matteo66062
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Posts posted by matteo66062
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My apologies if my details were vague to begin with. But to clarify a bit more, my current YTD earnings are NOT $7998. Conversely, I have earned $11,897.45. As I am a salaried, fulltime hire, my check stubs clearly indicate that I get consistent monthly check of $2,666.67. Moreover, my employer can corroborate that I am going nowhere anytime soon, and will continue to work throughout the year. While technically that does indicate the potential (future) work to be done, in a practical sense, it does demonstrate to the USCIS that I have a STEADY income flow coming in each month that puts me well above the poverty threshold.
The law regarding exactly how to prove income is vague. While it does state that the Federal tax returns and W2s have to be submitted, it does not DEFINITIVELY say that financial stability is SOLELY determined by W2s/Tax return alone. Following this line of reasoning, taken as a whole, wouldn't any logical reviewer of my case see that my status as a fulltime, salaried, employee is generating (though not fully generated) income that in a matter of months will far surpass the poverty guidelines threshold?
Any opinions? By my logic, it seems that I have a relatively strong case as far capacity to financially provide goes.
Important note:
I forgot to mention that for part of 2012 I was on a fellowship grant, which came to the amount of $12,500. This $12,500, is NOT on a W2, it is on a 1099---so I'm not sure if it's counted as qualifying income....
Nevertheless, when I factor this $12,500 in with my current YTD earnings, my total income for the 2012 year comes to $24,497.45. I'm not sure if this helps my case any more or less.....but I'm truly hoping it does.
In regards to 1099, this is taken from the http://travel.state.gov/visa/immigrants/info/info_3183.html page:
Sponsors receiving housing and other benefits in place of salary may count those benefits as income. The sponsor may count both taxable and non-taxable income (such as housing allowance). The sponsor must prove the nature and amount of non-taxable income. Evidence of such income can be a W-2 Form (such as Box 13 for military allowances), Form 1099 or other evidence.
According to this, the 1099 should count.
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Short term or seasonal of course wouldn't count. Full time does.
Proof of current income is a requirement per the I-864 page here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b70f8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
Please read the instructions. Outside of the return they also suggest letter from employer and pay stubs as further proof of quality. Again, current income matters, not just the tax return. Current income is proved by way of an employer letter and pay stubs. The OP should be fine with what they have.
I'm not misleading anyone. I'm providing factual information based not only on my own experience, but also the years of being a member here and seeing others situations and guiding them.
You are correct, current income does count. But at 32,000 a year being on the job for three months, do the math, the current income is only 7998 and is WELL short. That is the total current income! Not 32,000 as it has not happened yet. Even though the yearly income is 32,000, still the current income is 7998! How can you count money you haven't made yet? You can't as that is FUTURE income!If the person was making 120,000 a year and been on the job for three months, sure, they have 3 months of income surpassing the requirement. I just don't see how 7998 dollars earned so far is going to qualify you.
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Responses in red above.
The OP should be fine with their current income as they've work there at least 3 months
Actually, your comment on the job commenced is completely false. If the job was probationary before going full time, or under a short term contract or seasonal it wouldn't matter. They wouldn't count it!
THE NUMBER ONE REASON ACCORDING TO THE US STATE DEPARTMENT FOR DENIAL IS LACK OF FINANCIAL SUPPORT!! If it were so easy as to get a letter from an employer and having a check stub to qualify, then why are so many people denied? Why would the 864 even be there? The law is there for a reason, and that is VERY LITTLE PROOF of support the OP has!
If you want to mislead people, be my guest!
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Since I began working in September, my 2012 Tax returns will only show partial wages, which comes to around $12,000. However, I am employed full-time and my annual income in $32,000. I have an employer's letter to verify this. Is this good enough? I can't get a co-sponsor, so I'm on my own with this.
