I-134 evidence, determination of income

[Jaz&Bry 9]

Hi everyone,

just preparing myself for the steps to come after NOA2. I have a question regarding the affidavit of support (I-134). Hopefully someone can help.

I know the evidence that is required with the form, such as recent pay stubs, tax returns, bank statements.

How do they determine if one is above the poverty guidelines if one earns a different amount each month?

Do they actually just look at the past 12 months, add the incomes of each individual month and see if the sum is above the guideline number? Is it that simple? Or do they look at the current pay stubs and multiply them times 12 to make an estimate of what he may earn in the future?

The reason I am wondering is this: My fiance works in education and up until recently he had 2 jobs with different employers. Now he is down to one job and the summer is coming up, which means in his field of work, less work and a lower income for a few months.

Unfortunately it looks like my interview will most likely take place in the summer or fall and his last pay stubs (the ones that we will have to provide as evidence) will show an income that would not suffice if that´s what he made every single month of the year. Work will pick up in the fall again though. But the consular officer won´t know that.

I am concerned they may look at those pay stubs and assume that he won´t be able to support me in the future based on the current income. Do we need to worry?

Is there a way to let them know that a "slow summer" is typical in his field of work? Maybe add a statement from the employer?

Thanks guys for your advice in advance!

Edited April 29, 2013 by Jaz&Bry

[Inky 1,110]

They match the current income to this list. With how many house hold members. http://www.uscis.gov/files/form/i-864p.pdf

If you do not meet the current income requirements you need a co-sponsor that does.

[Jaz&Bry 9]

They match the current income to this list. With how many house hold members. http://www.uscis.gov/files/form/i-864p.pdf

If you do not meet the current income requirements you need a co-sponsor that does.

Thank you, I am familiar with this list.

I was just wondering do they only take into account the past year(s) or do they look at prospective income too?

Will they assume that he wont be able to support me based on the recent pay stubs or do they simply not care about that as long as in the past 12 months as a whole his income meets the criteria?

Edited April 29, 2013 by Jaz&Bry

[Bayareaguy 156]

I would get a letter from the employer stating that he makes $xx,xxx a year based on his current salary and schedule.

[Lynkali 163]

My situation is somewhat similar. I teach as adjunct faculty at two community colleges, and usually don't teach at all from June-September (no paychecks for 3 months). Bearing in mind that I haven't gotten NOA2 yet and we're still in the preparing stage for the interview, here's what I'm doing to show income and assets.

First off, my income has fluctuated wildly in the last three years: from under poverty level in 2011 to way above (45K) in 2012 and now for 2013 it will be around 22K (comfortable but like you said, no paychecks during the summer to PROVE my income is ongoing). So I have letters from both colleges stating that my employment is "semester to semester" but "currently still employed", and stating my current salary. I also have paychecks up until the summer starts (we hope to have our interview in July so hopefully a June paycheck won't be missed.) I also am planning to print out the college schedule to show that I am the instructor of record for the coming fall semester at both colleges. If the colleges have generated their employment contracts by the interview, I will definitely include those, but they usually aren't available before the end of July.

Finally because I feel shaky about the whole PROVING aspect -- yes, I know what my income is and it's above 125% poverty level but I cannot prove that once the summer starts and I stop getting paychecks! -- I am backing everything up with ASSETS. Investment accounts, savings, checking and retirement accounts totaling nearly 200K all in my name -- I can't believe they would find any fault with a marginal income and that amount of assets, and yet I'm still nervous. So as a final absolute third backup, we have a cosponsor who is filling out all the support documents as well, and if at the interview the officer has any problem with my solo support, then we will submit the co-sponsor as well. Finally, I plan to have a notarized letter explaining my financial situation in plain English, so there's a quick summary before the consular officer gets overwhelmed by bank statements and paychecks.

Maybe I'm being overcautious, but I've always been a "what-if" person, and I want those safety nets -- as part-time educators, we're in a unique situation and I am not sure if the consulate will understand that. Therefore, assets and co-sponsor. That's my suggestion anyway!

[Lynkali 163]

I would get a letter from the employer stating that he makes $xx,xxx a year based on his current salary and schedule.

