Understanding Federal Poverty Guidelines

[Becker 17]

Hi all. We are coming to the stage to submit the affidavit of support for a UK beneficiary under a I130 stand-alone visa. We are looking into the federal poverty guidelines and just needed a bit more clarity on the situation.

 

Where it says people/family in household.... for the applicant being a single person living by themselves, does it mean they must earn $21,775 BEFORE tax do be eligible to sponsor the beneficiary under the I130 application as the petitioner in our case lives alone. (Even though on the usvis.gov website it mentions 2 people in the household and does not mention 1)

 

For a joint sponsor with 1 adult, 2 children in their household, they must earn money $27,450 BEFORE tax to be eligible to be a joint sponsor. It cannot be combined with the earnings of the petitioner in another household? Would you completely leave out the tax return and only attach recent payslips (if so, over how many months would you attach these payslips)

 

 

Getting into a bit more details now. If the latest 2020 tax return showed they earned less but in fact this calendar year they would sufficiently earn enough, what would we attach to prove this? 

 

If we have a joint sponsor, do we still have to submit an affidavit of support from the petitioner if they earn below the threshold? And does the joint sponsor also need to attach a tax return and/or recent payslips, if so, how many payslips would suffice. 

 

 

All information is taken from this website https://www.uscis.gov/i-864p but we have also noticed the information from the HHS website is a lot different https://aspe.hhs.gov/2021-poverty-guidelines

Edited April 11, 2021 by Becker

[Crazy Cat 39,514]

What is a "I-130 stand alone visa"?

1.  The minimum household size for sponsoring a new immigrant is "2"... The sponsor + the new immigrant.  

2.  No, a sponsor/joint sponsor cannot combine income with a person in another household.

3.  Current annual income is NOT determined by tax returns unless the sponsor or joint sponsor is self-employed.  Current annual income is calculated by the current pay period gross income X the number of pay periods in a year.

4.  The petitioner is ALWAYS the primary sponsor, and must submit an I-864 and supporting documents.  That would include the latest tax return or the reason the sponsor was not required to file a tax return.

5.  The I-864p is the correct guideline.

I suggest you read and study the I-864 and instructions.   You have much to learn. Good luck.

Edited April 11, 2021 by Lucky Cat

[Wuozopo 4,285]

2 hours ago, Becker said:

Hi all. We are coming to the stage to submit the affidavit of support for a UK beneficiary under a I130 stand-alone visa. We are looking into the federal poverty guidelines and just needed a bit more clarity on the situation.

 

Where it says people/family in household.... for the applicant being a single person living by themselves, does it mean they must earn $21,775 BEFORE tax do be eligible to sponsor the beneficiary under the I130 application as the petitioner in our case lives alone. (Even though on the usvis.gov website it mentions 2 people in the household and does not mention 1)

Some of your terminology here is confusing.

”under a I130 stand-alone visa”— I-130 is not a visa.

”for the applicant being a single person living by themselves” —The visa applicant is the spouse in the UK and wouldn’t be single if seeking an IR1/CR1 visa.

 

Tip: Add the immigrant to the count of what you are thinking of as the current  household. 

 

Edited April 11, 2021 by Wuozopo

[Becker 17]

4 minutes ago, Wuozopo said:

Some of your terminology here is confusing.

”under a I130 stand-alone visa”— I-130 is not a visa.

”for the applicant being a single person living by themselves” —The visa applicant is the spouse in the UK and wouldn’t be single if seeking an IR1/CR1 visa.

 

 

 

The petitioner is a USC and currently lives alone. That’s why I am confused why the household requirement would say 2. I know it would be 2 when the applicant arrived but does that mean we would include the applicants current income as part of the threshold? Or would that only be the case if they earned income in the US. 

[Crazy Cat 39,514]

1 minute ago, Becker said:

The petitioner is a USC and currently lives alone. That’s why I am confused why the household requirement would say 2. I know it would be 2 when the applicant arrived but does that mean we would include the applicants current income as part of the threshold? Or would that only be the case if they earned income in the US. 

The household size always includes the sponsor AND the new immigrant.....minimum.  

Edited April 11, 2021 by Lucky Cat

[Wuozopo 4,285]

Just now, Becker said:

The petitioner is a USC and currently lives alone. That’s why I am confused why the household requirement would say 2. I know it would be 2 when the applicant arrived but does that mean we would include the applicants current income as part of the threshold? Or would that only be the case if they earned income in the US. 

You the petitioner must show in advance of the immigrant’s arrival, that you earn enough to support the two of you, not just yourself. Thus household of two is your goal.

[Becker 17]

16 minutes ago, Lucky Cat said:

What is a "I-130 stand alone visa"?

1.  The minimum household size for sponsoring a new immigrant is "2"... The sponsor + the new immigrant.  

2.  No, a sponsor/joint sponsor cannot combine income with a person in another household.

3.  Current annual income is NOT determined by tax returns unless the sponsor or joint sponsor is self-employed.  Current annual income is calculated by the current pay period gross income X the number of pay periods in a year.

