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2005 vs 2006 Poverty Guidelines for I-130

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Hi. I just read from the I-864 link http://travel.state.gov/visa/immigrants/in...nfo_1328.html#6 that

"...sponsors filing an I-864 are required to submit only their Federal tax return for their most recent tax year, current as of the date of execution of the I-864".

We've submitted, last November, our 2004 ITR based on the 2005 Poverty Guidelines which was above the requirement as of filing the I-864. However, I have to wait for 7 months before I can get an interview date from Manila Embassy; I now have to show 2005 ITR which is below 2006 Poverty Guidelines (I'm thinking if CR1 has to follow this even if we've already filed I-864 last Nov 2005. :unsure: Their laws stated it. ). The Schedule C is above the requirement. My husband is self-employed. He has higher gross income but when deductions (we purchased somebody's business) came into scene, it put our 2005 Adjusted Gross Sales below the 2006 Poverty Guidelines. The accountant made a "Statement" for our filing that we've a deduction for purchasing that business.

With just the facts above, is the income or AOS sufficient for a mid-2006 CR1 visa interview? Any thoughts, ideas are appreciated.

Thanks,

Gemma

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Filed: K-3 Visa Country: Philippines
Timeline

From my unerstanding they will have to go off the most recent tax filings. Due to your husband needing to file quarterly it would mean he will be held to the 2006 guidelines. For something like this I'd actually call and find out rather than worry.

Only advice I can really give is to contact the powers that be on this and ask a pointed question such as you've asked here, just to be safe. Asking a question never hurt.

Married 27 March, 2005

2 May, 2005 sent in I-130

15 May, 2005 received NOA1

2 August, 2005 sent in I-129F

18 August, 2005 received NOA1

18 October, 2005 moved to NCSC

27 October, 2005 recieved another NOA2

10 November, 2005 NOA1 on I-130

2 December, 2005 Final Approval on I-129F

5 May, 2006....Fiasco on Delivery of Packet for medical and interview date

28 May, 2006 New date for interview set at 2 Aug.

1 June, 2006 medical and intervew dates jumped up due to request for early interview due to pregnancy

14 June, 2006 date set for medical

21 June, 2006 date set for visa interview

23 June, 2006, K3 Non-Immigrant Visa is APPROVED!!!!

28 June 2006 K3 visa is received

14 July, 2006 taking off from Manila and landing in Texas, FINALLY

15 November 2006, Alyssa Brigid Espenili Darling born

19 April, 2007, EAD approval

14 December, 1007, Interview for Adjustment of Status in San Antonio, TX

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