But the employer at a college who only gives a contract for one semester at a time WILL NOT give that letter. I couldn't get it. My letter (part time, semester-to-semester) from two different colleges states my current salary for the semester, my hourly wage of $65 something/hour, the fact that I am employed on a "semester to semester" basis, and that I am currently in good standing and still employed. The college will NOT write a letter predicting Fall semester wages when they haven't even set their schedules and we are not under contract to teach yet.

[Jaz&Bry 9]

My situation is somewhat similar. I teach as adjunct faculty at two community colleges, and usually don't teach at all from June-September (no paychecks for 3 months). Bearing in mind that I haven't gotten NOA2 yet and we're still in the preparing stage for the interview, here's what I'm doing to show income and assets.

First off, my income has fluctuated wildly in the last three years: from under poverty level in 2011 to way above (45K) in 2012 and now for 2013 it will be around 22K (comfortable but like you said, no paychecks during the summer to PROVE my income is ongoing). So I have letters from both colleges stating that my employment is "semester to semester" but "currently still employed", and stating my current salary. I also have paychecks up until the summer starts (we hope to have our interview in July so hopefully a June paycheck won't be missed.) I also am planning to print out the college schedule to show that I am the instructor of record for the coming fall semester at both colleges. If the colleges have generated their employment contracts by the interview, I will definitely include those, but they usually aren't available before the end of July.

Finally because I feel shaky about the whole PROVING aspect -- yes, I know what my income is and it's above 125% poverty level but I cannot prove that once the summer starts and I stop getting paychecks! -- I am backing everything up with ASSETS. Investment accounts, savings, checking and retirement accounts totaling nearly 200K all in my name -- I can't believe they would find any fault with a marginal income and that amount of assets, and yet I'm still nervous. So as a final absolute third backup, we have a cosponsor who is filling out all the support documents as well, and if at the interview the officer has any problem with my solo support, then we will submit the co-sponsor as well. Finally, I plan to have a notarized letter explaining my financial situation in plain English, so there's a quick summary before the consular officer gets overwhelmed by bank statements and paychecks.

Maybe I'm being overcautious, but I've always been a "what-if" person, and I want those safety nets -- as part-time educators, we're in a unique situation and I am not sure if the consulate will understand that. Therefore, assets and co-sponsor. That's my suggestion anyway!

I think with your vast amount of assets you should be fine, but like you said, it´s better to be safe because you don´t know how understanding of our situation they will be.

Great advice, I´ll check with my fiance what assets he has. A co-sponsor he really doesn´t want if not absolutely necessary (male pride, I guess ).

Hope you´ll get your NOA2 soon!

[Jaz&Bry 9]

I would get a letter from the employer stating that he makes $xx,xxx a year based on his current salary and schedule.

That could work in our case.

Unlike you, Lynkali, my fiance is not completely out of his job during the summer. He is not a teacher, he is a program manager for educational programs and there is a little bit of admin work to do during the summer, so he remains officially employed.

I´ll have him ask for that type of statement, doesn´t hurt to try.

thanks!

Edited April 29, 2013 by Jaz&Bry

[HK12 273]

Our situation is similar. My husband works for a school and hence does not work in the summers. We had a lot of worries and trouble with the income requirement. Even though my husband does make it comfortably over the poverty limit, he only does so because he additionally works two other jobs (whose income however also fluctuates over the year). It was pretty hard to determine his actual income. For the AOS, we are still waiting for news, but for the K1, we did this:

We used a letter from his school stating the income for the whole school year of 2011/2012 as a basis (I sent packet 3 in October). The employer's letter also stated his hourly wages. The consulate in Frankfurt accepted that without any problems. I think they know it is hard to determine income with seasonal jobs like that.

We also got an employer's letter from his other job which stated his income for 2012 up to the date that I sent off my packet 3. That one was also accepted by the consulate.

For both jobs, we also sent all pay stubs for the whole year of 2012 (which was a pain, I assure you!)

He is also self-employed, so we had to send additional evidence of that as well.

Just in case, we backed up everything with assets. For the AOS, we additionally have a co-sponsor, in case we get an RFE or the interviewer gives us trouble.

Phew...

Edited May 1, 2013 by HK12