I-864 form:how does NVC determines sponsor's income

[kirin 0]

Hi everyone! I'm currently filing I-864 as a sponsor to my spouse's IR-1 immigration (he's outside US). I wonder how does NVC determines sponsor's income based on I-864 form? I am solely sponsoring my spouse (as applicant) and my current individual annual income is $63,000. However I just started working last month, therefore what I have for this year's paycheck is below poverty level (~$5,000). Before that I am a student in college with unstable income on my tax transcript. I only had $2600 in 2016, $16,000 in 2015 and none in 2014, all previous income comes from internship.

 

I don't know if my situation will be classified as "income over 125% poverty level". I do not plan to find a co-sponsor because I also have total personal assets of $180,000 (including a house under my name). I'm not sure if I need to include this information in the I-864 Part7, because  I-864 instruction states:

"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 between your total household income and the current Federal Poverty Guidelines"

 

So If NVC determines my annual income to be $63K, I don't need to state any other assets, just need to send my employment letter.

If they think my current income is only $5k (based on the paycheck), I WILL need to provide proof of my assets (a lot more paperwork).

 

I'm sorry that my case is complicated, I would really appreciate your help! Thanks a lot!!!!

(Another follow up question, since I didn't file tax return in 2014, should I enter "2014" and THEN "0" in 19.c. Part6 of I-864? The instruction said "N/A" but only numbers are allowed to enter. Also should I check box 20. Part6 on the I-864? I'm not sure if the question is only referring to the most recent tax year or ANY of the recent 3 tax years. Thank you!!)

 

[RandyW 149]

"how does NVC determines sponsor's income?" - You TELL them how much your income is.

 

Your employer SHOULD be willing to tell you and even draft a letter to state your annual income. You can and should include this letter.

 

The LAW (the INA) is that the Visa Officer will make a determination as to whether the intending immigrant may become a public charge while in the U.S. The I-864 is only ONE piece of evidence in making this determination.

 

It's unclear why you would want to NOT state your assets.

[pushbrk 13,837]

2 hours ago, RandyW said:

"how does NVC determines sponsor's income?" - You TELL them how much your income is.

 

Your employer SHOULD be willing to tell you and even draft a letter to state your annual income. You can and should include this letter.

 

The LAW (the INA) is that the Visa Officer will make a determination as to whether the intending immigrant may become a public charge while in the U.S. The I-864 is only ONE piece of evidence in making this determination.

 

It's unclear why you would want to NOT state your assets.

Correct, you tell then what your current income is.  It is not based on year to date income.  There is no question about year to date income.  If your salary is X then that's what your current income is, even if the job is new.  By the same logic, if you just lost your job, your income would be zero, no matter how much you made year to date.  You can use an employer letter or a current pay stub.  When calculating current income, if you have one income source as an "employee" just take the gross pay for a full pay period times the number of paydays in a year and that's your current income.

 

What you do about 2014 depends on why you didn't file a tax return.  Why didn't you?  If your income was below the filing threshold that year, don't enter anything in that field of the affidavit.  After printing, hand write in the available space, "Not required to file.  Income below threshold."  No other explanation, letter or evidence is needed, as you'll be signing the affidavit under penalty of perjury.

 

 

[kirin 0]

17 hours ago, RandyW said:

"how does NVC determines sponsor's income?" - You TELL them how much your income is.

 

Your employer SHOULD be willing to tell you and even draft a letter to state your annual income. You can and should include this letter.

 

The LAW (the INA) is that the Visa Officer will make a determination as to whether the intending immigrant may become a public charge while in the U.S. The I-864 is only ONE piece of evidence in making this determination.

 

It's unclear why you would want to NOT state your assets.

 Thanks for your response! Yes I can provide an employment paper with my current salary on it. My previous concern was that since I only start this job for 2 months, the actual income I earned this year will not exceed poverty line.

 

In turns of assets, because on the instruction says only state assets if you annual income is below poverty line. That's why I was hesitated because I'm not sure what income level I'll be determined by them. Could you specify a little bit by "I-864 is only one piece of evidence"? What other evidence they might be looking for? Appreciate your response!

[kirin 0]

14 hours ago, pushbrk said:

Correct, you tell then what your current income is.  It is not based on year to date income.  There is no question about year to date income.  If your salary is X then that's what your current income is, even if the job is new.  By the same logic, if you just lost your job, your income would be zero, no matter how much you made year to date.  You can use an employer letter or a current pay stub.  When calculating current income, if you have one income source as an "employee" just take the gross pay for a full pay period times the number of paydays in a year and that's your current income.

 

What you do about 2014 depends on why you didn't file a tax return.  Why didn't you?  If your income was below the filing threshold that year, don't enter anything in that field of the affidavit.  After printing, hand write in the available space, "Not required to file.  Income below threshold."  No other explanation, letter or evidence is needed, as you'll be signing the affidavit under penalty of perjury.

 

 

Thank you! This is very helpful. So even if there's only 3 months left this year and I can still state 63k as my annual income? My company can provide employment paper with annual income AND current pay stub. In this case, I really don't need to provide assets since my income is over required poverty line, correct?

 

I didn't file a tax return in 2014 because I didn't make any income. I have a transcript from IRS which is a verification of non-filing returns. But I guess I still need a written explaination stating that I didn't file because I didn't work.

 

Thank you so much for your help! 

[pushbrk 13,837]

16 minutes ago, kirin said:

Thank you! This is very helpful. So even if there's only 3 months left this year and I can still state 63k as my annual income? My company can provide employment paper with annual income AND current pay stub. In this case, I really don't need to provide assets since my income is over required poverty line, correct?

 

I didn't file a tax return in 2014 because I didn't make any income. I have a transcript from IRS which is a verification of non-filing returns. But I guess I still need a written explaination stating that I didn't file because I didn't work.

 

Thank you so much for your help! 

My reply gave you sufficient instruction on what to hand write on the I-864 and where, to answer your question.  Works every time it is tried.