I-864 income level

[VaggoLena 7]

Hi,

I am still waiting for the NOA2 but wanted to ask something regarding the I-864 so I can know what to do once I get to that stage. This is something that

has been bothering me for quite some time because I do not know what the answer is, and since I cannot speak with someone at NVC (very difficult to talk to a human)

I thought the great community here might know. So, I started working at my current job around the summer, June to be exact, and since it was only half a year, my taxes will show less than the 125% that is needed for a family of 2 per USCIS poverty guidelines. Once I add the extra income that I made from other side jobs, it will push it to a little over $21,000 for the year 2011. Since this is $3,000 more than the guideline, do I need a co-sponsor? will the visa get denied due to the income being so close to the minimum level? If I explain to them that if I worked for a full tax year, my salary would have been higher, will that help? Thanks to everyone in advance for any advice and suggestions.

[Dave&Roza 748]

Hi,

I am still waiting for the NOA2 but wanted to ask something regarding the I-864 so I can know what to do once I get to that stage. This is something that

has been bothering me for quite some time because I do not know what the answer is, and since I cannot speak with someone at NVC (very difficult to talk to a human)

I thought the great community here might know. So, I started working at my current job around the summer, June to be exact, and since it was only half a year, my taxes will show less than the 125% that is needed for a family of 2 per USCIS poverty guidelines. Once I add the extra income that I made from other side jobs, it will push it to a little over $21,000 for the year 2011. Since this is $3,000 more than the guideline, do I need a co-sponsor? will the visa get denied due to the income being so close to the minimum level? If I explain to them that if I worked for a full tax year, my salary would have been higher, will that help? Thanks to everyone in advance for any advice and suggestions.

The deny you if you are below the level. If you can show that your current income is above the 125% of the poverty level for a family of two--$18,387--then you do not need a co-sponsor. So you need to show recent paystubs with your payrate and a YTD amount along with a letter from your current employer stating your position, hire date, status, and yearly income. As long as all that is above the limit you are good to go.

Good luck,

Dave

[P+J 47]

If you satisfy the 125% requirements from the guidelines, you will not require a cosponsor. An IRS transcript for 2011 would be important for the interview so that you have an official record of your income. However, some visa applicants even utilize pay stubs, employment letters, and bank records to support expected income when the previous year's tax return did not satisfy the requirements. It is typically an embassy specific process, but ultimately if you have that 125%, you will not need a cosponsor.

[VaggoLena 7]

Thank you everyone, I do feel a little better now, and I do understand this process a little more now. I really appreciate it

[max+patricia 24]

The deny you if you are below the level. If you can show that your current income is above the 125% of the poverty level for a family of two--$18,387--then you do not need a co-sponsor. So you need to show recent paystubs with your payrate and a YTD amount along with a letter from your current employer stating your position, hire date, status, and yearly income. As long as all that is above the limit you are good to go.

Good luck,

Dave

YTD income is not the determining factor. Current, on-going income is.

Also note that 125% of the poverty level for a family of 2 in the continental U.S. is now $18,912 for year 2012 - not $18,387 (http://aspe.hhs.gov/poverty/12poverty.shtml)

Most important to remember is that the embassy has final say in granting/denying the visa. If you're close to the requirement (current and/or past) and can secure a co-sponsor - it won't hurt.

[pushbrk 13,876]

Hi,

I am still waiting for the NOA2 but wanted to ask something regarding the I-864 so I can know what to do once I get to that stage. This is something that

has been bothering me for quite some time because I do not know what the answer is, and since I cannot speak with someone at NVC (very difficult to talk to a human)

I thought the great community here might know. So, I started working at my current job around the summer, June to be exact, and since it was only half a year, my taxes will show less than the 125% that is needed for a family of 2 per USCIS poverty guidelines. Once I add the extra income that I made from other side jobs, it will push it to a little over $21,000 for the year 2011. Since this is $3,000 more than the guideline, do I need a co-sponsor? will the visa get denied due to the income being so close to the minimum level? If I explain to them that if I worked for a full tax year, my salary would have been higher, will that help? Thanks to everyone in advance for any advice and suggestions.

