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benjii

I-864 Questions regarding meeting 125% poverty guideline

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Hi guys,

 

I am currently working on the I-864 form and we're struggling to complete it.

 

My U.S. spouse currently only works part-time because her employer pays for her to go to school full-time. In May/June, after graduation, she goes back to full-time making $15/hour ($31k annually).

 

Her W2 2018 income was only about $13k, because of her part-time status.

The 125% poverty guideline for 2019 is around $21k, right?

Does she has to meet the 125% for every year in the past 3 years?

 

I'm working as well in the U.S. (F1 OPT) making $15 an hour full-time, which is around $31k/year. Can I add my income, too?

 

I see that if the household income doesn't exceed the 125%, she can include her checking and savings balance. Would that just have to add up to the 125% including the $13k from her 2018 W2?

 

 "My total income (adjusted gross income on Internal Revenue Service (IRS) Form 1040EZ) as reported on my Federal income tax returns for the most recent three years was:"

Is that the same amount as in field 1 of her W2's?

 

Regarding "Sponsor's Household Size": We currently live in a house with one roommate. Do we have to include that roommate in the form?

 

 Sorry for all the questions, and thank you guys so much for your help. Completing the files hasn't been too stressful, but this particular one is freaking me out lol 

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13 hours ago, benjii said:

Hi guys,

 

I am currently working on the I-864 form and we're struggling to complete it.

 

My U.S. spouse currently only works part-time because her employer pays for her to go to school full-time. In May/June, after graduation, she goes back to full-time making $15/hour ($31k annually).

For "current income" (i.e. 2019), you should either include only her part-time income (i.e. actual) extrapolated for the year, e.g. if she makes $1 every month part-time, put $12 for the whole year; OR, extrapolate full-time starting in June (e.g. $1/mo for Jan-May + $15/mo for Jun-Dec = $1 x 5 + $15 x 7 = $110) but only if she has a letter supporting this, like she has an offer letter from the employer stating clearly that she will be receiving $X per hour for Y hours per week starting on Z date.  I would go with the former (current actual income only) to make it easier.

 

13 hours ago, benjii said:

Her W2 2018 income was only about $13k, because of her part-time status.

The 125% poverty guideline for 2019 is around $21k, right?

$21,137

13 hours ago, benjii said:

Does she has to meet the 125% for every year in the past 3 years?

No, just the most recent year (technically 2017 until Apr. 15 the tax deadline, but I'd aim for 2018 since we're close, if you can).  Still have to disclose the previous three years, but only the most recent year counts.  

 

13 hours ago, benjii said:

I'm working as well in the U.S. (F1 OPT) making $15 an hour full-time, which is around $31k/year. Can I add my income, too?

Yes, if you meet the following criteria:

1. You're working legally - you'll show proof of your F1 OPT for this.

2. You have a letter from your employer stating that you're earning $X per hour for Y hours per week, for a total of $XY per year, and that this income will continue if you're granted permanent resident status.

 

13 hours ago, benjii said:

I see that if the household income doesn't exceed the 125%, she can include her checking and savings balance. Would that just have to add up to the 125% including the $13k from her 2018 W2?

She can include assets that equal three times the deficit.  So if she made $13k, the guideline is $21k, the deficit is $8k --> $24k in assets required.

 

13 hours ago, benjii said:

 "My total income (adjusted gross income on Internal Revenue Service (IRS) Form 1040EZ) as reported on my Federal income tax returns for the most recent three years was:"

Is that the same amount as in field 1 of her W2's?

Use the number from the tax transcript or tax return (1040).  You'll need one or the other for the application anyway.  IRS tax transcript recommended, but 1040 is fine if you can't get it.

 

13 hours ago, benjii said:

Regarding "Sponsor's Household Size": We currently live in a house with one roommate. Do we have to include that roommate in the form?

No.

13 hours ago, benjii said:

 Sorry for all the questions, and thank you guys so much for your help. Completing the files hasn't been too stressful, but this particular one is freaking me out lol 

 


Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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Posted (edited)

We are in a somewhat similar situation and since, Eckion you seem quite knowledgeable I am wondering if you can answer this.

