Wolfy

Have looked at the instructions and my usc gf is in rented accomodation and has no assets to speak of and earns roughly $28,000 ...I have 50% stake in my own home valued around $55,000 but not wanting to use this unless we have to...reasons to buy our own home in U.S

Now how can I work out if just her wage alone meets the criteria of the 125% guideline, does her submission of tax returns need to be taken into account also, by what I have read on the help sheet?

Thanks

ian-mstm

Check out the I-864P - it lists the current poverty level and 125% level that she'd need to meet. For 2 people (her + you), it's $18,212... so she should be fine - unless there are others involved!

Ian

Noorah101

If you look at the I-864P which shows the income guidelines: http://www.uscis.gov/files/form/i-864p.pdf

You will see the 125% level of income for 2 people (she and you) is $18,212, unless she lives in Alaska or Hawaii.

Assuming she does not live in Alaska or Hawaii, and that the household size is just the two of you (no children or others she supports), her $28,000 a year is way over the minimum, so should be acceptable.

Seems to me her wages alone meet the criteria.

She will need to submit her most recent 3 years of tax returns, yes. The ConOff will be looking at her current income to meet the I-864 requirement, though....which it does.

If the job is new, and she had lower income (under the 125% level) in previous years, it might be OK, it might not. But if I recall correctly, you guys have not started the process yet, right? So by the time the I-864 is due, she will have been working 6+ months, which should be enough to satisfy the ConOff.

Actually, aren't you guys thinking of doing a K-1? Be aware that the K-1 Affidavit of Support is the I-134, which does not strictly adhere to the I-864P guidelines, either. So you have more wiggle room there...but still, she's way over the minimum, so nothing to worry about that I can see.

Rene

Wolfy

Thanks Ian, I did see this and thought ok thats the target, but thinking too much outside the box and seeing the questions, thought there may a formulea like the assett calculation....this puts our minds at ease

Noorah101

If her income alone is over the minimum (which it is), then there's no need to include assets at all.

Rene

Rete

Besides looking at the instructions, read them once again. The income needed to meet the 25% plus poverty guidelines is income before taxes and living expenses are deducted. It is straight out income.

The instructions clearly state that tax returns are required with the submission of the I-864. Since I doubt you are at all familiar with US tax returns, why do you not leave this form (which rightfully is your USC GF's form) to her to complete. US tax returns list all income (earned through working and earned through interest on assets).

Noorah101

A further note on the tax returns, when the time comes to submit them, it's best if she calls IRS and gets official "tax transcripts" for each year. They are free, and they arrive within about 7 - 10 days. They are preferred by the US Embassy.

A photocopy of the entire tax return plus a photocopy of the W2 will be OK if she doesn't want to get the transcripts, but since they are free and preferred, it would be better.

Rene

Wolfy

It will be left to her, just so that I have an understanding of the process.

SultanOfSwing

Just make sure you check up on this - last thread I spoke to you in you were doing a K1 and so you'll need the I-134 and not the I-864, which is what is filed with your adjustment of status to permanent resident after entry/marriage on the K1.

If you're doing another visa like a CR1 or something you might need the I-864, but I figured I'd bring it up just in case