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Emerald

Poverty Guidelines/USA returning to USA after 5yrs

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Filed: Country: Australia
Timeline

My hubby is the USC and has been in Australia for the past 5yrs. We are hoping to return to the USA in September 2007 or Jan 2008. This visa stuff is a tad confusing. I have looked at us doing the DCF as it seems the fastest easiest way for us.

We have been married 5yrs, 6yrs when we move and will have 3 kids, 5yrs, 2yrs & 6months. Do i include the kids on the poverty guidelines? IF thats the case it'll be around $35,000 which we won't have, however i'm not sure what we will have to go over on. We can't get his parents to help us out by sponsoring us as they are just useless with anything like that. His sister is the only one who can help but they have 4kids, and a morgage, what else can we use to help us get up there with the $$$ to head over.

Hubby will have a job as soon as he lands, he has it now, but will a letter of employment from them plus what he will earn help us out? We also have 5acres of land we own there, plus his truck from when we left, will that help?

Also he hasn't done his taxes for the past 5yrs, the last one he did was the one he filed b4 he left the USA. So do we have to get all his taxes done before we go.

I hope i've put this in the right spot.....thanks for the help, i'm confused on this visa stuff.

Emerald

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Filed: Citizen (pnd) Country: England
Timeline

Hi Emerald

We have been married 5yrs, 6yrs when we move and will have 3 kids, 5yrs, 2yrs & 6months. Do i include the kids on the poverty guidelines? IF thats the case it'll be around $35,000 which we won't have, however i'm not sure what we will have to go over on. We can't get his parents to help us out by sponsoring us as they are just useless with anything like that. His sister is the only one who can help but they have 4kids, and a morgage, what else can we use to help us get up there with the $$$ to head over.

Yes, your children must be included as members of your household for the poverty guidelines.

Hubby will have a job as soon as he lands, he has it now, but will a letter of employment from them plus what he will earn help us out? We also have 5acres of land we own there, plus his truck from when we left, will that help?

You can use assets as well as your US income to meet the poverty guidelines. There is lots of information available, try searching 'poverty guidelines' and 'assets' or something similar and you will see a lot of posts.

Also he hasn't done his taxes for the past 5yrs, the last one he did was the one he filed b4 he left the USA. So do we have to get all his taxes done before we go.

You must be up to date with your US taxes when filing so your husband should probably get started on getting that sorted sooner rather than later. The tax return for the most recent year is needed during the application.

I am sure that other VJers can help with these questions further; check out the DCF guides pinned at the top of the forum as well, they are very comprehensive and helpful.

Good luck!

~Candace


Permanent Resident Since 01/03/2007

N-400 application mailed 3/20/17

Credit card charged 3/25/17

NOA 3/31/17

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Filed: Timeline
My hubby is the USC and has been in Australia for the past 5yrs. We are hoping to return to the USA in September 2007 or Jan 2008. This visa stuff is a tad confusing. I have looked at us doing the DCF as it seems the fastest easiest way for us.

We have been married 5yrs, 6yrs when we move and will have 3 kids, 5yrs, 2yrs & 6months. Do i include the kids on the poverty guidelines? IF thats the case it'll be around $35,000 which we won't have, however i'm not sure what we will have to go over on. We can't get his parents to help us out by sponsoring us as they are just useless with anything like that. His sister is the only one who can help but they have 4kids, and a morgage, what else can we use to help us get up there with the $$$ to head over.

Hubby will have a job as soon as he lands, he has it now, but will a letter of employment from them plus what he will earn help us out? We also have 5acres of land we own there, plus his truck from when we left, will that help?

Also he hasn't done his taxes for the past 5yrs, the last one he did was the one he filed b4 he left the USA. So do we have to get all his taxes done before we go.

I hope i've put this in the right spot.....thanks for the help, i'm confused on this visa stuff.

Emerald

Emerald, I sure hope your husband hasn't exceeded the foreign earned income exemption any of the years he's been away. Otherwise, he'll owe back taxes plus penalties and interest. Check on that immediately.

