khabibiuf

Question about poverty guidelines for affidavit of support? Does the sponsor need to meet the minimum level with base salary? Let's say sponsor does not meet the requirements with base salary but he does when overtime is included. Would the sponsor meet the requirements in this case?

Thanks.

Just Jenney

One of the documents a sponsor needs when using their income to meet the minimum requirements for the affidavit of support (I-134 or I-864) is a letter from their employer. In this letter the employer verifies the person is an employee, when they started working there, what their job position is, whether their job is full-time or part-time, and what the annual salary is.

If the employer includes overtime pay as part of the annual salary, and puts this amount in the letter, then I would say yes, the sponsor could use overtime pay to help meet the minimum income requirement.

However, 99.999% of employers will NOT vouch that a specific amount of overtime pay is a guaranteed part of an employee's salary. It's unscheduled, unplanned, and not a reliable source of income. That's what makes it "overtime" -- if it wasn't, then it would be part of one's base salary.

My suggestion is: Don't rely on overtime pay to meet the minimum income requirement.

~ Jenney

CARAMEL

DONT KNOW IF THIS IS TYPED IN CORRECT PLACE BUT HERE GOES:-

I am in a similar position in that I have been unable to find a sponsor who earns enough to sponsor myself and my children since my husband is disabled and has only a small disability payment. We have asked 6 people so far and nobody earns enough to sponsor us. WHAT is the next move? I own a house in the US but its value is probably less than $70K and it is in need of improvements too. I am also disabled and only have a small income from UK. I am worried that we will be separated from my husband and sent back to the uk! He is prepared to come to UK with us but I am told that if I try to leave the US now that we will be taken aside by customs and barred from re-entry to US for life because we have not been able to finalise our US immigration paperwork due to lack of sponsor! CAN ANYONE GUIDE US ON WHAT TO DO HERE PLEASE??? We are scared to stay, scared to leave !!

ian-mstm

Then perhaps that's exactly what he needs to do!


Your terminology is a bit confusing. Customs and immigration are two distinct and separate entities - and Customs doesn't have the authority to bar you from the US (at least, that's my understanding). Unless there's more that you're not telling us, immigration will not stop you from leaving the US and will likely not bar you from re-entry simply based on your not having a joint sponsor, although there may be other reasons to stop your re-entry.

As indicated above, if you cannot find a joint sponsor who makes the required income, you may all find yourselves back in the UK. Good luck.

Ian

jeffreyhy

Ian,

Reluctant point of clarification - the entities aren't separate and distinct anymore, and the functions are seen as synergistic.
< http://cbp.gov/xp/CustomsToday/2005/JanFeb/ >

That's why I've pretty much stopped making the point that you make here, although I continue to believe that it's a good idea to distinguish between the customs inspection and the immigration inspection at a POE.

Regards, JEff

Just Jenney

Sounds to me like Caramel has overstayed, which could trigger a lifetime ban depending on how long she's overstayed. That's just speculation, though.

Caramel should start her own thread and provide more details -- she'd probably get more responses, especially since her situation involves a lot more than the "overtime" question. It is also fairer to the OP, so as not to distract from the original purpose of this thread.

~ Jenney

Ray

Seems I read this story elsewhere sometime ago ...and you are right ..

USA & Pakistan

Another one for your book?

ian-mstm

Damn! It's like the whole world is passing me by!

Ian