Poverty Guidelines

[ms_jinga_lala 0]

When it comes to DCF I know there are some rules that are not the same as with filing in the US. (For a CR-1 visa.) I'm not able to find any clear information on the New Delhi embassy website that says the income has to meet 125% of the poverty guidelines and I'm confused. I need to know before I file because I have to transfer money from my US accounts to my Indian accounts. Otherwise I can't get the needed bank statements proving I have the money since I'm not able to visit my US banks. I didn't make enough to meet 125% of the guidelines but I am over the 100% guideline. This is the only paragraph I've been able to find in relation to filing the I-130 via DCF:

"If the sponsor has not filed a tax return, he must provide a sworn statement explaining why he did not file a return. If the sponsor is not working or has earned income less than the U.S. poverty guidelines, a credible joint sponsor (normally a close relative) is required. "

(Link to the page)

Does that mean 100% is all we need to meet? I'm only 2 weeks from filing the I-130 so that only gives me a couple of months to get the money transferred and it could take me several weeks to move the money. I don't want to cut it too close.

I understand that the poverty guidelines themself say that because I'm not military I need the 125% but I want to be very clear on what is expected from me.

Thanks in advance!

[Oksana & Max 94]

When it comes to DCF I know there are some rules that are not the same as with filing in the US. (For a CR-1 visa.) I'm not able to find any clear information on the New Delhi embassy website that says the income has to meet 125% of the poverty guidelines and I'm confused. I need to know before I file because I have to transfer money from my US accounts to my Indian accounts. Otherwise I can't get the needed bank statements proving I have the money since I'm not able to visit my US banks. I didn't make enough to meet 125% of the guidelines but I am over the 100% guideline. This is the only paragraph I've been able to find in relation to filing the I-130 via DCF:

"If the sponsor has not filed a tax return, he must provide a sworn statement explaining why he did not file a return. If the sponsor is not working or has earned income less than the U.S. poverty guidelines, a credible joint sponsor (normally a close relative) is required. "

(Link to the page)

Does that mean 100% is all we need to meet? I'm only 2 weeks from filing the I-130 so that only gives me a couple of months to get the money transferred and it could take me several weeks to move the money. I don't want to cut it too close.

I understand that the poverty guidelines themself say that because I'm not military I need the 125% but I want to be very clear on what is expected from me.

Thanks in advance!

I think you are getting somewhat confused.

For CR-1 Visa as well as for K-1 you need to show a proof of income. If you are not military you have to meet 125% guideline or you need a co-sponsor. Moving money and showing your bank statements will do nothing. They want W2 / Tax Returns / Pay Stubs, so they can establish that you make enough money. Savings will not be considered as proof of income. While they will show the assets. Only your salary is counting towards the poverty guideline.

Edited September 22, 2011 by Oksana & Max

[yachachiq12 43]

I think you are getting somewhat confused.

For CR-1 Visa as well as for K-1 you need to show a proof of income. If you are not military you have to meet 125% guideline or you need a co-sponsor. Moving money and showing your bank statements will do nothing. They want W2 / Tax Returns / Pay Stubs, so they can establish that you make enough money. Savings will not be considered as proof of income. While they will show the assets. Only your salary is counting towards the poverty guideline.

Actually, you are also confused, Oksana & Max. OP, the guidelines for the affidavit of support are the same for a IR-1/CR-1 filed in the US as an IR-1/CR-1 filed via DCF. If you do not have income and do not have a co-sponsor, you can include your assets as part of the equation. However, your assets will need to cover 5 times the amount of the required 125% of the poverty guideline for your family size. Read the instructions on the I-864 a couple times. See if your assets cover the 5x rule and gather the documentation (can you not access your US accounts via the internet? You may be able to sign up for online access if you don't already have it). If you can't cover it, time for a co-sponsor! If they don't live in your household, they'll fill out the I-864. If they share your household, it's the I-864a. One thing to keep in mind with the I-864 during DCF is that the sponsor will have to show either a) intent to re-establish domicile or b) that domicile has been re-established in the US. Read the instructions for more on that.

[Anh map 2,098]

This I-864 FAQ page may be helpful to you >>>> http://travel.state.gov/visa/immigrants/info/info_3183.html

Yes, it is 125%

[ms_jinga_lala 0]

Thanks for your replies. Yes, I am using assets to help qualify. I should have mentioned that but didn't think about it and figured most of you already knew about the income guidelines. I'm just under $2000 short for the year (and was surprised how much poverty guidelines went up from 2010 to 2011!). I'm applying for jobs already and will have no problem meeting income guidelines if I can get a job but I'm not taking chances on that and I am getting everything in order now.

