Question about AOS

[heytoot 4]

My friend was asking me regarding the affidavit of support but I don't really have a good idea about it, he is planning to file for a spousal visa (IR1-CR1) for his wife. He said that he has an annual income of 19T plus, but he is kinda hesitant filing for it now since he want to make sure that the income his having is already enough. He is renting an apartment and he is living on his own. He has a part time job and he also have his own business. People from IRS told him that his income is already enough to file for a visa. But he wants to really make sure that its a good amount before he will invest time and money with the visa processing and just end up being denied because his income was not enough. They don't have kids yet, he is only gonna be filing for his wife. Hope you guys can give me some insight on this!!

Appreciate it a lot!

[carton025 38]

Nice story. What is your question? In other words, his documentation/evidence must meet the guidelines as stated...

[heytoot 4]

LOL sorry... My question is that is 19T enough for the AOS? because you have to atleast reach 125% above poverty line. Right? or am I wrong?

Nice story. What is your question? In other words, his documentation/evidence must meet the guidelines as stated...

[Penguin_ie 6,000]

If he makes exactly $19'000 then no, that is not enough unless he also has assets (savings account, 401k, property etc). He needs to figure out exactly how much he maes, because if he, say makes $20'500 when it's all added up, that would be enough.

[heytoot 4]

Hi!

He told me that he was told by the IRS people that it's already enough, how much is the 125%? because my friend did some research online, he told me that he found this site. http://www.**.com/affidavit-of-support/i-864p-poverty-guidelines.html. I dont know if it's gonna give some relevance though or if it's the right amount needed.

If he makes exactly $19'000 then no, that is not enough unless he also has assets (savings account, 401k, property etc). He needs to figure out exactly how much he maes, because if he, say makes $20'500 when it's all added up, that would be enough.

[heytoot 4]

Hi!

He told me that he was told by the IRS people that it's already enough, how much is the 125%? because my friend did some research online, he told me that he found this site. http://www.**.com/affidavit-of-support/i-864p-poverty-guidelines.html. I dont know if it's gonna give some relevance though or if it's the right amount needed.

He is living in an apartment right now and he is only supporting himself so the calculation of it is the husband + wife = 2 household, is this right? What if he is living with someone in the same apartment let's just say his brother, but he isn't supporting him, is he also calculated for the household?

[Penguin_ie 6,000]

The guidelines in your link are correct- ie he would need to make $19'387 absolute minimum to get approved- preferably a bit more. If he makes exactly $19'000 like you said, that is not enough.

[heytoot 4]

Hi thank you so much Penguin_ie!!!

He is living in an apartment right now and he is only supporting himself so the calculation of it is the husband + wife = 2 household, is this right? What if he is living with someone in the same apartment let's just say his brother, but he isn't supporting him, is he also calculated for the household?

I told my friend right now about what you said and he said he is kinda short maybe a few bucks, maybe 40-50 bucks short. He said he has 2 cars, can he include that one in his asset?

The guidelines in your link are correct- ie he would need to make $19'387 absolute minimum to get approved- preferably a bit more. If he makes exactly $19'000 like you said, that is not enough.

[Penguin_ie 6,000]

No the brother doesn't count, unless they are financially dependant (listed on tax return etc).

Yes, one of the two cars can count, Kelly Blue Book estimate is good, assuming it is fully paid off of course. Also any money in the bank account- if he's only so little short, even a few hundred in the account should be enough.

That being said, keep in mind that if he has not filed yet, it'll be half a year or more till he needs to fill in the I-864 (at NVC stage). He may have gotten a promotion by then, or found a better paying job.

Edited August 6, 2013 by Penguin_ie

[heytoot 4]

Thank you so much Penguin_ie!!!!

You basically solved his worries. So he'll just need to include his bank records and all just to add up some of the lacking money??? As long he is gonna come up with $19,387, right? They wouldn't by chance increase it just because his using his savings?

He is actually filing for DCF.

No the brother doesn't count, unless they are financially dependant (listed on tax return etc).

Yes, one of the two cars can count, Kelly Blue Book estimate is good, assuming it is fully paid off of course. Also any money in the bank account- if he's only so little short, even a few hundred in the account should be enough.

That being said, keep in mind that if he has not filed yet, it'll be half a year or more till he needs to fill in the I-864 (at NVC stage). He may have gotten a promotion by then, or found a better paying job.

[Penguin_ie 6,000]

$19'387 is the absolute minimum. They cannnot approve below that, but they do not have to approve above that. If he uses assets (savings, car etc) it is better to be comfortably over.

BTW, if he is doing DCF, how does he have a US based income? Foreign income does not count. Foreign assets MAY count, it depends on the embassy.

[heytoot 4]

We read that the Assets of a Petitioner are calculated at 1/3rd value. If the Petitioner has $30,000.00 USD in a bank account, they will be given $10,000.00 USD credit toward income requirement. So i think he is going a bit above it, if he includes his savings. Like what you said earlier that 20,500 is already a good amount? I think he is above the said amount though. I really don't know how it works for them, I just know he is a dual citizen.

$19'387 is the absolute minimum. They cannnot approve below that, but they do not have to approve above that. If he uses assets (savings, car etc) it is better to be comfortably over.

BTW, if he is doing DCF, how does he have a US based income? Foreign income does not count. Foreign assets MAY count, it depends on the embassy.

[pushbrk 13,623]

That's all well and good, but if his income is from his own business, then what shows on his 2012 tax return has no bearing on what will be considered his "current income" at the time he provides the affidavit of support in 2014. For the self employed, "current income" is the number on line 22 of the most recent tax return. That is likely to be his NEXT (2013) tax return, not the 2012 you're referring to now. Is the number you are using as his "income" coming from line 22. If not, what is THAT number?

[heytoot 4]

Hi pushbrk!!

He just told me that his over all income from both his business and part time job sum up to that 19T plus. When we tried looking for information how much is the US poverty line, he said he was short maybe a few bucks. But he said he got some savings so his planning to add that up to his asset. That would be good, right? But just in case he is gonna file for next year, or I dont know what their plan is, but I'm pretty sure his incoming will probably increase because I think his business is growing. What is a good amount for 2 household?

That's all well and good, but if his income is from his own business, then what shows on his 2012 tax return has no bearing on what will be considered his "current income" at the time he provides the affidavit of support in 2014. For the self employed, "current income" is the number on line 22 of the most recent tax return. That is likely to be his NEXT (2013) tax return, not the 2012 you're referring to now. Is the number you are using as his "income" coming from line 22. If not, what is THAT number?

[pushbrk 13,623]

When he tells you the number on line 22 of his most recent tax return, you'll know his NOW current income, not his interpretation of what it is. I have no clue where he got that number. When the time comes though, the most important number will come from line 22 of a tax return he has not yet filed.