Should I be worried?! Regarding AOS

[amykathleen2005 441]

http://www.uscis.gov...form/I-864p.pdf

Look to see how many in your family, then the dollar ammount is the annual income required:

2 - $16,500

3 - $20,750

4 -$25,000

5 - $29,250

6 -$33,500

7 -$37,750

8 -$42,000

http://www.uscis.gov...000082ca60aRCRD

Now if your income is not sufficient, then you can use assets:

You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).

You should know whether you can meet the income requirement or if you will need a co-sponsor. There should be little doubt if you have the required income/assets. Hope this helps.

Your numbers are 100%, the OP needs 125%.

[Kevin_S 1]

Your numbers are 100%, the OP needs 125%.

My above post is "outdated" as they are reflective of an obsolete form. The latest form I can find on the USCIS website is already expired too.

http://www.uscis.gov/files/form/i-864p.pdf

Does anyone have a 2013 version?

Edited February 17, 2013 by Kevin_S

[Ms Hogan 295]

The current version is found here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73c63591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

it continues to be accepted until the new one is posted.

[amykathleen2005 441]

I would argue that the poverty guidelines have already been published federally. USCIS does not make up these guidelines they simply use them, and just have not yet posted the new ones on their site. The new 2013 numbers are applicable as soon as they are determined and published by the federal register.

Found here: https://www.federalr...-guidelines#t-1

Edited February 17, 2013 by amykathleen2005

[JonandMarie 0]

I have the same issue $0 income and enough to qualify using assets.

The new schedule for I864p: http://www.uscis.gov/files/form/i-864p.pdf

Reading here: http://www.uscis.gov/files/form/i-864instr.pdf

"However, if you are a U.S. citizen and you are sponsoring your spouse or minor child,

the total value of your assets must only be equal to at least three times the difference."

I am hoping I am right because there is no way my wife can join me without us using my assets to establish AOS. Thanks for the heads up on this as I have not filed my AOS yet.

--Jonathan

[pushbrk 12,119]

I have the same issue $0 income and enough to qualify using assets.

The new schedule for I864p: http://www.uscis.gov...form/i-864p.pdf

Reading here: http://www.uscis.gov.../i-864instr.pdf

"However, if you are a U.S. citizen and you are sponsoring your spouse or minor child,

the total value of your assets must only be equal to at least three times the difference."

I am hoping I am right because there is no way my wife can join me without us using my assets to establish AOS. Thanks for the heads up on this as I have not filed my AOS yet.

--Jonathan

Yes, 3X is correct for spouse or minor child of US citizen.

[stephmd 0]

Thank you for all the help.

To clarify a few things:

My household size is just myself and my husband. My income falls short by a few thousand dollars because I haven't worked the entire year (2012). I spent about 25% of last year overseas so I could be with my husband. Not sure if the CO will take that into consideration.

Was just really worried to receive that letter when I was just expecting to receive something that says it was approved.

Edited February 18, 2013 by stephmd

[pushbrk 12,119]

Thank you for all the help.

To clarify a few things:

My household size is just myself and my husband. My income falls short by a few thousand dollars because I haven't worked the entire year (2012). I spent about 25% of last year overseas so I could be with my husband. Not sure if the CO will take that into consideration.

Was just really worried to receive that letter when I was just expecting to receive something that says it was approved.

Again, what you received was correct for the circumstances you described. It mentions your income is insufficient. You knew that already. It mentions the Consular Officer will make the decision. The Consular Officer is the only one who can "approve" an affidavit of support. NVC can only make you keep submitting new ones or additional ones until they are satisfied enough to send them on to the Consulate.

Your PAST income is not a great concern. They'll be more interested in your CURRENT income. If you're working full time and making enough NOW, you should have stated your current income, not last year's income, in the current income section. If you made that mistake, do a new corrected affidavit and have your spouse carry it to the interview along with evidence of your current income. (A pay stub)

Note that only the self employed use last year's tax return income as "current income".

[stephmd 0]

Again, what you received was correct for the circumstances you described. It mentions your income is insufficient. You knew that already. It mentions the Consular Officer will make the decision. The Consular Officer is the only one who can "approve" an affidavit of support. NVC can only make you keep submitting new ones or additional ones until they are satisfied enough to send them on to the Consulate.

Your PAST income is not a great concern. They'll be more interested in your CURRENT income. If you're working full time and making enough NOW, you should have stated your current income, not last year's income, in the current income section. If you made that mistake, do a new corrected affidavit and have your spouse carry it to the interview along with evidence of your current income. (A pay stub)

Note that only the self employed use last year's tax return income as "current income".

Well I'm a waitress so I am not in a salaried position. How do I calculate current income then because my income varies? The most "current" figure I would have is my gross pay that is printed on my paystubs, but again, it is lower because I spend a great amount of time traveling to be with my husband.

[pushbrk 12,119]

Well I'm a waitress so I am not in a salaried position. How do I calculate current income then because my income varies? The most "current" figure I would have is my gross pay that is printed on my paystubs, but again, it is lower because I spend a great amount of time traveling to be with my husband.

People whose pay includes tips can have a hard time determining current income. It will depend on how accurately your pay stubs reflect your actual tips. If there are any tips NOT included on the pay stub then it is virtually impossible to document current income. For those working a full year last year, I would state current income from line 22 of the 1040, so that all declared income is counted. When you work only part of the year, the best you can do is estimate. Using documented assets to make up for the shortfall should do the trick. You could also send an explanation of your income and level of cash tips, a current pay stub and sign the explanation letter. It will help them understand your real income, even if it cannot currently be well documented. Consular Officers understand how a Waitress is paid.

[stephmd 0]

People whose pay includes tips can have a hard time determining current income. It will depend on how accurately your pay stubs reflect your actual tips. If there are any tips NOT included on the pay stub then it is virtually impossible to document current income. For those working a full year last year, I would state current income from line 22 of the 1040, so that all declared income is counted. When you work only part of the year, the best you can do is estimate. Using documented assets to make up for the shortfall should do the trick. You could also send an explanation of your income and level of cash tips, a current pay stub and sign the explanation letter. It will help them understand your real income, even if it cannot currently be well documented. Consular Officers understand how a Waitress is paid.

Thank you. I can attend the interview with my spouse, can't I? If so, would I be able to explain those things face to face as well or only the applicant is supposed to explain and answer questions the CO asks?

[pushbrk 12,119]

Thank you. I can attend the interview with my spouse, can't I? If so, would I be able to explain those things face to face as well or only the applicant is supposed to explain and answer questions the CO asks?

I don't know if the IV unit in Bulgaria allows you to be in the interview but your signature on an explanation is important either way.