A 100 dollars under the poverty guideline for filling out i-864

[mauropac10 18]

Hello, Me and my wife are filing for AOS and she just makes a 100 dollars under the poverty guideline with her annual income. With over hours she makes at least 2 k over the poverty guideline for a household of 2. But the over hours are not guaranteed even when she gets at least 6 over hours a week. Since we have savings(around 7k) could we use those as assets to fill up the gap of a 100 dollars? I read that you need 3 times of the amount that you are missing. So that would be 3 x 100 = 300 dollars.

 

thank you!

[John & Rose 7,239]

Do the tax returns exceed the minimum?  I would think a few years of tax returns would do the trick even if the current pay stub doesn't.  What about the year to date on the pay stub?  

[mauropac10 18]

6 minutes ago, John & Rose said:

Do the tax returns exceed the minimum?  I would think a few years of tax returns would do the trick even if the current pay stub doesn't.  What about the year to date on the pay stub?  

The tax returns of 2015 and 2016 are just over the minimum. And right now 3/4 through the year she already reached a income of 19k and we still have 3 months left. But we have around 7k of savings so should i just fill out the part of assets just to make sure? 

[John & Rose 7,239]

Just now, mauropac10 said:

The tax returns of 2015 and 2016 are just over the minimum. And right now 3/4 through the year she already reached a income of 19k and we still have 3 months left. But we have around 7k of savings so should i just fill out the part of assets just to make sure? 

That all looks good to me.  It probably won't hurt to add the savings but you already meet the minimum.  I hope others chime in but in my understanding it looks good.

 

For AOS are you using 125% of minimum or 100%?

[mauropac10 18]

Just now, John & Rose said:

That all looks good to me.  It probably won't hurt to add the savings but you already meet the minimum.  I hope others chime in but in my understanding it looks good.

 

For AOS are you using 125% of minimum or 100%?

125% since she is not in the armed forces

[John & Rose 7,239]

Just now, mauropac10 said:

125% since she is not in the armed forces

I was hoping you would say that!!!  Use the savings and the tax returns.  It looks like you are fine from my eyes.  I haven't gotten that far in our journey so I hope someone who has been through the AOS process will answer too.

[mauropac10 18]

1 minute ago, John & Rose said:

I was hoping you would say that!!!  Use the savings and the tax returns.  It looks like you are fine from my eyes.  I haven't gotten that far in our journey so I hope someone who has been through the AOS process will answer too.

thank you tho!

 

[John & Rose 7,239]

Just now, mauropac10 said:

thank you tho!

 

I wish you the best. 

[geowrian 22,336]

USCIS is usually pretty good on this, and not to be a party-pooper, but those income levels are minimums. If you're under the minimum, you can't proceed. But they will still look at the totality of the circumstances to determine the public charge concern. I'm not trying to worry you, but just making you aware that just the bare minimums doesn't guarantee success.

[mauropac10 18]

3 minutes ago, geowrian said:

USCIS is usually pretty good on this, and not to be a party-pooper, but those income levels are minimums. If you're under the minimum, you can't proceed. But they will still look at the totality of the circumstances to determine the public charge concern. I'm not trying to worry you, but just making you aware that just the bare minimums doesn't guarantee success.

But in the instructions of i-864 it says that you can use assets to fill the gap. So for me it’s 100 dollars 

[geowrian 22,336]

2 minutes ago, mauropac10 said:

But in the instructions of i-864 it says that you can use assets to fill the gap. So for me it’s 100 dollars 

Correct - assets can be considered as well. Again, I'm just saying they look at the totality of the circumstances...not just the bare minimums.

[TamaraN 72]

20 hours ago, John & Rose said:

I was hoping you would say that!!!  Use the savings and the tax returns.  It looks like you are fine from my eyes.  I haven't gotten that far in our journey so I hope someone who has been through the AOS process will answer too.

I second this. Since the tax returns are over the minimum you are find. Add the savings just in case, but she meets the qualifications based on her tax returns.

[poh 125]

23 hours ago, mauropac10 said:

Hello, Me and my wife are filing for AOS and she just makes a 100 dollars under the poverty guideline with her annual income. With over hours she makes at least 2 k over the poverty guideline for a household of 2. But the over hours are not guaranteed even when she gets at least 6 over hours a week. Since we have savings(around 7k) could we use those as assets to fill up the gap of a 100 dollars? I read that you need 3 times of the amount that you are missing. So that would be 3 x 100 = 300 dollars.

 

thank you!

 

 

Edited October 12, 2017 by poh