Temporarily just under the poverty line!

[C_María 6]

When my husband went to his interview in Mexico last month the financial information we submitted was more than sufficient to meet the 100% poverty guidelines. However in the last few months things have changed with the birth of our child. As far as I know that changes our household size immediately from 2 to 3 people. In addition we need to show an extra 25% above the poverty line to meet the AOS guidelines.

So now instead of 5x $14,710 we need 5x $23,162 which is a huuuuuge difference!!!

I am out of work right now because of the baby and would really like to continue to be a full time mom until she is a year old. My husband will be able to work once he receives his permit and with our co-sponsor and savings we will again meet the requirements. But as far as I know to receive his permit we have to submit the whole I-485 packet including the I-864 which as of this moment does not meet the requirements.

My question is: do we go ahead and submit our inadequate financial information now and can we adjust it later during the interview or send another I-864 once our income increases? Will they even issue a work permit based on that information?

OR is it necessary for me to compromise my values as a mother and go back to work right now to fill in the two or three month gap that will be created while we wait for my husband's permit and in that case wait and fill out the I-485 packet until I secure a job?

Additionally the social security office could not find his info in their system so we are waiting indefinitely on that as well since as far as I know he will need his number coupled with the work permit to get a job, is that correct? So are we just out of luck anyways until they get things straight over there?

It's really important to me to be full time with my baby right now, second only to keeping my husband here and following the steps needed to pursue his residency. What should we do???

I

[Anh map 2,098]

Where are you getting the "5 times" from? If using assets then the amount is 3 times the income needed to qualify. Now if the assets/money is located outside the US it will need to be 5x the amount.

With your income at zero you will need to either prove assets valued at $69,486 (3x 23,162) or find a joint sponsor who can qualify on income and/or assets.

[VanessaTony 3,567]

You are ALL kinds of confused!!

You said there are 3 people in your household size. Therefore you look at this document: http://www.uscis.gov/files/form/i-864p.pdf and find the 125% level for your household size which is $23,162. So the INCOME you need is $23,162. No "times" anything... $23,162 is the TOTAL amount you need to earn OR you need 3 times the income amount in assets.

If you don't earn this amount you can get a cosponsor whose household size PLUS the immigrant meets the amount.

Edited May 16, 2011 by Vanessa&Tony

[C_María 6]

I thought we had to prove that he would not become a public charge for 5 years. The way I interpreted that was 5x the amount for a household of 3 people. I hadn't read the information that asset based proof of income only had to be for 3 years. It's true that I am VERY confused, that is why I'm asking for help!

So with adding my co- sponsor as another single person we use the chart to see that for one year we need $27,937. Since it is asset based we will need 3x or about $90,000. We do not have that much. I am wondering then do we subtract the assets we DO have and assume I need to make a yearly income of 1/3 of that to make up the difference?

Hypothetically we have $60,000 in assets, that leaves $30,000- so someone (me, my husband, or co-sponsor) needs to prove they earn $10,000 a year. Right? Please tell me if I'm getting this!

But I still want to know if my husband can somehow obtain his work permit and be the one to earn that $10,000 a year? (our co-sponsor is unable to work and I would like to avoid it for now.) As I understand it we have to prove we have the full amount to submit the I-485 packet that includes the work permit that we need to obtain to generate the income to be above the poverty line.

To me it seems like a catch 22 but I hope I am just not looking at it correctly. To work you need to prove that you have enough money not to have to work?

[Kimchimex 8]

2011 Poverty Guidelines

Size of Family Unit/

1/ $10,890

2/ $14,710

3/ $18,530

4/ $22,350

5/ $26,170

6/ $29,990

7/ $33,810

8/ $37,630

For each additional person, add $3,820 $4,780 $4,390

Edited May 17, 2011 by Kimchimex

[Anh map 2,098]

You either have the assets or your don't. What do these assets consist of? Savings? Investments? Property?

Your joint sponsor has to prove enough income and/or assets to cover their household plus the intending immigrant. Their income will not be combined with your assets.

[Sunny123 44]

2011 Poverty Guidelines

Size of Family Unit/

1/ $10,890

2/ $14,710

3/ $18,530

4/ $22,350

5/ $26,170

6/ $29,990

7/ $33,810

8/ $37,630

For each additional person, add $3,820 $4,780 $4,390

The above is actually for persons in the military. For us average joes this the level we have to meet:

2011 Poverty Guidelines

Si ze of Family Unit/

2/ $18,387

3/ $23,162

4/ $27,937

5/ $32,712

6/ $37,487

7/ $42,262

8/ $47,037

add $4,775 for each additional person.

Edited May 17, 2011 by Sunny123

[C_María 6]

Okay, I must not be making myself clear! I'm really sorry!

We do not have enough "assets" to meet the requirement alone so I need to add "income" to make up the difference. Our "assets" are the combined savings and investments of my co-sponsor and I. My husband,the beneficiary, would like to work to make up the difference but he needs to obtain the EAD. He cannot apply for the EAD until we submit the whole I-485 packet including the I-864 and proof of income.

Is there a way to obtain the EAD before we have to submit the I-864 so that he can start generating income?

Anh map: What do you mean "[the co-sponsor's]income will not be combined with my assets?" I thought the point of a co-sponsor is to combine my household's income/assets with my co-sponsor's income/assets and together reach the amount needed to keep both households above the poverty line.

KimchiMex: The numbers you have there are from the 100% column, we need to look at the 125% column for AOS.

