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Kürbis&Tannenbaum

Question about Poverty Guidelines for Affidavit of Support

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Hello there. This is a question that has probably already been asked 100 of times, but I feel like the posts I found were not exactly our situation, so I wanted to ask for your help with this matter:

 

We are currently preparing to apply for AOS (based on K1 visa). My husband is the US Citizen and also the Sponsor for I-864. He was in College from 2016 to 2018. So, the last 3 years of 1040s (and Tax Return Transcripts) are each around $10k, due to only summer internships. My husband graduated in May 2019 and started his full-time employment 2 months ago for $60k gross.

The 125% Poverty Guideline for 2019 is $21.137 for a household size of 2.

 

We were planning to send my husband’s job offer which states his annual income, as well as the last pay check from his company along with an employment history letter for his employment at this company. This is the closest we could get to a Letter from Employer, as his company does generally not provide ones with official stamp/signature.

Our intent is for this new job to count as enough income to make sure USCIS is not worried that I (the intended immigrant) will become a public charge. Also, we will add a letter explaining that my husband was a student until May 2019, but will now be able to meet the poverty guidelines due to his new job. (Also we will send Tax Return Transcripts)

 

1)    Is this standard practice? We are unsure if USCIS finds the current income or the income of 2018 more important.

2)    We can meet the 5x difference through our combined assets:

-        Bank balance of me (is in €)

-        Bank balance of husband

-        Certificates Deposit of husband

-        Roth IRA of husband

--> Are these allowed as assets (since they seem to be cashable within 1 year) ?

3)   Do we need to get a translation of the German bank balance as proof of assets, or will they not need a translation?

 

Thank you a lot for your help. Hopefully, you don’t get tired of giving advice, since it already helped us so much in our journey. This community is awesome! 

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56 minutes ago, Kürbis&Tannenbaum said:

Hello there. This is a question that has probably already been asked 100 of times, but I feel like the posts I found were not exactly our situation, so I wanted to ask for your help with this matter:

 

We are currently preparing to apply for AOS (based on K1 visa). My husband is the US Citizen and also the Sponsor for I-864. He was in College from 2016 to 2018. So, the last 3 years of 1040s (and Tax Return Transcripts) are each around $10k, due to only summer internships. My husband graduated in May 2019 and started his full-time employment 2 months ago for $60k gross.

The 125% Poverty Guideline for 2019 is $21.137 for a household size of 2.

 

We were planning to send my husband’s job offer which states his annual income, as well as the last pay check from his company along with an employment history letter for his employment at this company. This is the closest we could get to a Letter from Employer, as his company does generally not provide ones with official stamp/signature.

Our intent is for this new job to count as enough income to make sure USCIS is not worried that I (the intended immigrant) will become a public charge. Also, we will add a letter explaining that my husband was a student until May 2019, but will now be able to meet the poverty guidelines due to his new job. (Also we will send Tax Return Transcripts)

 

1)    Is this standard practice? We are unsure if USCIS finds the current income or the income of 2018 more important.

2)    We can meet the 5x difference through our combined assets:

-        Bank balance of me (is in €)

-        Bank balance of husband

-        Certificates Deposit of husband

-        Roth IRA of husband

--> Are these allowed as assets (since they seem to be cashable within 1 year) ?

3)   Do we need to get a translation of the German bank balance as proof of assets, or will they not need a translation?

 

Thank you a lot for your help. Hopefully, you don’t get tired of giving advice, since it already helped us so much in our journey. This community is awesome! 

10,000s of times.  USCIS finds current income the most compelling 


YMMV

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21 minutes ago, payxibka said:

10,000s of times.  USCIS finds current income the most compelling 

Okay, thank you; we read otherwise more often, and people receiving RFEs, because their last year Tax Return did not meet the poverty level. 

 

Would the assets specifically listed in 2) be assets they'd accept, as we would feel safer to include them, as we already have them anyway. 

And do you know if translations for bank statements other than English are required?

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On 9/4/2019 at 1:42 PM, Kürbis&Tannenbaum said:

Okay, thank you; we read otherwise more often, and people receiving RFEs, because their last year Tax Return did not meet the poverty level. 

 

 

But did those posts mention a new job, letter from employer, pay stubs, etc?  As Payxibka noted, the recent income is compelling. Send as many pay stubs as you have to show whatever longevity exists in the new job. The process takes a long time, so IF you were to get an RFE, then you would probably have updated tax transcripts.

 

Edit---make sure that the letter from the employer (or job offer) indicates that it is a permanent or long-term position. Good luck

Edited by Stevephoto
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