Cutting it close for AOS requirement

[Bengoj 133]

Hello. My income requirements is for 4 people including my husband which is $31,375. I traveled soo much in 2018 to be with him and it took from my income because I didn’t get paid for the 4 months I left the country. After doing my taxes for 2018 my wages earned is $34,000.   (Which included rental income. I had to rent out my place for the months I was gone) Im soo worried that they might say that $34,000 is cutting it close. I will also have a letter from my employer to support my claim for TY 2019 plus 2017,2016 TR which shows I made more for those years. Will I be fine???😩 I’m worried that they will say $34,000 is too close to $31,375. I know that they are strict about income. Anyone that has knowledge about this, please advise. Thank you 

[JFH 12,189]

Ultimately it will be the CO at the embassy that makes that decision. Your prior tax filings will have no bearing on that. They are interested in current income avd whether you can support him now. Do you have any savings? It might be wise to line up a joint sponsor, just in case. 

 

Is he of working age? What are his chances of employment when he arrives here? Has he looked into jobs? I had already secured employment here before I went to the interview (I had a conditional offer based on being approved by the embassy and therefore having the required permission to work). I brought the job offer letter with me to the interview. 

[JFH 12,189]

*~*~*moved from “IR-1/CR-1 spouse visa progress reports” to “embassy discussion” - question about embassy’s likelihood of accepting borderline income for I-864*~*~*

[NikLR 13,220]

current income =/= tax return income

 

current income = wage per hour x hours per week x 52 weeks (before taxes.)

or salary 

[Bengoj 133]

1 hour ago, JFH said:

Ultimately it will be the CO at the embassy that makes that decision. Your prior tax filings will have no bearing on that. They are interested in current income avd whether you can support him now. Do you have any savings? It might be wise to line up a joint sponsor, just in case. 

 

Is he of working age? What are his chances of employment when he arrives here? Has he looked into jobs? I had already secured employment here before I went to the interview (I had a conditional offer based on being approved by the embassy and therefore having the required permission to work). I brought the job offer letter with me to the interview. 

He is of working age. He’s owns a farm in his country. He has a degree in agriculture and will be going to school and working when he gets here.  My question is:  will 34,000$ be cutting it close for the income requirements of $31,375?? I am trying to avoid having a joint sponsor. That will be hard to find. Nobody wants to get involved with immigration issues as a joint sponsor and bear those responsibilities. So want to make sure I can do it myself instead of depending on someone for co sponsorship. 

[Bengoj 133]

1 hour ago, JFH said:

Ultimately it will be the CO at the embassy that makes that decision. Your prior tax filings will have no bearing on that. They are interested in current income avd whether you can support him now. Do you have any savings? It might be wise to line up a joint sponsor, just in case. 

 

Is he of working age? What are his chances of employment when he arrives here? Has he looked into jobs? I had already secured employment here before I went to the interview (I had a conditional offer based on being approved by the embassy and therefore having the required permission to work). I brought the job offer letter with me to the interview. 

You were lucky by securing a job. I don’t know what year that was but nowadays not too many employers will hire someone they never met, never personally interviewed, with no SSN, or never been in the country. We have to wait till he gets here for that to happen. That’s besides the question of “ will 34,000$ be too close to the required income that needs to be met?”  

[Oliversmom 250]

What they are trying to tell you is that it is up to the individual CO to make the determination if you make enough to avoid the public charge issue.  And they take in the total circumstances.  That is why the mentioned things like him being able to get a job might help show he won't become a public charge.  I will tell you what I did.  I was cutting it close to and I didn't have a joint sponsor and didn't want to take any chances.  So I took a second job.  It wasn't easy.  But by the time of the interview I had worked two jobs for well over a year and was able to provide tax returns  that showed I was well over 125% of the poverty line.  Now you may be just fine with your income.  No one can tell you for sure.  But if you are worried and you can't get a joint sponsor - just get a second job.  

[Bengoj 133]

7 minutes ago, Oliversmom said:

What they are trying to tell you is that it is up to the individual CO to make the determination if you make enough to avoid the public charge issue.  And they take in the total circumstances.  That is why the mentioned things like him being able to get a job might help show he won't become a public charge.  I will tell you what I did.  I was cutting it close to and I didn't have a joint sponsor and didn't want to take any chances.  So I took a second job.  It wasn't easy.  But by the time of the interview I had worked two jobs for well over a year and was able to provide tax returns  that showed I was well over 125% of the poverty line.  Now you may be just fine with your income.  No one can tell you for sure.  But if you are worried and you can't get a joint sponsor - just get a second job.  

I filed in October 2018 so I’m looking to hopefully get my noa2 by May/June. I have already filed my taxes for 2018 so I guess I can’t prove anymore income for ty2018. My husband has a degree from his country, he plans to work and continue his education. 

[amapru 13]

Joint sponsor already mentioned above. 

 

Second option ive heard is money in your bank account/savings or if you own a house or real estate etc. something that would prove you can liquidate if needed to support your spouse. 

 

Easiest option is money. Whatever difference you think there is between required 125% poverty line and your actual income, times it by 5. You should have that much money in bank. Research that option if you think you can use it. 

[Bengoj 133]

20 minutes ago, amapru said:

Joint sponsor already mentioned above. 

 

Second option ive heard is money in your bank account/savings or if you own a house or real estate etc. something that would prove you can liquidate if needed to support your spouse. 

 

Easiest option is money. Whatever difference you think there is between required 125% poverty line and your actual income, times it by 5. You should have that much money in bank. Research that option if you think you can use it. 

So basically, 34000$ made in ty2018 is not enough even though the required income limit in my case is 31k??

[amapru 13]

10 minutes ago, Gojo said:

So basically, 34000$ made in ty2018 is not enough even though the required income limit in my case is 31k??

34k is definitely over yes but since you’re not feeling confident, you could attach bank statements for last few months as backup since it’s an option that is made available to us and can be used. At least it will be there within your AOS at the time. 

[Oliversmom 250]

There is no one who can tell you if it is enough.  The CO makes the public charge determination  based on the total circumstances.  You very well may be just fine.  But if you are worried get a joint sponsor, have the assets to make up the difference, or get a second job to make a little more money.  Like I said, you may very well be fine.  No one can know for sure.  

[Bengoj 133]

11 minutes ago, Oliversmom said:

There is no one who can tell you if it is enough.  The CO makes the public charge determination  based on the total circumstances.  You very well may be just fine.  But if you are worried get a joint sponsor, have the assets to make up the difference, or get a second job to make a little more money.  Like I said, you may very well be fine.  No one can know for sure.  

Ok. Thank you!  It’s just hard with all my visits to see my husband (4 times) last year and still meeting the income limits without a sponsor. But thanks for all the input. I hope everything will be fine and I’m just stressing for nothing. If anything, they should be able to let me know once I submit my AOS at NVC stage. 

[NikLR 13,220]

2018 doesn't matter. CURRENT INCOME matters.  

[Mrsjackson 300]

NikLR has already said this - it is your current income that they will look at. Provide pay stubs and such. My husband is self employed and so we use the tax number from the prior year. Employees use their current income. 

 

That being said, have any VJer’s ever come across a case where someone was denied when their income was only just above the poverty line?