affidavit of support

[brian@alejandra 20]

I have read and searched but have only confused myself! Do they require you to have met the poverty guidelines for the past 3 years? in Nov I changed jobs (same field i have worked in for years, different company), the last 2 years I would not have meet the 125%, really the year before last. This year I will met it with some extra. the 1st year they will be looking at I was far below the bar.

The things that are changed from the last two years and this year are 1, I make $400 more a week since nov. 2, This year I will not claim my ex wife or kids on my taxes, therefor she will not be count as a dependant, 3, on child turns 18 before we will file the affdavit. 4, part of my pay is "per diem", i do not get taxed on it and it only shows on my paystub but not my w-2(I am useing the W-2 amount to calculate the poverty requirement)

My questions are,

Am I needing 100% or 125% to met the requirments

will my pay stubs showing my income from this year prove I make enough

will my 18yr old count against me even though I dont pay child support on him

will they look at my past income and denie me?

I will have tax transcprit from 10,11,@12 plus my pay stubs.

Is there anyway to count my non taxed income? and will they understand why my paychecks are written for more than I'm taxed on?

[Penguin_ie 6,000]

Almost all embassies require 125%, because that is what you will need for AOS a few months later.

Usually they only require the 125% to be current and ongoing; so as long as you can show the job you CURRENTLY have is permanenet and stable, and have a few paystubs to show, you should be fine. Some embassies will be picky if the last tax return doesn't show enough income.

Yes, non taxable income counts.

[brian@alejandra 20]

Almost all embassies require 125%, because that is what you will need for AOS a few months later.

Usually they only require the 125% to be current and ongoing; so as long as you can show the job you CURRENTLY have is permanenet and stable, and have a few paystubs to show, you should be fine. Some embassies will be picky if the last tax return doesn't show enough income.

Yes, non taxable income counts.

thank you, with my non taxable income I will have no problem showing it for the last few years, and the new job is stable, same check every week, and hopefully BMW will always use airbags, so I am goos there also! thanks for your help.

I also have property with no leans or morgatage I can use, but dont really want to.

[aws&ndd 103]

What penguin said is spot on. They are concerned more with CURRENT income, so if you can prove your current income is sufficient and will continue in the future you should be OK. Also the reason why the I-134 technically only requires 100% is because that form is also used for other non-immigrant visa types. When using it for a K-1 visa (which is considered a non-immigrant visa) they require 125% because there is intent to immigrate eventually by adjusting status.

In my case, my past income was horrible and not even close to the 125% as reflected in my previous years tax returns. However my current income is more than enough. To be safe I included a co-sponsor. At my fiancee's visa interview, they handed back my co-sponsor information (they didn't need it). They approved her visa with no problems.

[KayDeeCee 4,902]

List your current annual income, not what was on your W-2 for last year. How much you make a week times 52 weeks in a year. Include ALL your income and provide proof you receive it, with a letter from employer, most recent pay stub(s), bank statements showing deposits, and any other documentation that shows you receive the non-taxable income and how much you get.

Does turning 18 automatically emancipate a child in your state? You will need to look into your state laws on the matter. Dependent children under the age of 21(unless emancipated) count whether or not you pay child support, whether or not you claim them on your taxes, and no matter if they live with you or not.