pay stubs and poverty guidelines (split topic)

[pghknr 14]

@pushbrk Current Paystub should show (Year to date Income  ) above Poverty Line at NVC Stage                          or During  Interview time ?  Please clarify.thks

 

Edited July 3, 2017 by pghknr

[pushbrk 13,706]

1 hour ago, pghknr said:

@pushbrk Current Paystub should show (Year to date Income  ) above Poverty Line at NVC Stage                          or During  Interview time ?  Please clarify.thks

 

Are you making a statement or asking a question?  Anyway, no.  Current income has nothing to do with year to date income being over the poverty line by the time it's sent in.  Current income is the gross per pay period times the number of pay periods in a year.

 

If you lost your job today, your current income is $0.  If you start a new job today making $50k a year, your current income is $50k a year, which can be documented fully with one pay stub showing a full pay period's earnings.  There are no questions about YTD income on the affidavit of support because it's irrelevant.

 

The reason I mentioned year to date income is to illustrate why only one pay stub is needed.  Decades ago, before computers and pay stubs showing YTD income, is when USCIS recommended multiple pay stubs.  It's a decades out of date recommendation.  In the old days six months of pay stubs would show you had the job for six months or more.  Today, the YTD income on ONE pay stub show how much of the year you've had the job.  If it was January or February, it would be good to send the year end pay stub along with the most current one.

Edited July 4, 2017 by pushbrk

[pghknr 14]

2 hours ago, pushbrk said:

Are you making a statement or asking a question?  Anyway, no.  Current income has nothing to do with year to date income being over the poverty line by the time it's sent in.  Current income is the gross per pay period times the number of pay periods in a year.

 

If you lost your job today, your current income is $0.  If you start a new job today making $50k a year, your current income is $50k a year, which can be documented fully with one pay stub showing a full pay period's earnings.  There are no questions about YTD income on the affidavit of support because it's irrelevant.

 

The reason I mentioned year to date income is to illustrate why only one pay stub is needed.  Decades ago, before computers and pay stubs showing YTD income, is when USCIS recommended multiple pay stubs.  It's a decades out of date recommendation.  In the old days six months of pay stubs would show you had the job for six months or more.  Today, the YTD income on ONE pay stub show how much of the year you've had the job.  If it was January or February, it would be good to send the year end pay stub along with the most current one.

4

@pushbrk If I  start a new job from June 1,2017 making $50k a year, my current income is $50k a year,                      which can be documented fully with one pay stub $4200. In July i will send All Docs to NVC .

The supervisor from  NVC will Schedule Interview? this type of case.Average, I would get Interview after 5 months ( May be in Dec 2017) . In Interview, I can show All 7 months paystubs from June to Dec 2017.CO accept this ? What are your thoughts ? Thanks for you time and help  Pushbrk.

 

Edited July 4, 2017 by pghknr

[Suss&Camm 2,213]

Employment letter can document that there are no forseable changes in the current employment or salary. Even with paystubs this can be beneficial for a newly established income.

Also it should be the ANTICIPATED income for the year. Which is the current income only for an already established job. So no, if you start a new job today paying 50k you would not make 50k this year. There have been MANY rfe's for ppl in that specific situation.

Edited July 4, 2017 by Suss&Camm

[pghknr 14]

16 minutes ago, Suss&Camm said:

Employment letter can document that there are no forseable changes in the current employment or salary. Even with paystubs this can be beneficial for a newly established income.

Also it should be the ANTICIPATED income for the year. Which is the current uncome only for an already established job. So no, if you start a new job today paying 50k you would not make 50k this year. There have been MANY rfe's for ppl in that specific situation.

In 7 months I make $29,400..this Amount is not sufficient after filing 2017 taxes as a SINGLE. Adjust Gross Income would be around $24,000 this Amount is below the poverty line for only 3 People...I am correct @Suss&Camm

Edited July 4, 2017 by pghknr

[Suss&Camm 2,213]

13 minutes ago, pghknr said:

In 7 months I make $29,400..this Amount is not sufficient after filing 2017 taxes as a SINGLE. Adjust Gross Income would be around $24,000 this Amount is below the poverty line for only 3 People...I am correct @Suss&Camm

It's not your AGI that you need to compare to the requirement. It is the anticipated total income. Your filing status doesn't matter - but why are you filing single? If you are married you should be filing MFJ, MFS or in some special circumstances HOH.

[pushbrk 13,706]

Send the most recent pay stub for your spouse to carry to the interview.  TO SHOW YOU ARE STILL EMPLOYED.  Only ONE pay stub is needed.  I already explained why the idea of more than one is silly.

[RandyW 149]

When "enough" is NOT ENOUGH - I like to suggest you read this page from the USCIS, based on the INA

 

Public Charge

 

Quote

 

 Inadmissibility based on the public charge ground is determined by the totality of the circumstances. This means that the adjudicating officer must weigh both the positive and negative factors when determining the likelihood that someone might become a public charge. At a minimum, a U.S. Citizenship and Immigration Services (USCIS) officer must consider the following factors when making a public charge determination:

• Age
• Health
• Family status
• Assets
• Resources
• Financial status
• Education and skills

The officer may also consider any affidavit of support filed on behalf of the individual under Section 213A of the INA. Presence or absence of a single factor cannot be the sole criteria for determining inadmissibility as a public charge, (unless that factor is the absence or insufficiency of an affidavit of support when required by the laws and regulations governing a specific immigration benefit, such as certain family-based adjustment of status applications).

