Is my income enough?

[LarryDay 5]

Greetings!  We are at the NVC stage of my wife's case and I'm preparing my financial documents.  I didn't have any income for several years, but started work last September and have since surpassed the 110% poverty level.  2018 taxes only show $13000 and 2019 YTD earning total about $14000. 

 

I've read many times that current income is most important, but in your opinion, will I surely need a joint sponsor?  Thanks.

 

 

[Crazy Cat 39,249]

110% of the poverty level is irrelevant for an I-864.  I would find a good, qualified joint sponsor.......even then, the Consulate Officer has discretion regarding a new immigrant becoming a public charge....

Edited May 11, 2019 by missileman

[Eugenia2017 28]

The minimum required for household size 2 for 2019 is $ 21.137

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/step-4-collect-financial-documents.html

[LarryDay 5]

1 hour ago, Eugenia2017 said:

The minimum required for household size 2 for 2019 is $ 21.137

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/step-4-collect-financial-documents.html

Thanks for your replies.   

 

We are 3, including our daughter who is already USC.  I think the minimum is 24k for us.

 

I have earned more than that in the past 7 months, but its spread out over two different tax years.  I know the C.O. has discretion over the approval, but I wonder if we have any chance at all with my income.

 

I would really like to avoid having a joint sponsor.  

 

 

[Lil bear 3,831]

4 minutes ago, LarryDay said:

Thanks for your replies.   

 

We are 3, including our daughter who is already USC.  I think the minimum is 24k for us.

 

I have earned more than that in the past 7 months, but its spread out over two different tax years.  I know the C.O. has discretion over the approval, but I wonder if we have any chance at all with my income.

 

I would really like to avoid having a joint sponsor.  

 

 

Yes you have a chance. The current full years income ,  estimated at your current rate of pay, is the first marker.  So multiply your hourly rate by the number of hours you work each week then multiply by 52 .. that’s your estimated current  years income. If that is more than $21137 then you pass that hurdle. The final decision though is made by the CO who assesses the risk of the immigrant becoming a public charge. If you get an RFE then you get a joint sponsor .. it adds a few weeks to the process .. or you line up a joint sponsor now and submit their I864 and documents along with your I864 and documents. Then the CO at the interview will decide.

[LarryDay 5]

1 hour ago, Lil bear said:

Yes you have a chance. The current full years income ,  estimated at your current rate of pay, is the first marker.  So multiply your hourly rate by the number of hours you work each week then multiply by 52 .. that’s your estimated current  years income. If that is more than $21137 then you pass that hurdle. The final decision though is made by the CO who assesses the risk of the immigrant becoming a public charge. If you get an RFE then you get a joint sponsor .. it adds a few weeks to the process .. or you line up a joint sponsor now and submit their I864 and documents along with your I864 and documents. Then the CO at the interview will decide.

Thanks for the reply.  So if we are denied her visa at the interview due to public charge risk, we can just submit an 864A and joint sponsor online or via mail and they will then decide? Or is another interview required?

[Lil bear 3,831]

9 minutes ago, LarryDay said:

Thanks for the reply.  So if we are denied her visa at the interview due to public charge risk, we can just submit an 864A and joint sponsor online or via mail and they will then decide? Or is another interview required?

Correct .. except that the joint sponsor completes their own I864.  

864a is used by a household member if needed. Joint sponsor completes the 864 

You may get the RFE at the NVC stage. But the CO at the interview makes the final decision 

Edited May 12, 2019 by Lil bear

[Eugenia2017 28]

If your daughter is on your income tax your family size is 3 and the minimum required is $26.662 K 125%. for 2019. 

 

[NikLR 13,220]

17 hours ago, Eugenia2017 said:

If your daughter is on your income tax your family size is 3 and the minimum required is $26.662 K 125%. for 2019.

Doesn't matter if the child is on the tax return.  A USC MUST count ANY child regardless of financial responsibility and living location. 

 

[NikLR 13,220]

On 5/11/2019 at 8:24 PM, LarryDay said:

Thanks for the reply.  So if we are denied her visa at the interview due to public charge risk, we can just submit an 864A and joint sponsor online or via mail and they will then decide? Or is another interview required?

If you can have a joint sponsor lined up before interview send thr joint sponsor I-864 with the beneficiary spouse to be used only if needed.  If not a 221g will be issued and you will have some time to send it. 

[John & Rose 7,237]

[Eugenia2017 28]

1 hour ago, NikLR said:

Doesn't matter if the child is on the tax return.  A USC MUST count ANY child regardless of financial responsibility and living location. 

 

It is part of the instructions. Take into account what applies in the case.

 

4. How Do I Count Household Size?
Your household size includes yourself and the following individuals, no matter where they live:
A. Any spouse;
B. Any dependent children under 21 years of age;
C. Any other dependents listed on your most recent Federal income tax return;
D. The person being sponsored in this affidavit of support; and
E. Any immigrants previously sponsored with a Form I-864 or Form I-864EZ affidavit of support whom you are still
obligated to support.

Edited May 13, 2019 by Eugenia2017

[NikLR 13,220]

Children fall under B. The instructions further go on to say to count ALL children.  

Item Number 4 in the following screenshot. 

 

[pushbrk 12,113]

Sponsors count all unmarried children under 21 regardless of where they live, regardless of whose tax return they appear on or not.

 

For the OP, I concur that having a joint sponsor's affidavit and supporting documents ready is a good idea.  I agree with how "current income" is calculated as already mentioned.  It does NOT come from a tax return.  It is NOT how much you've made in ANY past period or YTD.  It is your gross pay for a full pay period, times the number of pay periods in a full year.  

 

If you made a hundred thousand last year and lost your job last week, your current income is ZERO.  If you took a new job last week at $50,000 a year, your current income is $50,000.  STILL the Consular Officer is going to consider the totality of circumstances in making the public charge decision.

Edited May 14, 2019 by pushbrk