Unless you have other assets that can be converted to cash, I believe under the law, this could pose a problem as they use primarily the W2 for the proof.Future income is not counted. You can submit letters from your employer stating the info with current pay stubs as you have said and see what the response is. The USCIS would notify you if they needed more proof. Then, if they felt the need, they would would give you new requirements, like more documentation, signing a different form or requirement of a co sponsor, which you said wouldn't happen. If you don't reply with the info requested by the deadline, your case would be denied on grounds of lack of financial support. Have you tried emailing USCIS with that info?
Unless any other VJ'ers have personal experience with this, just looking quickly at the law, I would say it wouldn't qualify you to meet the requirements . You said you can't get a co sponsor but I don't know if you are aware that a co sponsor can be ANYONE who is a USC. Friend, neighbor,whatever....as long as they are a USC and make over the threshold.
Here's some other info. The job you have now is new, and technically could be counted still as an offer since the income is not yet earned. There are a few other things they look at in addition to income:
Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support?
No, the law does not recognize offers of employment in place of the I-864.
A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement.
Is a sufficient I-864 the only consideration for meeting any public charge issues at the time of the visa interview?
No, consular officers also look at other public charge factors affecting the financial situation of the sponsor and the applicant. Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. Consular officers will verify to the extent possible that applicants have adequate financial support to prevent them becoming a public charge.
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By law, you need only the most previous years COMPLETE tax return. IT IS OK IF IT IS A COPY! If you make enough to support you, your spouse and any other family members claimed on your taxes, then you absolutely do not need to worry. I am a missionary and made 2,000 USD on mt tax return. I only showed one year, as required by the petitioner (even if you don't meet the minimum income) and also my co sponsors W2 only from only the previous year. So you will be fine submitting 2012 ONLY IF YOUR 2012 TAX RETURN SHOWS YOU MADE OVER THE THRESHOLD. Remember, 864 requires proof of money you have earned, not money that you are planning toearn. If it shows less than that, you will need a co sponsor or further proof from the previous years. From the Dept of State website:
What income documentation is required?
The sponsor is required to submit an IRS transcript or photocopy of only the most recent Federal income tax return with the I-864.
Furthermore, if you meet the requirements without any sponsors or special criteria, you can file the 864EZ short form. Found in the link below! Hope this helps!
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Hi Folks,
First off, this is an insanely helpful forum, so thanks in advance for all the helpful advice.
I recently got my first job in September, and I make $32,000 per year. For form I-864 I am thinking about submitting ONLY my 2012 Federal Tax return, in conjunction with a letter from my employer stating my annual salary/check stubs. I was a college student during 2011, 2010, and 2009, and for each of those years my income was approx. $1000. As such, I don' think they'll be too helpful in my case.
So my question is, considering that I make well over the poverty threshold, and have adequate evidence to back this claim, is it okay if I ONLY attach the 2012 federal tax return (and employment verification letter/check stubs) with my AOS? Or should I include the previous three years' federal tax returns as well, even though they won't add much to my application?
By law, you need only the most previous years COMPLETE tax return. IT IS OK IF IT IS A COPY! If you make enough to support you, your spouse and any other family members claimed on your taxes, then you absolutely do not need to worry. I am a missionary and made 2,000 USD on mt tax return. I only showed one year, as required by the petitioner (even if you don't meet the minimum income) and also my co sponsors W2 only from only the previous year. So by all means you will be fine submitting 2012 ONLY IF YOUR 2012 TAX RETURN SHOWS YOU MADE OVER THE THRESHOLD. If it shows less than that, you will need a co sponsor or further proof from the previous years. From the Dept of State website:
What income documentation is required?
The sponsor is required to submit an IRS transcript or photocopy of only the most recent Federal income tax return with the I-864.
Furthermore, if you meet the requirements without any sponsors or special criteria, you can file the 864EZ short form. Found in the link below! Hope this helps!
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For the best advice, go right to the source. Email the US Embassy Manila directly and ask them.
IVManilaReplies@state.gov
Just to warn you it does take up to 10 business days for them to respond, but they WILL get back to you.
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We are finally at the last stage of CR1 visa. My wife is scheduled to interview at the US embassy in Seoul. I hear some rumors(?) that they are more likely to reject you if you don't come with your spouse. Do I need to fly to Korea just for the interview ?? Our case is very solid and I can't see how they will reject just because the spouse is not present ??