With me, hubby, baby and co-sponsor that's 4 people so $27,937 a year in income or $84,000 in total assets.

OR a combination of the two- right???!!

[missicy 87]

Is there a way to obtain the EAD before we have to submit the I-864 so that he can start generating income?

No, and even if there was, his income doesn't count. You are his sponsor, that's the whole point of I-864. You have to prove that you can sponsor him, not the other way around.

Anh map: What do you mean "[the co-sponsor's]income will not be combined with my assets?" I thought the point of a co-sponsor is to combine my household's income/assets with my co-sponsor's income/assets and together reach the amount needed to keep both households above the poverty line.

Co-sponsor's income will not be conbined with yours. Your joint sponsor has to prove enough income and/or assets to cover their household plus your husband. If their household is 1 plus your husband, that means 2 people, therefore your joint sponsor must be making $18,387 (or times 3 if assets are used), not just enough to make up the difference.

[C_María 6]

I just found this... so we DO need 5 years worth of "assets" or "projected earnings" - roughly $140,000

This is from the K-1 guides I-864 tips: "When assets are used, the assets must equal 5 times the difference between the annual income and the needed 125% of the poverty level, this is because the affidavit is in effect for 5 years. For instance, if you

needed $15,500 income and had an annual income of $13,500, you would need an extra $2,000 of assets for 5

years, or a total of $10,000 in assets in addition to your income..."

[missicy 87]

I just found this... so we DO need 5 years worth of "assets" or "projected earnings" - roughly $140,000

I don't think you understand this joint sponsor thing. How did you get $140,000?

$23,162 x5 = $115,810 (for 3 people). How many people is there in your co-sponsor's household?

[Anh map 2,098]

I just found this... so we DO need 5 years worth of "assets" or "projected earnings" - roughly $140,000

This is from the K-1 guides I-864 tips: "When assets are used, the assets must equal 5 times the difference between the annual income and the needed 125% of the poverty level, this is because the affidavit is in effect for 5 years. For instance, if you

needed $15,500 income and had an annual income of $13,500, you would need an extra $2,000 of assets for 5

years, or a total of $10,000 in assets in addition to your income..."

That's Incorrect. You need to demonstrate an income (or asset equivalents) of $23,162 to satisfy the I-864. Assets for family based visas and petitions are factored at 3 to 1 rather than 5 to 1.

Edited May 17, 2011 by Anh map

[C_María 6]

The reason I am confused is because my status has changed in the last three months because I had a baby. I assume that babies begin to count as a "person" under household size as soon as they are born. Is that right?

I have been looking and cannot find any information that says family based visas are for only 3 years. Everything I come up with still says 5. It says 5 on the form itself. "The total value of all assests, line 29, must equal 5 times (3 times for spouses and children of USCs, or 1 time for orphans to be formally adopted in the U.S.) the difference between the poverty guidelines and the sponsor's household income, line 24c."

It's not that I don't believe it, maybe I am just looking at the wrong info?

I have not seen anywhere that I cannot count my husband's income into this equation. He is legally part of the household and for all other purposes his assets will be counted- like taxes for instance. If he is working our joint bank account will stay at the level that is required.

What it appears is that me, hubby, baby and co-sponsor, the four of us, are joining assets and responsibilities for the next 5 years.

[JimVaPhuong 4,863]

If your joint sponsor lives with you, and is a qualifying relative of yours (adult child, parent, or sibling) then they can combine income with yours. They fill out an I-864A, and their income is entered in section 24.b of your I-864. If they are also including assets, then their assets are included in section 27 of your I-864. The joint sponsor would be included in YOUR household size on line 21.g of your I-864.

If your joint sponsor doesn't live with you, or isn't a qualifying relative, then they can't combine income with you. They would have to submit an I-864, and they would have to qualify on their own for their own household size, including the intending immigrant. If they don't qualify then you can't use them as a joint sponsor.

Here's a bullet list to make it easier for you:

1. You need sufficient income for 125% of the poverty guidelines for your household size. If you don't have this...

2. You need assets equal to 3X the shortage of income (it's 3X for an immediate relative of the sponsored immigrant). If you don't have this...

3. You can have a qualifying relative who lives with you complete an I-864A and combine income and assets with yours. If you don't have this...

4. You need a joint sponsor who has income of 125% of the poverty guidelines for their household size, including the intending immigrant. If you have a joint sponsor, but their income isn't sufficient...

5. Your joint sponsor needs assets equal to 5X the shortage of their income (it's 5X if they aren't an immediate relative of the intending immigrant). If your joint sponsor still can't qualify...

6. Try to find a joint sponsor who can qualify. If you don't have this...

7. You're pretty much S.O.L.

I have been looking and cannot find any information that says family based visas are for only 3 years. Everything I come up with still says 5. It says 5 on the form itself. "The total value of all assests, line 29, must equal 5 times (3 times for spouses and children of USCs, or 1 time for orphans to be formally adopted in the U.S.) the difference between the poverty guidelines and the sponsor's household income, line 24c."

You found your answer, but you just don't see it. You're a US citizen, right? The intending immigrant is your spouse, right?

[C_María 6]

THANK YOU JimVaPhuong!!!! That clears up all of my questions. I appreciate you breaking it down like that, I was looking at the co-sponsor role incorrectly. In that case we DO have what we need and I do not have to be working quite yet, that is a monumental relief. Thank you everyone for your input.

I just learned what USC meant- duh. Okay, back on track!!!