for me and got introduced to the bank manager who sat us down and with all my paperwork at hand we had a joint checking account opened in an hour or so.

The directive of the state department to the consulates is that they need to be satisfied an intending immigrant will not become a public charge. They specifically mention that an intending immigrant of working age and with prior work history could be allowed to immigrate with the reasonable assurance he could support himself. The good news is the same as the bad news. They can also decide you may become a public charge even when you have financial support documents. It is entirely a subjective decision. I am sure some consulates apply this rule more liberally than others. But yes, they are allowed to consider your income potential (but not your current income as they will not assume you will keep the same job). It is just one of those things they can consider in the "mix".

I didn't know Key Bank was there also. We have almost no nationally recognized banks here, all local banks. Well good luck in Indiana.