Yes, it is helpful to be there with your spouse as well as extremely comforting for them.And yes, I am sure it does look good. I actually reside in the Philippines so I was able to attend the 2 minute interview with my wife very easily. However, I fully understand that some people just can't be at the interview. If you can't attend, I WOULD NOT WORRY ABOUT IT AT ALL!!!! It is definitely NOT required. Especially if you have a solid case. Don't believe the rumors. I too had the same question and found no where on here that someone was denied for their spouse not attending. If someone did claim that, I would seriously suspect they had other issues pending. The #1 cause of denial of a CR-1 IR-1 visa according to the Department of State is failure to comply with the Affidavit of Financial Support (form 864). As well, it's not listed on any official US Government website that the spouse need to be there. Find globehoppermama on here as they are currently going through the process in Seoul as well. So if you can't go, relax, then let me know that you got approved!
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Thank you to all who gave their infos you guys are the best!!!!!!!1 God bless
I am an American Citizen living in the Philippines for almost two years.
If you haven't filed already, here is some info from my recent experience. Manila is VERY STRICT when it comes to DCF. I called them on the phone and sent emails before I drove from Tanay, Rizal to USEM for the walk in, to find out what I needed. I had everything they asked and then some and they still asked for more. The US Citizen spouse needs the ACR I-card showing residency status. BRING ANYTHING AND EVERYTHING with the USC's Filipino address......bills, letters, LTO License,letters from abroad addressed to the USC here in the Philippines. The decision to accept I-130 is at the sole discretion of the embassy. I did get it filed that day and 2 months 14 days later my wife got her CR-1 visa, so it can be VERY VERY fast. PM me if you have any questions as there are many shortcuts I learned in the DCF Manila process.
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jut called us embassy for the same inquiry they said disregard it since that is for non immigrant visa only..
Great! Thanks for that, I too have try to call IV MAnila, but I think the phone is in a closet somewhere where it's only answered oncea day! It's taken me hours to get an answer at the two extensions when I called before regarding other things.
Thanks for your reply and info!
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I am sorry but this is the correct link for your wife to set her an interview date.
Got the interview date, November 14. Is that when we pay the 230 USD visa processing fee? Also, it said on Appointment Confirmation Letter to bring CEAC confirmation. Researching that, it appears that is for non immigrants only. Any help there?
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For spousal visa cases, all fees related to the visa itself will have been paid to the NVC.
Our case never went to the NVC, it stayed in Manila the entire time since we did DCF. We paid the 420 USD (VISA DEBIT CARD) for the 130, but haven't paid anything since. From what I understand there is no AOS $88 USD fee when filing abroad, however, do we pay the 230 USD processing fee at the interview or do I need to pay that before the interview date? We already have interview date of November 14.
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First off, we did DCF in Manila on August 29th. Our file stayed in Manila and never went anywhere but here, and very fast to process. It did not go to the NVC. It went from USCIS in Manila, US Embassy, right io the Immigrant Visa Section in Manila, US Embassy. After completing the online appointment for my wife, one of the documents it says to bring is the CEAC Confirmation Letter. I have researched this on VJ and I know that this is DS-160, the Consular Electronic Application Center confirmation. However, it appears to be for non immigrant visa only. My wife is applying for CR1 immigrant visa. Just want to clarify if this is needed or not for the CR1 interview. I have seen some people say on VJ say it is NOT needed for CR1. Any info on this will be helpful.
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Hi,
The way GlobeHopperMama explained it was the way I started out, but I was then told differently. I planned on having both prepared just in case. After looking at the forms closely, the way GlobeHopper said seems correct. Same household address = i-864A for co-sponsor.
But my household member will not sign the AOS, so i'm left with the i-864 option regardless. Even if i'm able to show that the co-sponsor would not be liable for medical bills to the immigrant, but im not giving up yet. I want to travel with my wife, not go to US and then send for her later.
