pay stubs and poverty guidelines (split topic)

[pushbrk 13,706]

On 7/3/2017 at 11:31 PM, 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 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.

There is no question on the I-864 about how much you will make this year.  Current income is current income.  If you your salary is $50k, then that is your current income, no matter when you started the job, got the raise or whatever else "employment related" you can think of.  As stated before, there are also no question about year to date income.

 

For example, if you worked January to September for company X making $40k and they gave you a raise to $50k or you got a new job with a $50k salary, If you're stating your income AFTER the raise or new job, you state your current income as $50k and document it with a pay stub.  Documenting it with an employer letter will still be $50k, as unless you have some rare contract, the employment is "at will", so no guarantee you'll have a job next week.  All they can do is state your salary.  If they don't annualize it on the letter, you do anyway.

[Suss&Camm 2,213]

1 hour ago, pushbrk said:

There is no question on the I-864 about how much you will make this year.  Current income is current income.  If you your salary is $50k, then that is your current income, no matter when you started the job, got the raise or whatever else "employment related" you can think of.  As stated before, there are also no question about year to date income.

 

For example, if you worked January to September for company X making $40k and they gave you a raise to $50k or you got a new job with a $50k salary, If you're stating your income AFTER the raise or new job, you state your current income as $50k and document it with a pay stub.  Documenting it with an employer letter will still be $50k, as unless you have some rare contract, the employment is "at will", so no guarantee you'll have a job next week.  All they can do is state your salary.  If they don't annualize it on the letter, you do anyway.

You need to humble down a bit - I don't need your explanation. I'm capable of understanding, and I'm very well aware of what and how gross income is calculated. I even agree with you that I think this is what IS ASKED for on the form. I'm not debating with your logic - I'm stating fact based in experiences of other VJ members. Take it or leave it, I'm here to offer advice based on how ppl can most easily avoid an rfe, not to debate you.

 

Also - yes of course the employer is at will. As mentioned by a previous poster it is the "entirety" of the circumstances that is considered. When a sponsor is borderline, it helps to be able to establish as much tangible proof as possible. If you have one pay stub - that can easily be obtained by working one month but says nothing about your future ability to support the intending immigrant - something that IS CONSIDERED. This is where a letter IS HELPFUL.

Edited July 5, 2017 by Suss&Camm

[pushbrk 13,706]

On 7/5/2017 at 3:03 PM, Suss&Camm said:

You need to humble down a bit - I don't need your explanation. I'm capable of understanding, and I'm very well aware of what and how gross income is calculated. I even agree with you that I think this is what IS ASKED for on the form. I'm not debating with your logic - I'm stating fact based in experiences of other VJ members. Take it or leave it, I'm here to offer advice based on how ppl can most easily avoid an rfe, not to debate you.

 

Also - yes of course the employer is at will. As mentioned by a previous poster it is the "entirety" of the circumstances that is considered. When a sponsor is borderline, it helps to be able to establish as much tangible proof as possible. If you have one pay stub - that can easily be obtained by working one month but says nothing about your future ability to support the intending immigrant - something that IS CONSIDERED. This is where a letter IS HELPFUL.

In a visa case there is never an actual RFE regarding an affidavit of support, because RFE is something USCIS does.   It would be interesting to know then, what you actually mean by RFE.  NVC sends what often looks like an RFE but isn't.  They're just saying they can't make the determination and it will be up to the Consular Officer.  In my experience, if the requirements have been met and it's reasonable for the Consular officer to make a positive decision regarding public charge, then they will.

Because this is a public discussion, it is not necessarily appropriate to think responses that quote you are directed, in full at you.  While what you wrote, prompted my response, my response is directed to "the reader(s)" of the thread, for THEIR benefit.  It is not a personal discussion between you and me.

 

An earlier poster, clearly had no clue about the current income issue.  Whether other "readers" will benefit from my explanation is something we may or may not ever know and it doesn't matter.  Consular Officers receive fairly consistent training on these issues, but policies of evaluation definitely vary with different IV Units, and tend to change somewhat when a new Unit Chief rotates in.

