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Posted

it's just a matter of wording. income needs to be at least 125% of the poverty level. what you wrote could be interpreted as needing poverty level plus 125% of it.


Hank Could you please explain why my answer was incorrect? If you refer to page 8 of the I864 instructions it say that to be a sponsor your income needs to be 125% over the poverty level.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b70f8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

US Embassy Manila website. bringing your spouse/fiancee to USA

http://manila.usembassy.gov/wwwh3204.html

Posted

Most here knew what you meant, BRB, but it's best to be clear so as not to steer someone (especially a new applicant with low income) down an incorrect path. Or to make a point that someone in this thread will later argue with you about over and over because he or she doesn't like your answer.

BLUF: We are required to have income equal to or greater than 25% over the poverty level for family size. If that requirement is not met on your tax return from LAST YEAR, then you need to start providing that extra proof of income (like employment proof, pay stubs, etc.), or be able to show that you have five times the difference between last year's income and the 125% amount.

I keep seeing the 3X number pop up here and there, not sure where it comes from. The I-864 clearly stipulates 5X. Perhaps some countries are lax on that number, not sure.

Posted (edited)

the 3x comes from the I-864 Part 7 line 10 for a spouse or minor child. I guess embassies have the discretion whether to use 3x or 5x for a K-1 Visa. I haven't noticed if anyone has used 3x assets for income shortfall in Manila, so the safe thing would be to use 5x, if needed.

Edited by sunandmoon

US Embassy Manila website. bringing your spouse/fiancee to USA

http://manila.usembassy.gov/wwwh3204.html

Posted

I keep seeing the 3X number pop up here and there, not sure where it comes from. The I-864 clearly stipulates 5X. Perhaps some countries are lax on that number, not sure.

3x for spouses and children.

http://travel.state.gov/visa/immigrants/info/info_3183.html#6

What Cash Value of Assets is Needed?

The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size

Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guideline and actual household income.

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Posted

I think your math is off for the spousal section....

if you are sponsoring a spouse and you made $15000 last year and you have no other dependents you must show that you have 3x the difference of 125% the income level minus your income level.

19,388-15,000 = $4388 x 3 = $13,164 in assets.

Assets cannot be the house you live in or the car you drive. It has to be an extraneous value (a house you own but rent out, an extra car, savings, or anything else you can liquidate within 1 year)

I thought that the I-134 only had to be 100% of the poverty guideline not 125%. The 125% is for the I-864 after you guys adjust status.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Posted (edited)

Wait. I'm confused. Your income needs to be 5x more than what the limit is for two people? Or 125%? I thought it was 125%. I'm missing something.

No. The 5x is if you are using assets. You need to have 5x the assets if you make under the poverty guidelines. Just the difference between the two. If you're over the poverty guidelines, don't worry about it.

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Posted

No. The 5x is if you are using assets. You need to have 5x the assets if you make under the poverty guidelines. Just the difference between the two. If you're over the poverty guidelines, don't worry about it.

Oh thank god. I was really worried for a moment! :)

Posted

I think your math is off for the spousal section....

if you are sponsoring a spouse and you made $15000 last year and you have no other dependents you must show that you have 3x the difference of 125% the income level minus your income level.

19,388-15,000 = $4388 x 3 = $13,164 in assets.

Assets cannot be the house you live in or the car you drive. It has to be an extraneous value (a house you own but rent out, an extra car, savings, or anything else you can liquidate within 1 year)

I thought that the I-134 only had to be 100% of the poverty guideline not 125%. The 125% is for the I-864 after you guys adjust status.

I'm working on the math, and reading. Will come back to that later. But as for the house, I think you may be incorrect:

"You may include the net value of your home as an asset." Just have to prove it's yours, and use the value less what is owed on it.

Posted (edited)

Okay here is what I am looking for :

http://www.visajourney.com/forums/topic/447101-affidavit-questions-important/#entry6433596

It's 100% for the I-134 but it's up to the officer so you're better off to be on the safe side of 125% or more.

When you AOS the I-864 demands that you are at 125% unless the petitioner is active military. At that point in time you only need 3x the difference in assets, not 5x as required by the I-134.


I'm working on the math, and reading. Will come back to that later. But as for the house, I think you may be incorrect:

"You may include the net value of your home as an asset." Just have to prove it's yours, and use the value less what is owed on it.

The reason I say that a home can't be used is because where will you live if you have to sell your house to pay off the govt for means-tested benefits used by the beneficiary? The CO won't let you use your house that is your primary residence.

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Posted (edited)

I think it is a bit confusing with the 125% thing thrown in. Here's what I gleaned from reading is just now:

If you make more than 125% of the poverty level, no assets needed, you qualify as a sponsor.

If you make less than 125%, you must prove assets of [3X or 5X] of the difference between the 125% mark and your income. This is where I was confused, because the I-864 instructions make it sound like you must have the 3X/5X amount based on the poverty level (doesn't mention the 125% thing). But the info on the travel.state.gov site (http://travel.state.gov/visa/immigrants/info/info_3183.html#6) specifies the 125% mark. So I guess for all calculations regarding sponsoring an immigrant, the 125% value should be used.

Another thing that I think is ambiguous is the whole spouse/child issue. One interpretation could have it meaning if you sponsor anyone other than a spouse/child, you must have 5X, but only 3X for a spouse/child. I take that to mean there is a difference between immediate family and extended family. Yet spouse and fiance have different meanings. But it seems unfair that one must provide more assets for a fiance than a spouse, when said fiance will soon be a spouse. Perhaps the extra 2X is due to the possibility of never getting married. (as if divorce is tough here in the US)

Disregard that last. By the time you file an I-864 for AOS, the fiance has become your spouse (most likely).

Edited by DavenRoxy
Posted

The reason I say that a home can't be used is because where will you live if you have to sell your house to pay off the govt for means-tested benefits used by the beneficiary? The CO won't let you use your house that is your primary residence.

I'm hearing what you are saying, but that's not what part 7 instructions specify. They DO specify you cannot claim your only car, but you can use your home. A rental "house" is not your home. Home is where you live.

Posted

It's always up to the discretion of the consular officer. From what I understand from other members, like pushbrk, who is VERY good at the affidavit of support paperwork, you cannot use the home you live in for the reasons I state in. House and home can be used synonymously.

If you choose, you can message pushbrk about this for clarity.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

 
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