You can download archived forms from the IRS's website. Get started on that right away before you do anything else, and good luck.


24 June 2007: Leaving day/flying to Dallas-Fort Worth

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Filed: Country: Australia
Timeline

Thanks for the replies. I've only just seriously started looking into all of this. It's a tad confusing but probably because i'm just learning.

My hubby has only earn't $50,000(AUS) per year, probably $48,000 after tax max in the past 3 yrs, less then that the previous 2yrs. Isn't the amount $80,000 USD before you have to pay anything? We are booking into a USA tax agent here in AUS thats going to do our Tax for $500 to catch him up.

1:- Does our Australian income count toward income for the poverty guideline?

2:- Can his sister and husband co-sponsor us as well even though they have 4 kids, a morgage? Or is it best not to add them as co-sponsors? Im' just scared we arn't going to meet the poverty guidelines. We don't have any assests or anything, mainly just what we save between now and going, plus what we get for all of our stuff we sell.

3:- Can my parents throw in some money to make up the differance that we need to meet the guidelines and give it back to them at a later date? (can use it if we get stuck and need it)

Thanks for your help, i'm going to jump on here and research as much as possible.

Edited by Emerald

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Thanks for the replies. I've only just seriously started looking into all of this. It's a tad confusing but probably because i'm just learning.

My hubby has only earn't $50,000(AUS) per year, probably $48,000 after tax max in the past 3 yrs, less then that the previous 2yrs. Isn't the amount $80,000 USD before you have to pay anything? We are booking into a USA tax agent here in AUS thats going to do our Tax for $500 to catch him up.

1:- Does our Australian income count toward income for the poverty guideline?

2:- Can his sister and husband co-sponsor us as well even though they have 4 kids, a morgage? Or is it best not to add them as co-sponsors? Im' just scared we arn't going to meet the poverty guidelines. We don't have any assests or anything, mainly just what we save between now and going, plus what we get for all of our stuff we sell.

3:- Can my parents throw in some money to make up the differance that we need to meet the guidelines and give it back to them at a later date? (can use it if we get stuck and need it)

Thanks for your help, i'm going to jump on here and research as much as possible.

1 - No

2 - They can cosponsor, but would have to meet the guideline for 11 people

3 - As long as it is a true gift and does not have to be repaid - be prepared to explain the source of the money


05/16/2005 I-129F Sent

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06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: Timeline
Thanks for the replies. I've only just seriously started looking into all of this. It's a tad confusing but probably because i'm just learning.

My hubby has only earn't $50,000(AUS) per year, probably $48,000 after tax max in the past 3 yrs, less then that the previous 2yrs. Isn't the amount $80,000 USD before you have to pay anything? We are booking into a USA tax agent here in AUS thats going to do our Tax for $500 to catch him up.

If your taxes aren't complex then you don't really need that, but OK. The foreign earned income exemption is $80,000 for THIS tax year but it has been less in past tax years. The amount of the foreign earned income exemption for the relevant year is printed on the 2555-EZ form. Also, it is pro-rated according to how many days you have spent in America. For example, if you spent two weeks in America in 2005 you have to do this:

1. 365-14 = x (14 is the number of days you spent in America in 2005 in this example)

2. x/365 = y

3. 80,000 x y = actual foreign earned income exemption you may take this year. (In this example the result is $76,931.51.)

1:- Does our Australian income count toward income for the poverty guideline?

My UK income didn't; not sure your Australian income will but every consulate seems to have its own rules.

2:- Can his sister and husband co-sponsor us as well even though they have 4 kids, a morgage? Or is it best not to add them as co-sponsors? Im' just scared we arn't going to meet the poverty guidelines. We don't have any assests or anything, mainly just what we save between now and going, plus what we get for all of our stuff we sell.

If you can't meet the poverty guidelines but they can, then you should strongly consider asking them to be your co-sponsors. If your income and assets can't meet the guidelines then your chances of getting a visa aren't that great.