 

 

The I-864 is NOT the be-all and end-all that most make it out to be - THE "TOTALITY OF CIRCUMSTANCES" MUST be considered. 

[pushbrk 13,706]

45 minutes ago, RandyW said:

When "enough" is NOT ENOUGH - I like to suggest you read this page from the USCIS, based on the INA

 

Public Charge

 

 

The I-864 is NOT the be-all and end-all that most make it out to be - THE "TOTALITY OF CIRCUMSTANCES" MUST be considered. 

That's correct.  However, you quoted USCIS, who do not directly get involved in visa cases, like they do in Adjustment of Status.  The principles used by Consular Officers are similar but the guidelines are not consistent.  Just how totality of circumstances are considered in visa cases varies based on the policies of each Consular Immigrant Visa Unit.

 

Regardless, simply meeting the minimum requirements on paper is no assurance that the Public Charge issue will be decided in your favor.  It is a somewhat subjective judgment call every time.

 

 

Edited July 4, 2017 by pushbrk

[RandyW 149]

37 minutes ago, pushbrk said:

That's correct.  However, you quoted USCIS, who do not directly get involved in visa cases, like they do in Adjustment of Status.  The principles used by Consular Officers are similar but the guidelines are not consistent.  Just how totality of circumstances are considered in visa cases varies based on the policies of each Consular Immigrant Visa Unit.

 

Regardless, simply meeting the minimum requirements on paper is no assurance that the Public Charge issue will be decided in your favor.  It is a somewhat subjective judgment call every time.

 

 

 . . . and they directly quote the INA, which is binding on both the USCIS AND the Dept of State

 

https://fam.state.gov/fam/09fam/09fam030208.html

[pghknr 14]

8 hours ago, Suss&Camm said:

It's not your AGI that you need to compare to the requirement. It is the anticipated total income. Your filing status doesn't matter - but why are you filing single? If you are married you should be filing MFJ, MFS or in some special circumstances HOH.

 

Poverty Guidelines for I-864

 

Above  Youtube Video he explained AGI.Now am little worried W2 Income or AGI

Yeah, We have to file MFJ ( Then AGI Would be less).

 

[Suss&Camm 2,213]

1 hour ago, pghknr said:

 

Poverty Guidelines for I-864

 

Above  Youtube Video he explained AGI.Now am little worried W2 Income or AGI

Yeah, We have to file MFJ ( Then AGI Would be less).

 

You only use AGI if you are self-employed or if you will file a 1040ez. If you have will file a reg 1040 you will put what you anticipate will be your total income end of 2017, ie what you believe you will put on this year's 1040 line 22 (total income).

I explained this to you already in another thread.

[Ryan H 3,922]

**Posts split into separate thread.**

[pushbrk 13,706]

On 7/4/2017 at 9:52 AM, Suss&Camm said:

You only use AGI if you are self-employed or if you will file a 1040ez. If you have will file a reg 1040 you will put what you anticipate will be your total income end of 2017, ie what you believe you will put on this year's 1040 line 22 (total income).

I explained this to you already in another thread.

Half right.  AGI is used wen filing a 1040EZ, and in many cases it's the same as W2 income.  Self employed still use total income from line 22 as their income when completing the questions asking about tax returns from the PAST.  An hour ago is the past.  When completing the current income section, as an employed person, state your current income from your job as your gross for a full pay period time the number of pay periods you'll have during the full 12 months in the future.  If you also receive child support, AND it is COURT ORDERED, and you can DOCUMENT actually receiving it, you can add that to your employment income when you state current income.  Don't forget to document the court order and receipt of the child support.

 

If self employed, current income DOES come from line 22 of the 1040 most recently filed.  This time of year, that better be the 2016 return.  If you also receive child support add it.  

 

PAYING child support has NO IMPACT on your affidavit of support except as it relates to the number in your household from which the minimum income is derived.

[Suss&Camm 2,213]

1 minute ago, pushbrk said:

Half right.  AGI is used wen filing a 1040EZ, and in many cases it's the same as W2 income.  Self employed still use total income from line 22 as their income when completing the questions asking about tax returns from the PAST.  An hour ago is the past.  When completing the current income section, as an employed person, state your current income from your job as your gross for a full pay period time the number of pay periods you'll have during the full 12 months in the future.  

You can say "half right" if you please but I'm going on actual experiences of rfe's on this. I have seen rfe's for both of these issues, on multiple occasions, i.e. self-employed person using line 22 asked not to (I wasn't talking about the past returns at all, only the current income) and people who's income for a 12 month period would exceed the guideline but were told that they their YTD didn't show that they would meet the requirement come end of the year (since they had switched jobs mid-year, with the new job meeting the requirements and the old not doing so). I used to also give the advice that it's the 12 month gross of the current salary, but as said, a number of rfe's have shown this to be inaccurate.