K1 Visa Affidavit of Support Income Requirements

[Avila14 0]

Hello everyone

I have just received our NOA 2 (K1 petition approved)  and are getting prepared for when the time comes to head to Cuidad Juarez, Mexico for my fiancee's interview. I seem to have a decent grasp on most of the things that are needed however, I need some clarification as to how the Consulate determines income eligibility. 

I currently reside in a family home with 8 people (including myself) which puts me BELOW the poverty guidelines (based on 2019 Poverty Guidelines). Please keep in mind, when i say household, i am talking about a physical home that 7 people (family) reside together. I do not care financially for all 7 people (only my two grandparents) My job pays very well, I do not have to pay rent, or in any sort of debt, i have enough money saved in my bank and i know I can provide for my fiancee.

It is not very clear as to how USCIS determines whether or not I meet the poverty guidelines for caring for my fiancee given that I KNOW, i can take care of my fiancee 

Has anyone every had a similar situation? Did you meet the income requirements having a large "household"/family that lives together?  

Thank you !!! 

*p.s

This is the Poverty Guideline I am referring to 
https://aspe.hhs.gov/poverty-guidelines 
Also anything else I should know about Cuidad Juarez? Did they ask for anything in particular from you guys? 
 

[Greenbaum 12,258]

To calculate total family income, the incomes of all related family members that live together are added up to determine poverty status. If an individual or group of individuals (such as housemates) are not living with family members, their own individual income is compared with their individual poverty threshold.

 

Thus, all family members have the same poverty status, and some families may be composed of single unrelated individuals.

 

If total family income:

Is less than the poverty threshold for that family -  that family and everyone in it is considered to be in poverty.

Equals or is greater than the poverty threshold -  the family is not considered to be in poverty.

 

Example

 

Situation

Family A has 5 members: 2 children, 1 mother, 1 father, and 1 great-aunt.

Step 1: Determine the family’s poverty threshold for that year

The family’s 2017 poverty threshold (below) was $29,986.

 

Step 2: Calculate the total family income for the same year

Suppose the members’ incomes in 2017 were:

Child 1: $0

Child 2: $0

Mother: $11,000

Father: $10,000

Great-aunt: $10,000

 

Thus, Family A’s total income for 2017 was $31,000.

 

Step 3: Compare the family’s total income with the poverty threshold

 

The total family income divided by the poverty threshold is called the Ratio of Income to Poverty.

Income / Threshold = $31,000 / $29,986 = 1.03

 

The difference in dollars between family income and the family’s poverty threshold is called the Income Deficit (for families in poverty) or Income Surplus (for families above poverty).

 

Income – Threshold = $31,000 - $29,986 = $1,014

 

Conclusion

Since Family A’s total income was greater than their poverty threshold, they are considered not “in poverty” according to the official definition.

 

From <https://www.census.gov/topics/income-poverty/poverty/guidance/poverty-measures.html>

 

Any questions you may have concerning specifically the embassy their in Mexico should be asked in the sub-forum for that area where you will have the experience of others to help you. https://www.visajourney.com/forums/forum/96-mexico-latin-south-america/

[EM_Vandaveer 2,368]

I think the above is for STATISTICAL purposes, NOT IMMIGRATION PURPOSES.

AFAIK, for immigration household size what matters is people you put on your taxes as dependents and your spouse as well as yourself. (As well of any other immigrants you filed an I-864 for who became GC holders but I'm assuming that does not apply to you.) So if you claim your two grandparents as dependents then count a household of 4. If you don't claim them then only a household of two.

Edited February 14, 2019 by EM_Vandaveer

[beloved_dingo 1,932]

14 minutes ago, Avila14 said:

Hello everyone

I have just received our NOA 2 (K1 petition approved)  and are getting prepared for when the time comes to head to Cuidad Juarez, Mexico for my fiancee's interview. I seem to have a decent grasp on most of the things that are needed however, I need some clarification as to how the Consulate determines income eligibility. 

I currently reside in a family home with 8 people (including myself) which puts me BELOW the poverty guidelines (based on 2019 Poverty Guidelines). Please keep in mind, when i say household, i am talking about a physical home that 7 people (family) reside together. I do not care financially for all 7 people (only my two grandparents) My job pays very well, I do not have to pay rent, or in any sort of debt, i have enough money saved in my bank and i know I can provide for my fiancee.

It is not very clear as to how USCIS determines whether or not I meet the poverty guidelines for caring for my fiancee given that I KNOW, i can take care of my fiancee 

Has anyone every had a similar situation? Did you meet the income requirements having a large "household"/family that lives together?  

Thank you !!! 

*p.s

This is the Poverty Guideline I am referring to 
https://aspe.hhs.gov/poverty-guidelines 
Also anything else I should know about Cuidad Juarez? Did they ask for anything in particular from you guys? 
 

You do NOT have to include every person physically residing in the same residence as you on the Affidavit of Support. 

 

The instructions for form I-134 are pretty vague, so the best rule of thumb is to apply the same rules/guidelines that are used for the I-864 (the legally binding Affidavit of Support used for Adjustment of Status). 

 

Household size is determined as follows:

 

When calculating their household size, sponsors must include:

- You, the sponsor

- Your fiance, the beneficiary

- Any unmarried children under 21 (unless these children have reached majority under the law of their place of domicile),

- Anyone else claimed as a dependent on the sponsor's tax return,

- Any derivative applicants who plan to immigrate within six months, and

- Any other people in the United States whom the sponsor is supporting on a different Form I-864.

Edited February 14, 2019 by beloved_dingo

[Avila14 0]

Thank you everyone who answered! It has put my mind at ease

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.

[Usaph 18]

If my annual income is well over the limit for my household size, then I can just leave questions 4 through 9 blank?

https://aspe.hhs.gov/poverty-guidelines

 

Or do I put N/A?

 

Or is it best to furnish the information? I'd rather just go off of my income then need to include additional paperwork.