Im glad to hear about ilovedo's response about having a scanned copy instead of a fresh ink copy. I'm willing to try that.
Thanks Kindly for everyone in VJ,
MHiko
Yes I was told many different things as well, but GlobeHopperMama's explanation was great! I too have both filled out (864, 864a just in case) but I will will present 864 in the interview and plan on going with that in light of GHM's clear answer. My sister signed both 864 and 864a, as well as an additional blank copy for each as I understand it MUST be original signature. My church pastor is delivering everything when he arrives for a visit here in the Phil on Saturday.
Yeah that's good news that ilovedo was able to do that with a scanned copy. Wonder if that's a new rule or the Embassy was in a good mood that day.
I agree on the travel with your wife part. It would be difficult to try and explain the final process if she were here alone. Hope your case is going good! PM me to share any further info! I Am here in Tanay, Rizal with the Salvation Army Christian Church.
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I-864a is for current household members. People sharing the same residence address. Residence address is not the same as domicile. Domicile is where you intend to live ultimately. Residence is where you live presently. So unless she lives in the same home with you at the time of filing, I-864 is the correct one to submit.
AHHHHHHHHH! Perfectly clear now!Thanks so much for that! If I were in the USA already living with my sis, I would use 864a. But since I am currently a resident of the Phil (American Citizen) I would use 864 as a joint sponsor.
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YEs AOS is the Affidavit of Support. Do you have zero income for the year 2011? if thats the case, I think 1-864 much better for your sister to fill out if she has met the poverty line alone herself.
On my case, I had only scanned copies of AOS. I was so nervous but that time that they wont accept scanned copies. But I was still approved.
If you still have questions, I am willing to help you out.
I had worked for a couple weeks in the USA before I left, under 1000 usd income for 2001. I was thinking my sister could use 864 also, but others I talked to said I must use 864a as we will be living with her when we first arrive for a while and she is classified household member. I am wondering does it really matter if you use 864 or 864a? Both prove the same thing diba? Her income is way more than enough to qualify. Just in case though, I had her do an 864 and an 864a, so I have originals of both
My church pastor from USA is flying in Saturday to Manila and bringing all the original docs from the USA side.
Monday is an American holiday, so no Embassy!
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What exactly does prepare AOS mean? We are on an expedited process so I'm having to learn this very quickly. I'm assuming we just turn all the original documents in at the interview but I have no idea what AOS is.
Sorry, I thought you were saying AOS, Adjustment of Status, yes Affidavit of Support you were saying. Yes we have all that complete. 864 and 864a as my sister is helping since I am a missionary here in the Phil with no income last year. Maraming Salamat Po!
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On my case, I only attached via email Ds230 and DS2001. Yes you are right, they have to upload the case in the system. Try to call them on Monday and if it is uploaded, you can now set an interview date. I did my medical one month before my interview. And for me, it was really good idea to have the medical 1 month or 3 or 2 weeks before the interview. It was less stress.
Prepare your AOS..
I was with my husband during my interview but he was only waiting for me. He did not got with me the Filipino Pre-Screener and American CO.
The interview will be very easy on your wife's part. Just complete all necessary docs and you will be easily approved.
What exactly does prepare AOS mean? We are on an expedited process so I'm having to learn this very quickly. I'm assuming we just turn all the original documents in at the interview but I have no idea what AOS is.
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I am sorry but this is the correct link for your wife to set her an interview date.
Yes, I have the case number starting with MNL and already created a profile on that website for her. Yesterday I emailed DS230 and DS2001 to IVManilaAttachments@state.gov.I was going to send LBC but they said to email or fax it. Shortly after, I phoned the Immigrant Visa Section and the lady (Filipina) said even though I have my case # I can't make an appointment until they upload the two forms into their system that I emailed them. She said to check back Wednesday or Thursday. After it is in their system, and only then, that I could make an appointment for my wife. Let me know what you think. Really ready to take her for the medical, but I need the appointment letter to do that.
