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CrabKitty

Question regarding poverty level and supporting an immigrant

By CrabKitty in Adjustment of Status from Work, Student, & Tourist Visas

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CrabKitty Rookie

CrabKitty   0

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Filed: Timeline
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Hello Visajourney. Once again I find myself seeking your help.
Awhile back I was here asking for help with my wife's immigration. Among the collection of forms we submitted was the I-864 (Affidavit of Support). We have since then received a letter from the USCIS informing us that I'm not eligible to sponsor her as my income does not meet the minimum federal poverty level requirements. But this is incorrect, as I begun working a new job this year that more than exceeds the required level. The problem is that the information requested for the I-864 is my tax information for last year, part of which I was unemployed. So now I ask, what are my options? Are there forms I can acquire that will be accepted? Or will we have to resort to finding another supporter? Thanks in advance for any assistance you can provide.

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CrabKitty Rookie

CrabKitty   0

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Did you include your current letter of employment stating your annual salary, numerous pay stubs?

No, I didn't. As the I-864 never mentioned those things. That sounds like it would certainly solve the problem though. I wasn't aware that was acceptable information. The letter I recieved had a short list of acceptable documentation as well, and current pay stubs or a letter of employment were not listed. Is this still an option?

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Merrytooth Mentor

Merrytooth   5,748

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Filed: Lift. Cond. (apr) Country: Singapore
 Timeline
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If you read the I-864 instructions:

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Part 6. Sponsor's Income and Employment

5. Current Individual and Annual Income

It is stated that you may include evidence supporting claim about your expected income for the current year which you said will exceed the poverty guidelines.

So did you receive RFE from USCIS to provide more support documents for I-864 or told to get co-sponsor?

Done with K1, AOS and ROC

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TBoneTX Grand Master

TBoneTX   43,038

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Filed: Citizen (apr) Country: Ecuador
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*** Thread moved from Tax & Finances forum to the main "AOS from Work, Student, & Tourist Visas" forum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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CrabKitty Rookie

CrabKitty   0

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Filed: Timeline
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If you read the I-864 instructions:

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Part 6. Sponsor's Income and Employment

5. Current Individual and Annual Income

It is stated that you may include evidence supporting claim about your expected income for the current year which you said will exceed the poverty guidelines.

So did you receive RFE from USCIS to provide more support documents for I-864 or told to get co-sponsor?

Thanks very much for the reply. I suppose I somehow missed that.

To answer your question. The letter I received asked for either more supporting documentation, or a second co-sponsor.

Which brings me to a question, while this is being discussed. My current yearly income is sufficient to surpass 125% the poverty guideline as is needed. But I've only worked that job for about half of the year. Is it that I must make a projected amount for this year specifically? Or just that my typical yearly income should meet those requirements? I hope I worded that properly.

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Merrytooth Mentor

Merrytooth   5,748

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Filed: Lift. Cond. (apr) Country: Singapore
 Timeline
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Thanks very much for the reply. I suppose I somehow missed that.

To answer your question. The letter I received asked for either more supporting documentation, or a second co-sponsor.

Which brings me to a question, while this is being discussed. My current yearly income is sufficient to surpass 125% the poverty guideline as is needed. But I've only worked that job for about half of the year. Is it that I must make a projected amount for this year specifically? Or just that my typical yearly income should meet those requirements? I hope I worded that properly.

From what I have researched in VJ, the annual income does not mean Jan - Dec 2014.

You need to show that you have a current income that equals the required amount above the 125% on an annualized basis.

A current income that will be continuing, so that going forward you will be making the required amount of money over the course of the next 12 months.

example:

http://www.visajourney.com/forums/topic/448715-i-864-65-current-individual-annual-income/?p=6447880

http://www.visajourney.com/forums/topic/379305-i-864-do-i-need-joint-sponsor-if-2010-and-2009-my-income-is-less-than-125-poverty/

Done with K1, AOS and ROC

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CrabKitty Rookie

CrabKitty   0

Posted
Filed: Timeline
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From what I have researched in VJ, the annual income does not mean Jan - Dec 2014.

You need to show that you have a current income that equals the required amount above the 125% on an annualized basis.

A current income that will be continuing, so that going forward you will be making the required amount of money over the course of the next 12 months.

example:

http://www.visajourney.com/forums/topic/448715-i-864-65-current-individual-annual-income/?p=6447880

http://www.visajourney.com/forums/topic/379305-i-864-do-i-need-joint-sponsor-if-2010-and-2009-my-income-is-less-than-125-poverty/

Okay, thanks again. That answers my questions.

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