CR-1 Income requirements

[John & Rose 7,241]

1 minute ago, Luk Dit Mo said:

😮 wow, each co sponsor needs to meet the requirements. I didnt understand it as that, I thought the extra income pushed me over the required amount..

The I-864 is legally enforceable.  Having the government garnish the income of multiple people because of one beneficiary would be very difficult.  One co-sponsor that meets the requirements is the best solution but they do need to realize that they are responsible for 10 years, even if there is a divorce or the petitioner dies.  It is a serious responsibility for them.

 

[JISnJRS 22]

1 minute ago, John & Rose said:

The I-864 is legally enforceable.  Having the government garnish the income of multiple people because of one beneficiary would be very difficult.  One co-sponsor that meets the requirements is the best solution but they do need to realize that they are responsible for 10 years, even if there is a divorce or the petitioner dies.  It is a serious responsibility for them.

 

I understand, I'll have to explain this to them.

[geowrian 22,339]

5 minutes ago, Luk Dit Mo said:

😮 wow, each co sponsor needs to meet the requirements. I didnt understand it as that, I thought the extra income pushed me over the required amount.. I'll check what their numbers are and go from there, whats needed? Amount before or after taxed amount? just curious.

The idea is that the sponsor needs to be be to take care of their own household as well as the person being sponsored. They can't rely on one person putting in x% support and another (1-x)%. Each sponsor is wholly responsible (similar to the idea of joint and several liability - somebody can sue any individual for enforcement even if the contract has multiple parties signing on to it).

[JISnJRS 22]

6 minutes ago, geowrian said:

The idea is that the sponsor needs to be be to take care of their own household as well as the person being sponsored. They can't rely on one person putting in x% support and another (1-x)%. Each sponsor is wholly responsible (similar to the idea of joint and several liability - somebody can sue any individual for enforcement even if the contract has multiple parties signing on to it).

I was doing good finacially, 26K on tax return for 2018, but I lost my my job at the end of Nov. 2018 due to a stoke.. thats why I was looking a co sponsor.

[JISnJRS 22]

On 5/16/2019 at 4:00 PM, Luk Dit Mo said:

I was doing good finacially, 26K on tax return for 2018, but I lost my my job at the end of Nov. 2018 due to a stoke.. thats why I was looking a co sponsor.

Hopefully, I can use the tax return filed this year for the 2018 income, If married before 2019's end. I heard several things about how many tax returns are needed... 1 or 3? not quite sure.

[JISnJRS 22]

I found this..  I-864, Affidavit of Support Under Section 213A of the INA

 

Filing Checklist

Did you provide the following?

For ALL sponsors: 

• A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099, Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify. 

[JISnJRS 22]

I asked this question to RapidVisa: 

 

On 05/19/2019, Sunday you sent the following message:  Just out of curiosity for the I 864 requirements, I know the income level must be at, How many tax returns need to be produced during the NVC stage? Same thing if I need a "co-sponsor"?

 

Their answer:

 

 Hi Jon, 

3 years of tax returns/transcripts. The same

3 years if you are having a Joint Sponsor.

Let us know if you have any questions.

 

==============================================

 

Going forward, I found my last 3 years of tax returns. On the average (for 3 years) my poverty level is at $23, 723. Will that be fine by myself, or should i get a co sponsor as a back-up just in case?

 

Any help would be deeply appreciated!

 

Thanks, J

 

[NikLR 13,234]

Current income = $$/hr x hrs/wk x wks/yr (generally 52 if you get paid vacation)

You are $138 short  before taxes and have no assets?  Then yes you need a joint sponsor. 

[JISnJRS 22]

1 hour ago, NikLR said:

Current income = $$/hr x hrs/wk x wks/yr (generally 52 if you get paid vacation)

You are $138 short  before taxes and have no assets?  Then yes you need a joint sponsor. 

then why do they need 3 years worth of tax returns? Tax return for 2019 was for $26k, what do they consider assets?

[JISnJRS 22]

17 minutes ago, Luk Dit Mo said:

then why do they need 3 years worth of tax returns? Tax return for 2019 was for $26k, what do they consider assets?

I stand corrected income was $28,000, and Im told if I need a co-sponsor they're income is at 100%, not 125% like mine.

[NikLR 13,234]

38 minutes ago, Luk Dit Mo said:

then why do they need 3 years worth of tax returns? Tax return for 2019 was for $26k, what do they consider assets?

They need to make sure you're also filing your taxes.  You haven't done a tax return for 2019 because the year is not over yet.  The most recent tax return will have been 2018.  past taxes and income =/= current income.   Google assets and figure out what they are.  Money in the bank for instance is assets. Study the I-864 instructions!!!! 

 

In the IR1/CR1 we do not use co-sponsors.  That is directly for the I-134 which is a non-legally binding contract.  With the IR1/CR1 or with an adjustment of status, we use the I-864 which is a legally binding contract between the sponsor and the US government. 

20 minutes ago, Luk Dit Mo said:

I stand corrected income was $28,000, and Im told if I need a co-sponsor they're income is at 100%, not 125% like mine.

Who told you? 

[JISnJRS 22]

2 hours ago, NikLR said:

Who told you? 

Rapid Visa: 

The minimum income requirement for a household of two is $21,137 each year for the last three years.  If any of your years fall short of this, you would need to get a joint sponsor.

 

 A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you. The joint sponsor must reach the 100% income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement.

[John & Rose 7,241]

4 hours ago, Luk Dit Mo said:

then why do they need 3 years worth of tax returns? Tax return for 2019 was for $26k, what do they consider assets?

They don't.  That is not required.  NVC requires the LATEST tax transcript but mentions that you CAN include two previous years if you feel it will help your case.  RV simply doesn't know what they are doing but they make a lot of money.  $26k meets the requirement for 2 and is just short of 3.  

 

[John & Rose 7,241]

1 hour ago, Luk Dit Mo said:

Rapid Visa: 

The minimum income requirement for a household of two is $21,137 each year for the last three years.  If any of your years fall short of this, you would need to get a joint sponsor.

 

 A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you. The joint sponsor must reach the 100% income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement.

Like I said, RV doesn't have a clue.  Logically, how does your income from 3 years ago prove to anyone that you can support someone this year?  You can do what they say or you can follow the guidelines stated on the official government site.  Keep in mind, they are the same people who told me I didn't have to disclose a 30 year old arrest that was dropped and expunged.  I don't trust them and I never will.  They can hurt you more than they help you.

 

The fact that they talk about the 100% requirement for a CR-1 already lets you know that are full of it.  The joint sponsor must meet the 125% of the requirement.  They are already setting people up to fail.  I wonder if that is part of their marketing???? Hmmmm

 

Edited May 20, 2019 by John & Rose

[John & Rose 7,241]

4 hours ago, Luk Dit Mo said:

then why do they need 3 years worth of tax returns? Tax return for 2019 was for $26k, what do they consider assets?

I would just use the 2018 tax transcript (filed in 2019) and be done with it.  You exceed the minimum.  The final decision is still with the CO but the $26k seems like the best shot at approval without a co-sponsor.