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Try to call them after 3 days or 5 days to inquire if they have uploaded your case in the system. I am suggesting you to sign up for scheduling online your interview date. It is much better because you can view all available slots and you can choose your desired interview date.
Have also the online registration to be brought at St. Lukes for the medical. The form is available at St. lukes' website.
The online registration is a big help! Thanks so much! I didn't know that.
Now this is where I get confused, I thought they notified me of the appointment for my wife. So I will make the appointment for the visa interview for my wife? Since I'm an American (also Phil Resident) living here in the Phil, I'm getting several different answers on the visa interview schedule process. Not really sure which is the correct answer. Any help on that would be appreciated.
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I just wanted to clarify on the use of I-864a: it is only to be used in the case of a co-sponsor who lives in the SAME HOUSEHOLD and will combine their income with the main sponsor. If the co-sponsor lives in a different household, they file an I-864, and their income must be sufficient to cover their household plus the intending immigrant at 125% of the federal poverty guideline.
In either situation, the petitioner files an full I-864 and if they have 0 income, they report this and include an affidavit explaining their absence of income.
I just wanted to clarify on the use of I-864a: it is only to be used in the case of a co-sponsor who lives in the SAME HOUSEHOLD and will combine their income with the main sponsor. If the co-sponsor lives in a different household, they file an I-864, and their income must be sufficient to cover their household plus the intending immigrant at 125% of the federal poverty guideline.
In either situation, the petitioner files an full I-864 and if they have 0 income, they report this and include an affidavit explaining their absence of income.
I read your story, thanks for sharing that link.I don't even know what to say. I am happy however, you were able to find a place to be together, but I am amazed that law is allowed to stand to this day. May the Lord bless you and your family an we will most definitely add you to our prayer list.
God Bless,
Matthew
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Hi Matthew, I learned that if your sister's income is enough to qualify as a sponsor, then she will fill out the i-864. But if, like you said, it has to be a combined income with yours to qualify, then she will use the i-864a.
Miko
Thanks again! We received packet 3 today and faxed to the embassy. The lady said it was actually mailed from Manila on the 22nd. We live only 22 miles from Manila in Tanay, Rizal, so about 9 days for a letter to travel here. They said and appointment would be available after they received the fax. Any idea on how long that takes?
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I just wanted to clarify on the use of I-864a: it is only to be used in the case of a co-sponsor who lives in the SAME HOUSEHOLD and will combine their income with the main sponsor. If the co-sponsor lives in a different household, they file an I-864, and their income must be sufficient to cover their household plus the intending immigrant at 125% of the federal poverty guideline.
In either situation, the petitioner files an full I-864 and if they have 0 income, they report this and include an affidavit explaining their absence of income.
Thats a big help!Yes my sister is of same household so we will use 864a then. The salvation Army has issued a letter for reasons of lack of income due to the fact I am a missionary. I actually do have a W2 for one months work in the USA in January 2011 right before I moved here to the Philippines.
We just filed I-130 on August 29 and were granted an expedited processing thanks to the help of Congressman Sam Graves, of Missouri. We got packet 3 today and faxed the Notification of Readiness and form DS 230 to the embassy. The lady I talked to in Manila today said once they received the fax, they would very quickly be setting our interview date. This is moving at a lightning pace.
Thanks again!
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Yes, your case is going great! You should receive a letter with instructions for getting the interview started. It has a form DS2001 which says that you have all your docs ready, your wife signs this. You send it by fax, email, or deliver it yourself. Im doing mine by email. After they receive this they will tell you how to setup interview. Not sure about this part on how to set interview, but it seems easy to do. When you have the date available and an appt letter, you can start setting up your medical exam at St Lukes, this can be done online too. In your statement about your docs you have, do you have your i-864 (affidavit of Support)done?
I just found this link to the letter we receive after we turn in the DS2001:
MHikoPI
Thanks for that info! That is a big help on how to proceed. Yes we have the 864, however as a missionary, I have zero income for the last two years. From my understanding, I still need to fill out 864,but file 864a as well. My sister is completing 864a to accompany my 864 for combined income which will well qualify for support. Please let me know if I am wrong, but I think that is the correct way if the petitioner's income doesn't qualify.