[pghknr 14]

9 hours ago, pushbrk said:

In a visa case there is never an actual RFE regarding an affidavit of support, because RFE is something USCIS does.   It would be interesting to know then, what you actually mean by RFE.  NVC sends what often looks like an RFE but isn't.  They're just saying they can't make the determination and it will be up to the Consular Officer.  In my experience, if the requirements have been met and it's reasonable for the Consular officer to make a positive decision regarding public charge, then they will.

Because this is a public discussion, it is not necessarily appropriate to think responses that quote you are directed, in full at you.  While what you wrote, prompted my response, my response is directed to "the reader(s)" of the thread, for THEIR benefit.  It is not a personal discussion between you and me.

 

An earlier poster, clearly had no clue about the current income issue.  Whether other "readers" will benefit from my explanation is something we may or may not ever know and it doesn't matter.  Consular Officers receive fairly consistent training on these issues, but policies of evaluation definitely vary with different IV Units, and tend to change somewhat when a new Unit Chief rotates in.

Bottom line is Petitioner Year to date Income should  be above Poverty Line during Interview time ( CO makes the decision ).

Is it correct @pushbrk

[pushbrk 13,706]

NO.  It is not correct.  Not only is it not correct, it is actual nonsense.  There are no questions about year to date income on the affidavit.

[pghknr 14]

15 minutes ago, pushbrk said:

NO.  It is not correct.  Not only is it not correct, it is actual nonsense.  There are no questions about year to date income on the affidavit.

Let us take this Scenario: 

Petitioner Submitted AOS & All Docs to NVC in Jan 2017 with current Pay stub He last Job in Feb 

He Got job in June , Spouse Interview Scheduled this month Last week .What would be the CO decision? 

[pushbrk 13,706]

14 hours ago, larnar1309 said:

Congrats for your interview date!! I wish you all the luck in the world for tomorrow  you must be soooo excited!!

 

I'm also wondering about police clearance.

 

I am at the NVC stage where myself and my husband are ready to submit our AOS and IV packages. We are just waiting on the fees to clear - but I also still haven't received my Japanese police cert back yet. The Japanese cert can take up to 2 months and I managed to apply for it on June 13th so its been almost a month but if I don't need to I don't particularly want to wait an ADDITIONAL month before submitting our AOS and IV packets to the NVC... just seems like it will make the process so much longer especially since I will have no police record!! 

 

I don't want to get a checklist though and since I lived in Japan with my husband for 5 years a lot of our addresses on the ds-260 will be from Japan so I assume they will be expecting to receive it...

 

 

As for you... if they don't ask to see it I assume they wont need to see it but you should take it along in case they do ask. 

 

5 hours ago, pghknr said:

Bottom line is Petitioner Year to date Income should  be above Poverty Line during Interview time ( CO makes the decision ).

Is it correct @pushbrk

 

19 minutes ago, pghknr said:

Let us take this Scenario: 

Petitioner Submitted AOS & All Docs to NVC in Jan 2017 with current Pay stub He last Job in Feb 

He Got job in June , Spouse Interview Scheduled this month Last week .What would be the CO decision? 

Without a current pay stub on interview day, questionable.  With a current pay stub, I would expect a good decision but NOT because of the amount of YTD income. It would be BECAUSE the good income has continued and current evidence has been provided.  One does NOT NOT NOT qualify based on YTD income.  You could have made 159K USD already this year, lost your job last month and have a current income of ZERO.  YTD is NOT the issue.

[pghknr 14]

So I understand, Even Petitioner does not make any Income in Last 3  or Years he should be fine.
Only matters Current Pay stub while applying AOS & During Interview current Paystubs Thanks @pushbrk

[pushbrk 13,706]

So, you have a one track mind???  Totality of circumstances, with current income as the key.

[pghknr 14]

1 hour ago, pushbrk said:

So, you have a one track mind???  Totality of circumstances, with current income as the key.

Yes current Income plays a major role on our cases...Your answers are useful for everyone ..Thanks Pushbrk