Income Question

[ean 10]

How true is it that if your income does not meet the poverty guideline, you need to have triple the amount of difference in your bank account to make up for it. Say you lack 2,000 to meet the 125%, you need atleast 6k in your bank account to make up for it.

[sadavis5 46]

I don't know about the I-134 requirements, but the I-864 instructions are more detailed.

From the I-864 instructions:

In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current poverty guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference. If the intending immigrant is an alien orphan who will be adopted in the United States after the alien orphan acquires permanent residence, and who will, as a result, acquire citizenship under section 320 of the Act, the total value of your assets need only equal the difference.

[Boiler 45,666]

Do PI allow assets?

[asafrommaui 1]

Your example of being $2000 short so you need $6000 in assets IS what that rule means. That stated, there are a number of things listed that can or can not be used to make that value. Stocks, Mutual Fund savings, etc can be used. The resale value of your car can not be used but if you have multiple cars..then those additional cars might qualify. You should search for that list in the instruction pages about the support issue. As for me, I was a bit short so when I just filed my taxes for 2013, I "admitted" to unreported tips and brought my income up. I had to pay taxes on the tips I admitted to but it brought me up above that level. I do have savings which would have covered that 3times the difference calculation but I'd rather have that income be above their requirement than have them question my ability to support.

[Hank_ 9,174]

How true is it that if your income does not meet the poverty guideline, you need to have triple the amount of difference in your bank account to make up for it. Say you lack 2,000 to meet the 125%, you need atleast 6k in your bank account to make up for it.

USEM used 5 times, not triple.

[Caryh 5,206]

They do not have to accept assets on a K-1 visa. They must be convinced the petitioner can support you and keep you off of government support. They don't even have to follow the 125% on a K-1, but if they don't feel the petitioner can support the beneficiary, they can still reject based on risk of public charge. I'm not sure why the petitioner in this case is low on income, but the ability to show that income will rise (a recently graduated student), and over exceeding assets are all helpful to get over the public charge issue. The embassy has considerable latitude on K-1/2 visas in deciding who is likely to become a public charge.

[Hank_ 9,174]

They do not have to accept assets on a K-1 visa. They must be convinced the petitioner can support you and keep you off of government support. They don't even have to follow the 125% on a K-1, but if they don't feel the petitioner can support the beneficiary, they can still reject based on risk of public charge. I'm not sure why the petitioner in this case is low on income, but the ability to show that income will rise (a recently graduated student), and over exceeding assets are all helpful to get over the public charge issue. The embassy has considerable latitude on K-1/2 visas in deciding who is likely to become a public charge.

Totally agree. In fact I know of an IR/CR-1 case where the husband had considerable assets but his income was marginal and the embassy would not accept his assets and required him to get a co-sponsor. So the embassy is not just difficult with the K-1 they slam the IR/CR-1 pretty hard too when it comes to issues of potential public charges.

Edited March 17, 2014 by Hank_

[Tahoma 2,292]

They do not have to accept assets on a K-1 visa. They must be convinced the petitioner can support you and keep you off of government support. They don't even have to follow the 125% on a K-1, but if they don't feel the petitioner can support the beneficiary, they can still reject based on risk of public charge. I'm not sure why the petitioner in this case is low on income, but the ability to show that income will rise (a recently graduated student), and over exceeding assets are all helpful to get over the public charge issue. The embassy has considerable latitude on K-1/2 visas in deciding who is likely to become a public charge.

^^^ This.

Also, the consular officer can take into account the visa applicant's education, training, or special skills which would make them more employable in the U.S.

Ean, you could also gamble on trying to submit a cosponsor. At best, that's a 50/50 proposition at the U.S. Embassy Manila.

[ean 10]

^^^ This.

Also, the consular officer can take into account the visa applicant's education, training, or special skills which would make them more employable in the U.S.

Ean, you could also gamble on trying to submit a cosponsor. At best, that's a 50/50 proposition at the U.S. Embassy Manila.

Thanks everyone, my fiance earns a few thousand dollars above the poverty line, it's just relatively a new job that's why it gets me worried.

Nonetheless, as i said in my other posts, we are a young couple. 19 and 22, I will be graduating college soon (2 days after my interview, Ha!) from one of the top private universities here in the Philippines, while my fiance was a college student (2012, part time 2013) and his tax transcripts reflect so (Ofcourse, he was not able to meet the poverty guideline in those past two years because of being a student and for visiting me here in the Philippines for almost 3 months in 2013, another thing that gets me worried.)

With an expected average annual income exceeding the poverty guideline, plus a good bit of cash in his bank, I hope the CO lets it slide despite this being a new job.

His great grandma who owns real estates also wrote a handwritten letter stating that my fiance and I will live in a 2 bedroom apartment for free, and the location of which is accessible to work places, supermarket, and a bus stop (She knows I can't drive yet.)

We also made a letter of my educational background which my fiance and I both signed (As per Tahoma's suggestion )

However, his mom also sent in her I-134, I-864(as per Hank's suggestion ) recent 1040, most recent tax return, w2, and paystubs. (Did I miss anything?)

When will I know when to give the CO our co-sponsor documents?

I can't stop worrying about it. lol I heard they are more lenient when it comes to young couples, I wonder how true that is.

[Hank_ 9,174]

You will give the documents to the Filipino reviewer, he will ask for them so there is no wondering.

[ean 10]

You will give the documents to the Filipino reviewer, he will ask for them so there is no wondering.

So when he asks for the documents, should I give out the ones from the co sponsor too?

[Hank_ 9,174]

I would. He may or may not take them

[ean 10]

I would. He may or may not take them

Is overtime considered part of the income? My fiance works 50 hours per week, staple (sometimes even more, but never less) and it is reflected in his paystubs. However I heard the CO only multiplies the hourly rate to 40 which is the usual office hours of companies. I will present about 5 paystubs with 50 hours on it though

[Hank_ 9,174]

CO looks at the evidence, if it is showing weekly income of X amount he will most likely multiple that by 52. The employer letter most times state his annual income as well

[Caryh 5,206]

My guess is you're going to be fine. They understand a student just out of school is on the rising curve of his income. They understand he made less in previous years because he was in school. And they're also likely to accept a co-sponsor if needed because of those factors. Its the older, no or little chance of increasing income people they get hard on. I'd put your worries aside for now, as it appears you have this well covered.