Interpretation of Total Household Income vs Poverty Line Issue

[Lindseybug 0]

G) Compare Total Household Income with Governing Poverty Guideline.

If the sponsor’s total household income (line 24c of Form I-864 or line 18 of Form I-864EZ) is greater than or equal to the governing Poverty Guideline threshold, the sponsor does not need to show evidence of assets and does not require a joint sponsor. In this case, USCIS may move to Part 8 of Form I-864 or Part 6 of Form I-864EZ.

If a Form I-864EZ does not demonstrate means to maintain the required income, USCIS may choose to request that the adjustment of status applicant submit a new Form I-864 from the sponsor (if the applicant seeks to qualify based on showing “significant assets”), or to submit a sufficient Form I-864 from a joint sponsor. Note that this request for evidence would go to the applicant, not the sponsor.

http://www.uscis.gov/iframe/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-2872/0-0-0-3055.html

Okay, I am a bit confused.

Here's my situation: I want to bring my fiance here to the states with me, but I'm young, and with college I doubt I'll be breaking the poverty guideline this year. I still live with my parents though (haven't taken on a single loan yet) and this passage makes it sound like if I'm living with them then I do not need to prove sufficient income. They are definitely above poverty line.

Am I getting this right? Do you know how effective it is to call/email the USCIS with a question like this?

We do plan on finding a place quickly after he would arrive. I wouldn't need to re-prove my income once we do, right?

Thank you in advance.

[Dave&Roza 748]

G) Compare Total Household Income with Governing Poverty Guideline.

If the sponsor’s total household income (line 24c of Form I-864 or line 18 of Form I-864EZ) is greater than or equal to the governing Poverty Guideline threshold, the sponsor does not need to show evidence of assets and does not require a joint sponsor. In this case, USCIS may move to Part 8 of Form I-864 or Part 6 of Form I-864EZ.

If a Form I-864EZ does not demonstrate means to maintain the required income, USCIS may choose to request that the adjustment of status applicant submit a new Form I-864 from the sponsor (if the applicant seeks to qualify based on showing “significant assets”), or to submit a sufficient Form I-864 from a joint sponsor. Note that this request for evidence would go to the applicant, not the sponsor.

http://www.uscis.gov/iframe/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-2872/0-0-0-3055.html

Okay, I am a bit confused.

Here's my situation: I want to bring my fiance here to the states with me, but I'm young, and with college I doubt I'll be breaking the poverty guideline this year. I still live with my parents though (haven't taken on a single loan yet) and this passage makes it sound like if I'm living with them then I do not need to prove sufficient income. They are definitely above poverty line.

Am I getting this right? Do you know how effective it is to call/email the USCIS with a question like this? It's called the miss-information line for a very good reason.

We do plan on finding a place quickly after he would arrive. I wouldn't need to re-prove my income once we do, right?

Thank you in advance.

The USC that petitions for a spouse or fiancé(e) must submit an I-864 to prove that for the family size they meet the 125% above poverty level. Check the poverty guidelines. For a family size of two--USC petitioner and immigrant--the level is $19,662. You will have to show that you can met this at the interview and when applying for adjustment of status (AOS) after the marriage in the US. Should you not meet that level, you can use either a joint sponsor or three times the shortfall with assets. If you want your parents to be joint sponsors, they would need to file an I-864 and include all dependents plus the immigrant to their family size. Once the I-864 is approved you do not need to submit another one. The only thing you need to do is inform the USCIS when ever any of the sponsors on the I-864 move using the I-865 form. Your parents should also realize they will be on the hook for your soon to be husband should he ever get mean tested benefits from the Federal government and you cannot repay the government. The I-864 is a legal contract between the sponsors and the US government and should be read very carefully just so everybody knows what they are getting themselves into.

Good luck,

Dave

[NikLR 13,227]

are you planning to pursue a K1 (fiance visa) or a CR1 (spousal visa?)

[Lindseybug 0]

It's called the miss-information line for a very good reason.

There's a phone line? What does this mean?

are you planning to pursue a K1 (fiance visa) or a CR1 (spousal visa?)

A CR1. I'm hoping to visit and get married either this winter or next summer. As I understand it, we'd use the visit to marry, share any documents we might need, take a million copies of everything, and then go back to our homes and get the process started. That is, if I can get a co sponsor or figure out a loophole- I'd have to double my earnings very very quickly, otherwise.

I know the risk of involving my parents, and that is the absolute last thing I'd ask of them- though I don't think they would agree to it regardless. There's a small chance, I guess.

[Dave&Roza 748]

There's a phone line? What does this mean?

It means that the odds of getting a correct answer are worse than winning the lottery after spending a long time on hold. The first person you talk to has no more information about your case or the immigration process than you do. If you can get your call escalated to a Tier Two Human your chances of getting a correct answer goes up some. In short it means it is a waste of your time and effort to call or e-mail the USCIS. Just post your questions here on VJ. Your chances of getting a correct answer are quite good and you do not have to wait 5 hours while on hold.

If you will start the process next year, you have some time. Maybe try putting a few hundred dollars away out of each paycheck so you can have 3X the difference between your income and the 125% of the poverty level--$19,662. Maybe get your parents to give you some cash to put in a saving account you could use as an asset--beats having them submit an I-864.

Dave

Edited August 13, 2014 by Dave&Roza

[cheillie 0]

Thank you, this answered some of my questions! Now..let's see what else I can find! I might be back.

[Lindseybug 0]

It means that the odds of getting a correct answer are worse than winning the lottery after spending a long time on hold. The first person you talk to has no more information about your case or the immigration process than you do. If you can get your call escalated to a Tier Two Human your chances of getting a correct answer goes up some. In short it means it is a waste of your time and effort to call or e-mail the USCIS. Just post your questions here on VJ. Your chances of getting a correct answer are quite good and you do not have to wait 5 hours while on hold.

If you will start the process next year, you have some time. Maybe try putting a few hundred dollars away out of each paycheck so you can have 3X the difference between your income and the 125% of the poverty level--$19,662. Maybe get your parents to give you some cash to put in a saving account you could use as an asset--beats having them submit an I-864.

Dave

Thanks for the advice (: I'll probably have to finagle my way into more hours at work and maybe parents and fiance can funnel in enough cash to make it happen- move my car into my name even. Earned 10k last year so there's quite a stretch but there'll be a way.