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I-864 Confusion

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Hello all.

I'm preparing my I-864 early, in advance of submitting my wife's I-130 next week here in Manila. I'm confused by seemingly contradicting guidelines contained in the I-864 itself, and the I-864 instruction sheet.

The I-864 (dated 3/22/13) says this, at the top of page 6 in the "For USCIS use only" area: "The total value of all assets, line 10, must equal 5 times (3 times for spouses and children of USC's, or 1 time for orpans to be formally adopted in the US) the diifference between the poverty guidelines and the sponsor's household income, line 10."

But later on page 6 still, in the middle of the page under Part 7 (Use of Assets to Supplement Income), it states: "If your income, or the total income for you and your household from Part 6, Line 10 exceeds the Federal Poverty Guidelines for your household size, YOUR ARE NOT REQUIRED to complete this part. Skip to Part 8.

The I-864instr (also dated 3/22/13) states: "Annual Household Income. This section is used to determine the sponsor's household income. Take your annual individual income from Item #5 and enter it on Item #6c. If this amount is greater than 125 percent of the Federal Poverty Guidelines for your household size, you do not need to inlcude any household member's income. See Form I-864P for reference on Poverty Guidelines."

Bottom line, my gross annual income from my US Army retirement is $60,324.00. My family size is 4 (spouse and 2 kids, but both our children as US Citizens via CRBA and therefore are not immigrants). Per I-864P dated 1 March 2014, the 125% poverty guideline for a family of four is $29,812. Am I good to go, or not? What is the reference to "3 times the difference between the poverty guidelines and the sponsor's household income" for spouses? That actually doesn't make any sense, because using that logic the higher your income, the greater the difference and the greater the requirement.

So...do I need additional income or a sponsor, or am I good to go regarding income? :unsure:

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hi

assets are used if you don't meet the 125% and you need to supplement your income, that's why it's optional

you supercede the minimum required for your household size, you're fine

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Exactly. That info is about using assets. You more than meet the requirement for your household size, so no need to use and list assets at all.

Page 7 > http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Part 7. Use of Assets to Supplement Income.

Only complete this Part if you need to use the value of assets to meet the income requirements. If your Total Household
Income
(indicated on Item Number 10. of Part 6.) is equal to or more than needed to meet the income requirement as
shown by the current Poverty Guidelines
(Form I-864P) for your household size (indicated on Item Number 8. of Part 5.),
you do not need to complete this Part.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Right, I got that the part regarding assets is only required if you don't meet the income requirements. What I'm trying to understand is the wording as mentioned on the I-864 regarding "3 times the difference" between household income and the poverty level. It sounds like I might be reading too much into it though.

I know my original post was a bit confusing, apologies for that. I appreciate the replies.

Greg

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The section at the top that you are reading regards line 10 of Section 7, "Total Value of Assets".

Again, Section 7 you can skip since you more than exceed the income.

I believe they only use that calculation at the top that you are reading if you need to use assets to meet the requirement, which you don't need.

If you leave Section 7 blank, they have no need to use that line & calculation that you are worrying about since you won't be filling in Line 10.


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Feb 24 & 25, 2015 - Day 1 & Day 2 of Medical @ SLEC. Immunizations given on Day 2, thankfully

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Now disposing/selling/giving away/shipping to the US stuff from 14 years in the PHL and 4 years together before heading to POE.

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Right, I got that the part regarding assets is only required if you don't meet the income requirements. What I'm trying to understand is the wording as mentioned on the I-864 regarding "3 times the difference" between household income and the poverty level. It sounds like I might be reading too much into it though.

I know my original post was a bit confusing, apologies for that. I appreciate the replies.

Greg

That is the value for calculating assets. It is not mentioned on the form itself anywhere, only in the instructions. See page 7 of the I-864 instructions, #10: Total Value of Assets.

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.

You are not using assets, so none of it applies to you.

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Thanks everyone for the responses, I got it now. I never caught that the wording on the Form 864 stated "the total value of all ASSETS...", I was reading it as income, which was causing my confusion. So it was simply a lack of attention to detail on my part. :blush: I appreciate the help.

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