3:- Can my parents throw in some money to make up the differance that we need to meet the guidelines and give it back to them at a later date? (can use it if we get stuck and need it)

That's up to you. You can count it on your affadavit of support as an asset if it's a gift but if it's a loan then I'm not sure you can count it at all. If it's a gift your husband probably needs to declare it on his income taxes if it's going to be large; tell him to ask his accountant about that since you're already paying one.


24 June 2007: Leaving day/flying to Dallas-Fort Worth

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Filed: Timeline

john,

You might want to ask a question and then recount - without asking my guess is 7 people.

Yodrak

....

2 - They can cosponsor, but would have to meet the guideline for 11 people

....

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Hubby will have a job as soon as he lands, he has it now, but will a letter of employment from them plus what he will earn help us out? We also have 5acres of land we own there, plus his truck from when we left, will that help?

Emerald

If your husband's employment will continue after entering the United States, then he can use that to meet poverty guidelines. An employment letter will be necessary.

What is the value of the five acres of land that your husband owns? Is that land in America? If so, you can get it appraised and include it in the Affidavit of Support.

From the information you have posted, there are five people in your household. The poverty guideline for five people for 2006 is $29,250. Considering that your husband's employment will continue on in the United States and that you have assets in the form of land, then your financial picture does not appear to be too bleak.

The Consulate has to make the final decision. From what I have read here from your post, I imagine that you can put together a convincing case to prove that you and your husband are well-above the poverty guidelines and that you will not become a public charge.

Your husband will need his tax return from 2005 as well. (Depending on when you file, he may also need to turn in his tax return for 2006.)

Good luck!

(Oh, my husband, who was not the USC, also submitted a letter of employment. The Frankfurt Consulate accepted it. It's a valid proof of a continuing source of income.)

One thing to remember: Make your financial situation work for you!

It doesn't hurt to try to secure a co-sponsor, but you may not need one. I didn't need one and I thought I would need one. My financial picture was way worse than yours.


DCF (Germany)

April 7, 2006 - Married

April 15, 2006 - I-130 sent to Frankfurt Consulate

April 22, 2006 - I-130 returned to us (personal checks not acceptable)

April 24, 2006 - I-130 resubmitted with Credit Card Payment Form

June 14, 2006 - I-130 Approved

June 15, 2006 - Packet 3 Received

June 16, 2006 - OF-169 & Passport (Biographical Page Only) faxed to the Consulate

June 17, 2006 - DS 230 Part 1 & OF-169 mailed to the Consulate

June 26, 2006 - Packet 4 Received

June 27, 2006 - Medical Examination in Berlin

July 21, 2006 - Interview at Frankfurt Consulate

July 21, 2006 - Visa Approved!

August 22, 2006 - America!

July 26, 2008 - I-751 sent to VSC

August 1, 2008 - Check cashed

August 1, 2008 - NOA-1 received

September 9, 2008 - Biometics Appointment

March 12, 2009 - Transfer from VSC to CSC?

March 16, 2009 - Approved (10-year green card should be mailed within 60 days)

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john,

You might want to ask a question and then recount - without asking my guess is 7 people.

Yodrak

....

2 - They can cosponsor, but would have to meet the guideline for 11 people

....

I counted the OP and his spouse and their 3 children and the cosponsor and his wife and their four children.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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john,

You might want to ask a question and then recount - without asking my guess is 7 people.

Yodrak

....

2 - They can cosponsor, but would have to meet the guideline for 11 people

....

I counted the OP and his spouse and their 3 children and the cosponsor and his wife and their four children.

It's my understanding that the USC can use public benefits. It's only the immigrant who cannot become a public charge until certain requirements are met.

When my co-sponsor filled out the Affidavit of Support, she counted everyone in her household and only my husband. She did not count me since I am an American citizen.

Thus, I think Yodrak is saying that it is likely that the OP's co-sponsor would only count their household size (six members) plus the OP. (The OP's spouse and children would be excluded.)