Tax returns are historical. As an employed person, you qualify as sponsor, not based on tax returns but based on current income. If you made $0 in 2011, but got a $50,000 salary job in January 2012, at which you now work, your current income is $50,000 and you qualify. If you earned $50,000 in 2011 but are unemployed with no income now, you do not qualify, no matter what you made in 2011.

[VaggoLena 7]

Everyone, thank you for your helpful responses. With this information, I do feel much more comfortable for the NVC and Embassy stage when it comes.

[Gary and Alla 3,696]

Hi,

I am still waiting for the NOA2 but wanted to ask something regarding the I-864 so I can know what to do once I get to that stage. This is something that

has been bothering me for quite some time because I do not know what the answer is, and since I cannot speak with someone at NVC (very difficult to talk to a human)

I thought the great community here might know. So, I started working at my current job around the summer, June to be exact, and since it was only half a year, my taxes will show less than the 125% that is needed for a family of 2 per USCIS poverty guidelines. Once I add the extra income that I made from other side jobs, it will push it to a little over $21,000 for the year 2011. Since this is $3,000 more than the guideline, do I need a co-sponsor? will the visa get denied due to the income being so close to the minimum level? If I explain to them that if I worked for a full tax year, my salary would have been higher, will that help? Thanks to everyone in advance for any advice and suggestions.

They go by current gross income. If you got a job yesterday paying $65,000 per year, your currnet annual salary is $65,000

Attach documentation, check stubs or emplyment letters and sleep well. They will go by that and not the tax return

The I-864 is actually easier because NVC has very even handed rules about this whereas consulate can make their own rules.

[VaggoLena 7]

They go by current gross income. If you got a job yesterday paying $65,000 per year, your currnet annual salary is $65,000

Attach documentation, check stubs or emplyment letters and sleep well. They will go by that and not the tax return

The I-864 is actually easier because NVC has very even handed rules about this whereas consulate can make their own rules.

Thank you!!

Does that mean that since the NVC makes the rules, the consulate has to follow them? (regarding the I-864) or at the end of the day, the consulate has the final say?

I appreciate everyone's help and advice, part of that huge stress has been lifted.

[pushbrk 13,876]

Thank you!!

Does that mean that since the NVC makes the rules, the consulate has to follow them? (regarding the I-864) or at the end of the day, the consulate has the final say?

I appreciate everyone's help and advice, part of that huge stress has been lifted.

NO. NVC makes no rules and does not approved I-864 forms. They can reject them though. All decisions on the pubic charge issue in visa cases will be made by a Consular Officer.

[Gary and Alla 3,696]

NO. NVC makes no rules and does not approved I-864 forms. They can reject them though. All decisions on the pubic charge issue in visa cases will be made by a Consular Officer.

I will defer to Pushbrk on the matter of final approval and note that Kiev goes by current income. You are still OK.

[pushbrk 13,876]

I will defer to Pushbrk on the matter of final approval and note that Kiev goes by current income. You are still OK.

Current income is always the most important factor, followed by liquid assets if used to cover an income shortfall. I'm just saying the decision is at the Consular level, not at NVC. NVC can tell you no, but the absence of an NVC no is not a yes. If current income is not enough, but assets appear like they might be enough, NVC will send the I-864 on to the Consulate but send a note to the sponsor saying that the income is insufficient but the Consulate will make the decision. I've seen them do this when there was over half a million in liquid assets (mutual funds etc.) for an elderly retired person sponsoring a similarly elderly spouse. No problems at all at the Consulate. I've also seen this happen with assets being marginal at best. Same NVC note but success at the Consulate anyway.

[VaggoLena 7]

Ok, I feel ready to tackle that stage now when the time comes thanks to everyone's help over here. I really appreciate all the detailed and straight to the point information and advice.