4.  The petitioner is ALWAYS the primary sponsor, and must submit an I-864 and supporting documents.  That would include the latest tax return or the reason the sponsor was not required to file a tax return.

5.  The I-864p is the correct guideline.

I suggest you read and study the I-864 and instructions.   You have much to learn. Good luck.

Thank you. Just to confirm 

 

if the latest tax return shows less than the threshold, but the current earnings is over. Can we include the tax return as well as recent pay stubs to show the current earnings are above the threshold. If so, how many pay stubs would suffice? 

[Crazy Cat 39,514]

6 minutes ago, Becker said:

Thank you. Just to confirm 

 

if the latest tax return shows less than the threshold, but the current earnings is over. Can we include the tax return as well as recent pay stubs to show the current earnings are above the threshold. If so, how many pay stubs would suffice? 

Tax returns do not indicate CURRENT income.  A tax return indicates past income.  The latest tax return or tax transcript MUST be submitted with the I-864, but it is not part of current annual income calculation. As I stated above, CURRENT annual income is calculated as follows:

CURRENT pay period gross income (from latest pay stub) X number of pay periods (pay stubs) in a year (12 months) = CURRENT annual income.

Edited April 11, 2021 by Lucky Cat

[Becker 17]

3 minutes ago, Lucky Cat said:

Tax returns do not indicate CURRENT income.  A tax return indicates past income.  The latest tax return or tax transcript MUST be submitted with the I-864, but it is not part of current annual income. As I stated above, CURRENT annual income is calculated as follows:

CURRENT pay period gross income (from latest pay stub) X number of pay periods in a year = CURRENT annual income.

Thank you. Are pay stubs enough evidence or would we need to also include proof of funds accepted into a bank account? 

[Crazy Cat 39,514]

One more thing- The minimum annual income guideline is just that....a guideline.  The consulate officer will consider the whole financial picture when making a decision as to whether the sponsor is qualified.

[Wuozopo 4,285]

6 minutes ago, Becker said:

Thank you. Just to confirm 

 

if the latest tax return shows less than the threshold, but the current earnings is over. Can we include the tax return as well as recent pay stubs to show the current earnings are above the threshold. If so, how many pay stubs would suffice? 

READ the instructions https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

First thing on page 8 answers your question about how to prove current earnings are more than the tax return shows. That is optional, but most useful in your case if you have a higher income now.

 

 

[Wuozopo 4,285]

@Becker

 

While reading those detailed instructions https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf , you might be interested in Page 10

Assets of the Intending Immigrant

[Nitas_man 3,100]

2 hours ago, Becker said:

The petitioner is a USC and currently lives alone. That’s why I am confused why the household requirement would say 2. I know it would be 2 when the applicant arrived but does that mean we would include the applicants current income as part of the threshold? Or would that only be the case if they earned income in the US. 

 

For previous year, tax return is required.  For current year, income is demonstrated by paystubs and bank statements - we usually submitted anything that showed ytd income and 6 months or so of bank statements (or) bank statements going back to the beginning of the current year.  I helpfully highlight the deposits for a potentially dim reviewer. 

 

You are correct:  A single person’s household size is 1, in order to sponsor an immigrant they need to demonstrate income to meet poverty guideline for a household size of 2.  

 

A single person with two children’s household size is 3, in order to sponsor an immigrant they need to demonstrate income to meet poverty guideline for household size of 4

 

When it’s close it’s a gray area.  Sometimes they send you back for more or they always accept liquid, accessible assets in lieu of income.

Edited April 11, 2021 by Nitas_man

[Mike E 11,725]

2 hours ago, Becker said:

Thank you. Are pay stubs enough evidence

 

 

possibly.  
 

An employment verification letter that is signed by your employer, is one letter head, names you, your job title, and rate of pay is recommended and can be required. 

2 hours ago, Becker said:

 

or would we need to also include proof of funds accepted into a bank account? 

While you  are not required to use a bank account to receive your pay.  

 

[Becker 17]

1 hour ago, Nitas_man said:

 

For previous year, tax return is required.  For current year, income is demonstrated by paystubs and bank statements - we usually submitted anything that showed ytd income and 6 months or so of bank statements (or) bank statements going back to the beginning of the current year.  I helpfully highlight the deposits for a potentially dim reviewer. 

 

You are correct:  A single person’s household size is 1, in order to sponsor an immigrant they need to demonstrate income to meet poverty guideline for a household size of 2.  

 

A single person with two children’s household size is 3, in order to sponsor an immigrant they need to demonstrate income to meet poverty guideline for household size of 4

 

When it’s close it’s a gray area.  Sometimes they send you back for more or they always accept liquid, accessible assets in lieu of income.

Thank you for clarifying! So whatever the household, you always have to account for one more for the immigrant in question? Does this still apply if they are a joint sponsor and not the petitioner? We are thinking of getting the petitioner’s parent to be a joint sponsor