DCF (Germany)

April 7, 2006 - Married

April 15, 2006 - I-130 sent to Frankfurt Consulate

April 22, 2006 - I-130 returned to us (personal checks not acceptable)

April 24, 2006 - I-130 resubmitted with Credit Card Payment Form

June 14, 2006 - I-130 Approved

June 15, 2006 - Packet 3 Received

June 16, 2006 - OF-169 & Passport (Biographical Page Only) faxed to the Consulate

June 17, 2006 - DS 230 Part 1 & OF-169 mailed to the Consulate

June 26, 2006 - Packet 4 Received

June 27, 2006 - Medical Examination in Berlin

July 21, 2006 - Interview at Frankfurt Consulate

July 21, 2006 - Visa Approved!

August 22, 2006 - America!

July 26, 2008 - I-751 sent to VSC

August 1, 2008 - Check cashed

August 1, 2008 - NOA-1 received

September 9, 2008 - Biometics Appointment

March 12, 2009 - Transfer from VSC to CSC?

March 16, 2009 - Approved (10-year green card should be mailed within 60 days)

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john,

You might want to ask a question and then recount - without asking my guess is 7 people.

Yodrak

....

2 - They can cosponsor, but would have to meet the guideline for 11 people

....

I counted the OP and his spouse and their 3 children and the cosponsor and his wife and their four children.

It's my understanding that the USC can use public benefits. It's only the immigrant who cannot become a public charge until certain requirements are met.

When my co-sponsor filled out the Affidavit of Support, she counted everyone in her household and only my husband. She did not count me since I am an American citizen.

Thus, I think Yodrak is saying that it is likely that the OP's co-sponsor would only count their household size (six members) plus the OP. (The OP's spouse and children would be excluded.)

So U.S. citizens do not count in household size? Or do they just not count for cosponsors?


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: Timeline

John,

The Joint Sponsor is sponsoring only the immigrant(s). Since the children were all born after the marriage I am assuming (risky, I know, but I'm feeling lucky today) that they are the USC husband's natural children and are themselves USCs. That leaves only 1 sponsored immigrant - Emerald.

Even if Emerald's family is going to live with the proposed Joint Sponsor's family, they would no longer be included as Household Members the way the Final Rule and new I-864 are written.

Yodrak

So U.S. citizens do not count in household size? Or do they just not count for cosponsors?
Edited by Yodrak

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John,

The Joint Sponsor is sponsoring only the immigrant(s). Since the children were all born after the marriage I am assuming (risky, I know, but I'm feeling lucky today) that they are the USC husband's natural children and are themselves USCs. That leaves only 1 sponsored immigrant - Emerald.

Even if Emerald's family is going to live with the proposed Joint Sponsor's family, they would no longer be included as Household Members the way the Final Rule and new I-864 are written.

Yodrak

So U.S. citizens do not count in household size? Or do they just not count for cosponsors?

Wow, that's convenient.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: Country: Brazil
Timeline

Sorry to butt into your thread, but I have a similar situation. I have been out of the US for 2 years, and will return next year with my wife, and our 1 year old daughter, (who will be USC once I do the paperwork for her). My father will be co-sponsoring, since I have not been employed since I left the states.

After reading Yodrak's response "Even if Emerald's family is going to live with the proposed Joint Sponsor's family, they would no longer be included as Household Members the way the Final Rule and new I-864 are written.", my question is this:

My dad will only have to co-sponsor my wife, not my whole family? His income will only have to be high enough to cover her, am I understanding this correctly?

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koolaidnman,

As zauberbloom observes, you and your child can live off the public dole should the need arise. Your wife cannot.

In any event, read the I-864 instructions.

Yodrak

Sorry to butt into your thread, but I have a similar situation. I have been out of the US for 2 years, and will return next year with my wife, and our 1 year old daughter, (who will be USC once I do the paperwork for her). My father will be co-sponsoring, since I have not been employed since I left the states.

After reading Yodrak's response "Even if Emerald's family is going to live with the proposed Joint Sponsor's family, they would no longer be included as Household Members the way the Final Rule and new I-864 are written.", my question is this:

My dad will only have to co-sponsor my wife, not my whole family? His income will only have to be high enough to cover her, am I understanding this correctly?

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