Income Requirement Question / Confusion (I-864)

[Christopher1384 12]

Hello,

I just started working full time in the middle of October 2013. I was attending university from 2011-2013 and only working part time, therefore not making the minimum of 125% of the poverty scale. Now as of the middle of October I am making above the minimum. So my questions is: Do I have to make the 125% for all three years that they require tax returns or do I just have to CURRENTLY make 125%? Thank you.

[Jon York 156]

If you're the primary sponsor, you don't have to make 125% of the poverty level. You only have to make 100%. It's only in the case if you have a co-sponsor. The co-sponsor has to make 125% of the poverty level. But if you make at the poverty level or a little above, you won't need a co-sponsor.

Edited December 11, 2013 by Jaybolo

[queng 5]

Hello,

I just started working full time in the middle of October 2013. I was attending university from 2011-2013 and only working part time, therefore not making the minimum of 125% of the poverty scale. Now as of the middle of October I am making above the minimum. So my questions is: Do I have to make the 125% for all three years that they require tax returns or do I just have to CURRENTLY make 125%? Thank you.

you dont need to make 125% for all three years that they require. You just need to prove that you are making the 125% currently. My husband did make 125% for three year I got denied but as soon as his paycheck shows he make the 125% by October 2010 I submitted his paystub and we got approved.

[NikLR 13,234]

Hello,

I just started working full time in the middle of October 2013. I was attending university from 2011-2013 and only working part time, therefore not making the minimum of 125% of the poverty scale. Now as of the middle of October I am making above the minimum. So my questions is: Do I have to make the 125% for all three years that they require tax returns or do I just have to CURRENTLY make 125%? Thank you.

With a Canadian beneficiary you only have to be making the 125% currently. Some embassies and consulates require several years but Montreal does not.

If you're the primary sponsor, you don't have to make 125% of the poverty level. You only have to make 100%. It's only in the case if you have a co-sponsor. The co-sponsor has to make 125% of the poverty level. But if you make at the poverty level or a little above, you won't need a co-sponsor.

No you are incorrect. Unless the petitioner is in the military they must make 125% of the poverty guidelines as stated on the I-864p.

[lost_at_sea 995]

If you're the primary sponsor, you don't have to make 125% of the poverty level. You only have to make 100%.

Where'd you get that from? The poverty guidelines are pretty clear.

[Jon York 156]

Where'd you get that from? The poverty guidelines are pretty clear.

What do you mean where did I get it from? If the petitioner makes 100% of the poverty level, they don't need a co-sponsor. If they do need a co-sponsor, then the co-sponsor has to make 125% of the poverty level.

And by the way, to say "the poverty guidelines are pretty clear" is a non-sequitur. The percentages of the poverty guidelines that one has to make - have nothing to do with the clarity of the poverty guidelines!

Edited December 11, 2013 by Jaybolo

[lost_at_sea 995]

What do you mean where did I get it from? If the petitioner makes 100% of the poverty level, they don't need a co-sponsor. If they do need a co-sponsor, then the co-sponsor has to make 125% of the poverty level.

And by the way, to say "the poverty guidelines are pretty clear" is a non-sequitur. The percentages of the poverty guidelines that one has to make - have nothing to do with the clarity of the poverty guidelines!

You are still incorrect, though. NLR is correct.

[Jon York 156]

Yes, he is correct but we're saying the same thing. If you're filing only an I-134 you only need to make 100% of the poverty level. If you're filing a I-864, then you need to make 125% of the poverty level. And that's exactly what I said. The I-864 is for a CO-SPONSOR, but the OP didn't say anything about a co-sponsor. He was only talking about his own income. So I told him, if you're doing it on your own you only need to make 100% of the poverty level - if you have a co-sponsor (i.e. I-864), then they need to make 125%. So how is what I said wrong?

[lost_at_sea 995]

So I told him, if you're doing it on your own you only need to make 100% of the poverty level - if you have a co-sponsor (i.e. I-864), then they need to make 125%. So how is what I said wrong?

The bit I have emboldened is the bit you've said wrong. The OP is filing an I-864 (I have no idea why you're bringing up the I-134, that has no defined required income values, and is not relevant to a spousal visa). If he is completing it alone, he needs to show an income of 125% (unless he is military, in which case, then it is 100%).

Edited December 11, 2013 by lost_at_sea

[Jon York 156]

Well, nowhere in his post did he say he was the co-sponsor. On this site, we usually only hear from petitioners who need a co-sponsor. I still don't see where he was asking about himself as the co-sponsor.

When I said, "if you're doing it on your own" I was assuming he's the petitioner. It sounded like he thought he needed a co-sponsor because he didn't make 125% of the poverty level. If he is the petitioner, he doesn't need to make 125% of the poverty level - only 100%.

[lost_at_sea 995]

Well, nowhere in his post did he say he was the co-sponsor. On this site, we usually only hear from petitioners who need a co-sponsor. I still don't see where he was asking about himself as the co-sponsor.

When I said, "if you're doing it on your own" I was assuming he's the petitioner. It sounded like he thought he needed a co-sponsor because he didn't make 125% of the poverty level. If he is the petitioner, he doesn't need to make 125% of the poverty level - only 100%.

I have no idea what you're talking about anymore.

Co-sponsor or no co-sponsor, primary petitioner or not, the person doing the I-864 and being the financial sponsor must show 125% income for a spousal visa (if using income, of course, and non-active military).

Seriously. Are you just trolling me now?

Edited December 11, 2013 by lost_at_sea

[NikLR 13,234]

Yes, he is correct but we're saying the same thing. If you're filing only an I-134 you only need to make 100% of the poverty level. If you're filing a I-864, then you need to make 125% of the poverty level. And that's exactly what I said. The I-864 is for a CO-SPONSOR, but the OP didn't say anything about a co-sponsor. He was only talking about his own income. So I told him, if you're doing it on your own you only need to make 100% of the poverty level - if you have a co-sponsor (i.e. I-864), then they need to make 125%. So how is what I said wrong?

Where you are wrong are the forms required. A petitioner and primary sponsor must sign a completed I-864 (or I-864ez) not an I-134. The I-134 is only for a non-immigrant visa like the k1.

[NikLR 13,234]

Anyone signing a completed I-864 as a petitioner (primary sponsor) or as a joint sponsor, must make 125% the poverty guidelines for their household size including the beneficiary.

(Note... Unless they are active military)

[Christopher1384 12]

Anyone signing a completed I-864 as a petitioner (primary sponsor) or as a joint sponsor, must make 125% the poverty guidelines for their household size including the beneficiary.

(Note... Unless they are active military)

That is what I understand as well. Wow I did not expect to start such a ruckus! haha. I just needed to know for how long I needed to have proof of the 125% which was answered as only currently which is awesome, now I dont have to involve a co-sponsor. Thank you for the help everyone : )

[Jon York 156]

Where you are wrong are the forms required. A petitioner and primary sponsor must sign a completed I-864 (or I-864ez) not an I-134. The I-134 is only for a non-immigrant visa like the k1.

Yes, you're absolutely right. And my apologies to everyone. For some reason I thought this was in a k-1 forum. SORRY!