A question about figuring income..

[The_Sage1 2]

My situation right now is that I did the math and I do make enough money to be the sponsor myself. The first half of the year I was in college but I decided to take a break and work fulltime. I've been employed since the end of August and I work 40 hours a week and get paid 8.50 an hour plus another .50 cents an hour for "uniform pay", which pretty much goes in my pocket. Do they even figure that misc. type pay into your income? Even so, 8.50 an hour times 40 hours a week times 52 weeks in a year is 17,680 before tax.

Is this how much they tell you make a in a year? Even though I havent been employed full time all year...does it matter, as long as you are bringing in the income now? I am under the impression that I just have to show them my bank statements and my last 3 paystubs. I'm guessing they just base it off of the last 3.

[SunDrop 59]

My situation right now is that I did the math and I do make enough money to be the sponsor myself. The first half of the year I was in college but I decided to take a break and work fulltime. I've been employed since the end of August and I work 40 hours a week and get paid 8.50 an hour plus another .50 cents an hour for "uniform pay", which pretty much goes in my pocket. Do they even figure that misc. type pay into your income? Even so, 8.50 an hour times 40 hours a week times 52 weeks in a year is 17,680 before tax.

Is this how much they tell you make a in a year? Even though I havent been employed full time all year...does it matter, as long as you are bringing in the income now? I am under the impression that I just have to show them my bank statements and my last 3 paystubs. I'm guessing they just base it off of the last 3.

The sponsorship requirements are 125% of the poverty line for the petitioner and the number of current and future dependents. So if it's just you and your fiance and you are not active military or resident in Alaska or Hawaii, then you need to show a gross income of $18,212.

As to what income they consider, would you count the 50 cents as 'income' on your tax return?

It does not matter than you have not earnt that much this year, unless she's not interviewed until after you file your 2009 return. If that is the case, you'd have to provide an explanatory letter of why you will be earning your full salary in 2010. Having said this, your full salary by your calculations is not sufficient and your best advice would be to secure a co-sponsor.

ETA: By my calculations at $8.50 per hour, you'd only need to pick up 2 more hours a week to be clear of the minimum. Alternatively, if the 50 cents is considered income, then you are above the $18,212

Edited November 17, 2009 by SunDrop

[Gary and Alla 3,694]

My situation right now is that I did the math and I do make enough money to be the sponsor myself. The first half of the year I was in college but I decided to take a break and work fulltime. I've been employed since the end of August and I work 40 hours a week and get paid 8.50 an hour plus another .50 cents an hour for "uniform pay", which pretty much goes in my pocket. Do they even figure that misc. type pay into your income? Even so, 8.50 an hour times 40 hours a week times 52 weeks in a year is 17,680 before tax.

Is this how much they tell you make a in a year? Even though I havent been employed full time all year...does it matter, as long as you are bringing in the income now? I am under the impression that I just have to show them my bank statements and my last 3 paystubs. I'm guessing they just base it off of the last 3.

Doesn't matter if you were employed 1 month or 1 year, so let's put that away.

They go by your GROSS income reported on your w-2, your taxes and your paystub. What does you pay stub say? If the $.50 is included in your income, you are borderline. If it is not, your income is not sufficient. Currently $18,212 is needed. You would need about $3000 in assets or savings and/or a part time job, at minimum. I NEVER suggest going to a K1 interview with borderline qualifications and no co-sponsor. The consulate is NOT obligated to issue a visa. Financial support is a subjective decision.

[The_Sage1 2]

I'm planning to have my father(who I live in the same house with) co-sponsor. My fiancee and I will move out next year sometime with the funds I have saved up. I thought that for the Manila consulate accepts 100% of the poverty line for 2 people? (Which would be 14,570)

The AOS requires 125% of the poverty line for 2 people.

[JimVaPhuong 4,863]

I'm planning to have my father(who I live in the same house with) co-sponsor. My fiancee and I will move out next year sometime with the funds I have saved up. I thought that for the Manila consulate accepts 100% of the poverty line for 2 people? (Which would be 14,570)

The AOS requires 125% of the poverty line for 2 people.

Where did you see that the US Embassy in Manila accepts 100% of the poverty level? Most consulates don't specifically say what the minimum requirement is for a K visa because DoS rules specifically allow the consular officer to make a judgment on the "public charge" requirement. Many consulates use the I-864 requirements as a guide. This makes sense, when you think about it. Why would they apply a lower standard, and issue someone a visa when they know their sponsor won't qualify when it comes time to apply for a green card?

"Here's your visa, Miss! Enjoy your brief stay in the US because you'll be coming back after your green card petition is denied!"

Sorry for being facetious, but you can see how silly this would be.

As long as you can show proof that you receive the $8.50 and $0.50 uniform pay, then you barely qualify under the I-864 rules. Bear in mind that the poverty level numbers may go up next year - they are adjusted every year for inflation. You might be under the threshold by the time your fiancee interviews. You should submit your co-sponsor's I-134 and income evidence, along with your own I-134 and evidence, and hope for the best.

[Minya's wife 25]

I'm planning to have my father(who I live in the same house with) co-sponsor. My fiancee and I will move out next year sometime with the funds I have saved up. I thought that for the Manila consulate accepts 100% of the poverty line for 2 people? (Which would be 14,570)

The AOS requires 125% of the poverty line for 2 people.

Where did you see that the US Embassy in Manila accepts 100% of the poverty level? Most consulates don't specifically say what the minimum requirement is for a K visa because DoS rules specifically allow the consular officer to make a judgment on the "public charge" requirement. Many consulates use the I-864 requirements as a guide. This makes sense, when you think about it. Why would they apply a lower standard, and issue someone a visa when they know their sponsor won't qualify when it comes time to apply for a green card?

"Here's your visa, Miss! Enjoy your brief stay in the US because you'll be coming back after your green card petition is denied!"

Sorry for being facetious, but you can see how silly this would be.

As long as you can show proof that you receive the $8.50 and $0.50 uniform pay, then you barely qualify under the I-864 rules. Bear in mind that the poverty level numbers may go up next year - they are adjusted every year for inflation. You might be under the threshold by the time your fiancee interviews. You should submit your co-sponsor's I-134 and income evidence, along with your own I-134 and evidence, and hope for the best.

Because there's nothing to preclude the sponsor from securing a joint-sponsor for AOS, even though he may not need one at the time the visa was issued. Our consulate used the 1-134 (with the 100% income requirement) for approving the K1, and I'm sure there are other consulates that use that guideline. That being said, it is always a wise choice to have a co-sponsor if your income barely qualifies. This way, you're not scrambling to come up with one if the consulate deems that your finances are not sufficient.