 

For those of us filing now, does the 2019 Federal Poverty Guidelines for 125% ($21,137) apply to our 2018 tax returns. OR is our 2018 tax returns held accountable to 125% of the 2018 Federal Poverty Guideline which is $20,575?

Edited by Linz&Agyei

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1 hour ago, Linz&Agyei said:

We are in a somewhat similar situation and since, Eckion you seem quite knowledgeable I am wondering if you can answer this.

 

For those of us filing now, does the 2019 Federal Poverty Guidelines for 125% ($21,137) apply to our 2018 tax returns. OR is our 2018 tax returns held accountable to 125% of the 2018 Federal Poverty Guideline which is $20,575?

As far as I understand, the FPGL applies at the time of application. So if you're applying in 2019, the 2019 FPGL applies regardless of whether you use 2018 or 2017 returns. 

 

If you're THAT close to the line though, where the extra $562 will make or break your case, consider using assets or a joint sponsor. One officer may accept it, and the other may not.


Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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44 minutes ago, eckoin said:

As far as I understand, the FPGL applies at the time of application. So if you're applying in 2019, the 2019 FPGL applies regardless of whether you use 2018 or 2017 returns. 

 

 If you're THAT close to the line though, where the extra $562 will make or break your case, consider using assets or a joint sponsor. One officer may accept it, and the other may not.

Thanks so much. I do some side jobs that sometimes I don't include but with them included I am able to reach about the 2019 FPGL.

 

One additional question, does FPGL go by total income or adjusted gross income?

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17 hours ago, eckoin said:

Yes, if you meet the following criteria:

1. You're working legally - you'll show proof of your F1 OPT for this.

2. You have a letter from your employer stating that you're earning $X per hour for Y hours per week, for a total of $XY per year, and that this income will continue if you're granted permanent resident status.

Thank you so much for your detailed response!

 

I do meet these criteria. Is there a specific form I have them fill out, or is a simple word document stating all those things including their signature sufficient? 

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13 hours ago, Linz&Agyei said:

Thanks so much. I do some side jobs that sometimes I don't include but with them included I am able to reach about the 2019 FPGL.

 

One additional question, does FPGL go by total income or adjusted gross income?

I believe total income? Get your tax transcript and find the line they're asking for, it's in the form instructions. That's what you go by--tax transcript (or 1040, but transcript is better). 

 

13 minutes ago, benjii said:

Thank you so much for your detailed response!

 

I do meet these criteria. Is there a specific form I have them fill out, or is a simple word document stating all those things including their signature sufficient? 

Nope! Just make sure your job letter is on your company's letterhead and signed by HR, your manager, or whoever normally signs these letters. 

 

They should include: your name, your current position, your current employment status, your current salary (if not salaried, then hourly rate + hours expected per week = total expected income for the year), and that they will extend your employment pending your permanent status application. Signed, and that's that. Good luck! 


Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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Posted (edited)
15 hours ago, eckoin said:

Nope! Just make sure your job letter is on your company's letterhead and signed by HR, your manager, or whoever normally signs these letters. 

  

They should include: your name, your current position, your current employment status, your current salary (if not salaried, then hourly rate + hours expected per week = total expected income for the year), and that they will extend your employment pending your permanent status application. Signed, and that's that. Good luck! 

 

I have now received a letter stating all of the things from your quoted post. In that case, do I have to fill out I-864EZ since there doesn't seem to be a space to include my (alien relative) income? 

Edited by benjii
grammar error

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Posted (edited)
25 minutes ago, benjii said:

 

I have now received a letter stating all of the things from your quoted post. In that case, do I have to fill out I-864EZ since there doesn't seem to be a space to include my (alien relative) income? 

EZ requires that the petitioners income alone is sufficient. So if you are needing to add yours with hers, she will use 864 and you will complete 864a 

Edited by Lil bear

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18 minutes ago, Lil bear said:

 EZ requires that the petitioners income alone is sufficient. So if you are needing to add yours with hers, she will use 864 and you will complete 864a 

perfect, thank you so much!

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