I could get bank records for my US accounts online, however my husband is not yet on those because we haven't been to the states to add him. So it's not a joint asset and I feel like it may look odd to have my money spread out over all these banks and him not be included. (Maybe I'm over thinking that but I worry that way.) We have a joint account here and can show that we have been actively mingling our money for the entire marriage. I can't do that with my US accounts. So I do need to move the money. That has turned out to be a complicated process because of the financial regulations of both of the banks. (As in I can only move so much on a given day/week and it takes forever to clear, etc.)

Thanks for the link Anh Map. It's very helpful. Actually, it's immensely helpful. It clears up a lot of things I thought I already knew.

I do have domicile in the US and I'm hoping that applying for the jobs (praying for an offer letter) will show I'm serious enough about restarting a life in the US. I know it says "find employment" but given the current job market that isn't something that happens fast. As far as proving ties, I have that more than well covered also considering I kept my US job while coming here to stay. I've just been working through the internet.

[ms_jinga_lala 0]

Wow, and now I read the link and they say an offer letter won't count but I know I've read on here that others have had CO's accept their offer letters as proving income. Ugh...guess I'm glad I had a back up plan in place.

[yachachiq12 43]

Thanks for your replies. Yes, I am using assets to help qualify. I should have mentioned that but didn't think about it and figured most of you already knew about the income guidelines. I'm just under $2000 short for the year (and was surprised how much poverty guidelines went up from 2010 to 2011!). I'm applying for jobs already and will have no problem meeting income guidelines if I can get a job but I'm not taking chances on that and I am getting everything in order now.

I could get bank records for my US accounts online, however my husband is not yet on those because we haven't been to the states to add him. So it's not a joint asset and I feel like it may look odd to have my money spread out over all these banks and him not be included. (Maybe I'm over thinking that but I worry that way.) We have a joint account here and can show that we have been actively mingling our money for the entire marriage. I can't do that with my US accounts. So I do need to move the money. That has turned out to be a complicated process because of the financial regulations of both of the banks. (As in I can only move so much on a given day/week and it takes forever to clear, etc.)

Thanks for the link Anh Map. It's very helpful. Actually, it's immensely helpful. It clears up a lot of things I thought I already knew.

I do have domicile in the US and I'm hoping that applying for the jobs (praying for an offer letter) will show I'm serious enough about restarting a life in the US. I know it says "find employment" but given the current job market that isn't something that happens fast. As far as proving ties, I have that more than well covered also considering I kept my US job while coming here to stay. I've just been working through the internet.

Whether your husband is on the accounts used for I-864 purposes or not does not matter. They want to see that you, as the person signing the affidavit, have access to the money. When we were applying we had 5 different bank accounts: husband's in Peru, joint in Peru, mine in Peru, and 2 US accounts in my name. We used my solo accounts for the affidavit. They're not worried about that. Focus on any evidence of financial co-mingling you have elsewhere for the visa application and then plan for your ROC down the line. Don't make the I-864 more complicated than it is.

Regarding a job offer letter, that can be used to show you have domicile still or are re-establishing it (you need to go with one or the other). Sounds like you have evidence. Try to focus on the following key points: a place to live (a lease, even if signed by family with whom you'll stay, or a house, or an apartment app, etc.); a place to work (evidence you're at least applying for jobs or already have one and plan to do that job in the US); and evidence for miscellaneous ties such as US drivers license, bank accounts, voter registration, etc.

Good luck getting it all together!

[ms_jinga_lala 0]

Yachachiq12, what is ROC?

[yachachiq12 43]

Yachachiq12, what is ROC?

ROC= Removal of Conditions. If you've been married less than 2 years when you go through POE, you (your spouse, it seems?) will receive a conditional green card valid for 2 years. At 2 years of legal permanent residency, you file to remove the conditions and get a 10-year green card. See here http://www.visajourney.com/content/751guide and here http://www.visajourney.com/forums/forum/86-removing-conditions-on-residency-general-discussion/

[ms_jinga_lala 0]

Oh, okay. I knew about that but never saw the initials for it before now. Thanks!

[Scafidi454 22]

I just found an interesting section of a World Bank book that explains the determination of poverty guidelines. Honestly, to all of those who asked if their minimum requirement is enough, it's not; I mean, it is very possible to be enough to survive, but nothing more.

I haven't completely read through the section yet, but I did want to head over here and let the Visa Journey community know about this.

Here's the link:

http://issuu.com/world.bank.publications/docs/9780821384596/1?zoomed=&zoomPercent=&zoomX=&zoomY=&noteText=&noteX=&noteY=&viewMode=magazine

It's on Page 127 (of the document reader), or Page 105 (in the book).