I-864 Questions (NVC Timeline, Assets, Total Size)

[brevig 28]

I'm preparing to file a CR-1 petition.  My taxes last year was $39k, I have 4 children (claimed 2), and am sponsoring 2 people.  I'm below the requirements.  So I have several questions:

 

- It says I provide the I-864 after NVC.  How long from now would that be?  More specifically, am I safe to file now knowing I won't need to do the I-864 until January once I've filed taxes (if I can't add up enough below).

- They ask for 3 years of taxes, is it going to be an issue that I'm only above the required amount on the most recent year?

- I've read online that I would do a separate I-864 for each person I'm sponsoring and that they are counted separately so I would only be a total of 6.  However, I've also found places saying the other way around making the total 7.

- My house appraises for $12k over what I currently owe

- I purchased land in Cambodia with my fiance (I don't own, can't here) for $17.5k and we have about $4k left on the loan

- My fiance owns about an acre of land free and clear with a house.  I would guess valued around $30k.

- I do pay her a salary as an assistant (and it's income that she would keep, so from what I seen means I can count it), that income would put us over the mark without counting assets, however I put on the K1 that she was a homemaker, so for sure need to be careful not to contradict myself.

- I can save up $1-2k/mo to show money in the bank.

- If I do a sponsor, the easiest is my dad, he already said he would.  He has 3 people, and makes over $4k/mo HOWEVER, just now.  Last few years he works at a non profit where they provide housing and he receives a stipend, but he just turned 62 and SS kicked in (and previously he made $120k/yr so he gets a decent check).  I could ask an Uncle, which I'm SUPER SHY to, but given all the issues I've faced I'm pretty sure one of them would do it, plus they know I'm responsible with finances, just they might worry what if she divorces.

 

Last, for those familiar with my situation, do you think I should just rule out the idea of trying to do a consular emergency filing to speed it up?  My mom has a doctor's note saying I need to return for my mom/kids sake.

 

[pushbrk 12,968]

Please be clear.  You've posted in a spouse visa forum but you speak of a fiancee and a K1 visa.  What is the source of your income and your occupation?  Are you self employed or employed?

 

Don't expect any of the assets you mentioned to be considered.

[SalishSea 17,920]

10 hours ago, brevig said:

I've read online that I would do a separate I-864 for each person I'm sponsoring and that they are counted separately so I would only be a total of 6. 

Are you really sponsoring that many immigrants?

[brevig 28]

1 hour ago, Jorgedig said:

Are you really sponsoring that many immigrants?

I have 4 kids, myself, and then sponsoring 2.  So not a lot of sponsoring, just everything adds up.

[SalishSea 17,920]

1 minute ago, brevig said:

I have 4 kids, myself, and then sponsoring 2.  So not a lot of sponsoring, just everything adds up.

Okay.  The I-864 is just for immigrants you are sponsoring.

[brevig 28]

4 hours ago, pushbrk said:

You've posted in a spouse visa forum but you speak of a fiancee and a K1 visa.

We are getting married this month, so preparing so I can do the spouse visa right away.

 

4 hours ago, pushbrk said:

What is the source of your income and your occupation?

I'm self employed.

 

4 hours ago, pushbrk said:

Don't expect any of the assets you mentioned to be considered.

Thanks.  Yeah, it seemed a bit far fetched to piece all these things together.  So basically then either I have to present the I-864 next year, or get a sponsor this year.  Is my dad able to sponsor me, his income last year was not near enough, but his SS kicked in last month, and now he is able, plus that money is guaranteed.

 

[brevig 28]

2 minutes ago, Jorgedig said:

Okay.  The I-864 is just for immigrants you are sponsoring.

Sorry, what I meant was my entire household size which determines what income level I have to be at.  So wondering if it would be 6 meaning I need roughly $45k, or 7 making it $51k.  Like if I say I'm currently 5, and then I do 1 I-864 for my fiance and it has to be 6, and another for her daughter, which has to be 6, so they aren't added together.  The site I saw said I should add it that way if they aren't already in the US .

[pushbrk 12,968]

20 hours ago, brevig said:

Sorry, what I meant was my entire household size which determines what income level I have to be at.  So wondering if it would be 6 meaning I need roughly $45k, or 7 making it $51k.  Like if I say I'm currently 5, and then I do 1 I-864 for my fiance and it has to be 6, and another for her daughter, which has to be 6, so they aren't added together.  The site I saw said I should add it that way if they aren't already in the US .

It's going to be next year before you submit the I-864.  You can make the household size total 7 by listing the daughter on your wife's I-864.  The daughter will be the intending immigrant already and your wife listed as your wife, so daughter's form will show 7 too.

 

Note that as self employed, your "current income" comes from your latest tax return, so you're income will be what you claim on your next return.  You'll also provide the total income numbers from the previous two years.  Now is the time to start becoming an A-Student of the I-864 instructions and the form itself.

 

Do not expect that simply meeting the bare minimum income requirements will be sufficient.

[brevig 28]

8 hours ago, pushbrk said:

Do not expect that simply meeting the bare minimum income requirements will be sufficient.

Thanks for all the feedback.  So given that I am showing the 2 years before which I don't meet the requirements, plus self employed, should I just do a co-sponsor to be safe?  Also, I'm guessing if I try without a co-sponsor and they don't accept it that I will have a chance to resubmit with a co-sponsor without starting all over, right?

[pushbrk 12,968]

7 hours ago, brevig said:

Thanks for all the feedback.  So given that I am showing the 2 years before which I don't meet the requirements, plus self employed, should I just do a co-sponsor to be safe?  Also, I'm guessing if I try without a co-sponsor and they don't accept it that I will have a chance to resubmit with a co-sponsor without starting all over, right?

I think you mean, "Joint Sponsor".  Depends on how much income you choose to show on your next tax return.

[brevig 28]

1 minute ago, pushbrk said:

Depends on how much income you choose to show on your next tax return

If I show $55k for 2021, $39k for 2020 and $36k for 2019 do you think I'm safe, or is it a bit risky and best to do joint sponsor?

[pushbrk 12,968]

2 minutes ago, brevig said:

If I show $55k for 2021, $39k for 2020 and $36k for 2019 do you think I'm safe, or is it a bit risky and best to do joint sponsor?

You cannot possibly have filed a 2021 tax return yet.  It gets filed in 2022.  I said "next tax return".

[brevig 28]

Just now, pushbrk said:

You cannot possibly have filed a 2021 tax return yet.  It gets filed in 2022.  I said "next tax return".

I mean that's what I anticipate for 2021.  I can control it pretty well as normally I invest a bunch near the end of the year to get my tax rate lower.

[pushbrk 12,968]

1 minute ago, brevig said:

I mean that's what I anticipate for 2021.  I can control it pretty well as normally I invest a bunch near the end of the year to get my tax rate lower.

Sounds like a good plan to me then, but it's going to be a judgment call based on the facts and totality of circumstances at that time.