Which Direction Do I Go?
in General Immigration-Related Discussion
Posted · Edited by matteo66062
I am an American Citizen living in the Philippines. We were able to Direct Consular File at the US Embassy in Manila, however there are restrictions (posted below) the most important being you must prove to the US Embassy that you have been a resident of the Philippines for more than 6 months to Direct Consular File. As far as I know you can't get married at the Embassy. You do need a document from the embassy stating that you are not married. It costs 50 USD and must be given to local government before a marriage license will be issued. It took us two and a half months from filing to the visa approval at the interview. The visa costs in Manila are 420 USD to file form I-130, 232 USD for the medical exam available only at St Lukes in Ermita, Manila. Then another 230 USD for the visa processing the day of the interview. This not counting the thousands of pesos spent on NSO certified copies of marriage, birth certificates and NBI clearance which are all required for your wife. Honestly, looking back, it was an easy process for us, but we had a simple case. We married in April 2012 and filed August 2012. Here's some reading to get you started!!! If you need help on the marriage process here, I would be glad to help. I would definately consider myself an expert in the Filipina/American Marriage process.
WHAT YOU NEED TO FILE I-130 PETITION IN MANILA
USCIS MANILA accepts and adjudicates I-130 Petition filed by U.S. Citizens residing in the Philippines. Proof of residence: resident alien card, foreign tax returns, foreign property deeds, rentals and/or leases, foreign business ownership, utility bills, working/student permit (proof of enrollment, etc.)
- Filing fee of $420.00 (US Dollars or its PESO equivalent on the day of filing) – Only cash, U.S. Postal Money Order payable to “Department of Homeland Security” or major credit cards are acceptable.
- Proof of Citizenship: A copy of your valid U.S. Passport or U.S. birth certificate; Naturalization Certificate, if naturalized; Form FS-240 Report of Birth Abroad.
FOR SPOUSE:
- Accomplished Form I-130 Petition signed by you (Petitioner);
- Accomplished Form G-325A: One for the petitioner and one for beneficiary;
- A passport-style color photo taken within 30 days of the date of filing the petition: One for you and one for spouse;
- Marriage Certificate and termination of any prior marriage of petitioner and beneficiary if there’s any;
- Evidence of your marital relationship. Please see page 2 of the I-130 Form, “What Documents Do You Need to Prove Family Relationship?”
FOR CHILDREN:
- Accomplished Form I-130 Petition signed by the petitioner;
- If you are the mother: copy of the child’s birth certificate showing your name and the name of your child.
- If you are the father, copy of child’s birth certificate showing both parent’s names and your marriage certificate.
- For adopted child, please ask for separate questionnaire and visit our website: www.uscis.gov
- For children born out of wedlock and you are the father, (child not legitimated before reaching 18 years old), please see I-130 instructions on page 3.
FOR PARENTS:
- Accomplished Form I-130 Petition signed by the petitioner;
- Your Birth Certificate showing your name and your parents’ name
- Marriage Contract and termination of any prior marriage of Petitioner and Beneficiary (if there’s any);
- Please see I-130 Form on page 3.
FOR BROTHERS AND SISTERS:
- Accomplished Form I-130 Petition signed by the petitioner;
- Birth Certificates of Petitioner and Beneficiary;
- Marriage Contract of Petitioner and Beneficiary, if married;
- Marriage Contract of Parents. Please see I-130 instructions.
NOTE: TO EXPEDITE THE PROCESSING OF YOUR PETITION, PLEASE SUBMIT CLEAR/CERTIFIED COPIES OF DOCUMENTS AND ANSWERS MUST BE CLEAR AND LEGIBLE (TYPED OR PRINTED).
While I-130 Petition is pending with USCIS Manila, changes in the given information must be reported to:
USCIS, US EMBASSY
ROXAS BOULEVARD, MANILA 1000
Telephone No. (02) 301-2224; Fax No.: 301-2208
Email address: mphinquiry.cis@dhs.gov