Under 40grand

[little white guy]

Saw a post about this while back..Someone was talking to a real person at GZ consulate but can't find it..Whats this under 40grand they give ya the can?..Anybody know that for sure?(give ya the silp ya do not want)

[obxtrainman]

If the Consulate didn't go buy the Federal Standards of Poverty that they say they do,wouldn't that make them liable for fraud?

[izus]

Saw a post about this while back..Someone was talking to a real person at GZ consulate but can't find it..Whats this under 40grand they give ya the can?..Anybody know that for sure?(give ya the silp ya do not want)

214285[/snapback]

40 grand?

no!

who told you 40000.00

thats alot more then poverty, thought it was 20

[Yuanyang]

Saw a post about this while back..Someone was talking to a real person at GZ consulate but can't find it..Whats this under 40grand they give ya the can?..Anybody know that for sure?(give ya the silp ya do not want)

214285[/snapback]

40 grand?

no!

who told you 40000.00

thats alot more then poverty, thought it was 20

214293[/snapback]

That was an the opinion of a poster. It is not the guideline.

[Guest pushbrk]

Saw a post about this while back..Someone was talking to a real person at GZ consulate but can't find it..Whats this under 40grand they give ya the can?..Anybody know that for sure?(give ya the silp ya do not want)

214285[/snapback]

40 grand?

no!

who told you 40000.00

thats alot more then poverty, thought it was 20

214293[/snapback]

A lot of people seem to look at these situations in isolation, as if a single factor was all that matters to the outcome. Take a look at the Guz Speaks forum and you'll see multiple references to looking at the totality of the situation.

 

A single issue can raise a red flag that prompts a closer look at the case or requires additional information the VO doesn't have time to evaluate during the interview.

 

An income between the minimum requirement and some higher amount (like maybe $40k) may well trigger additional questions or scrutiny. Another flag or two could prompt a blue slip. We hate the idea of a blue slip but almost all of them are overcome in short order.

 

In these cases, the income issue is unlikely to be about income qualification at all. It raises questions about the validity of the relationship. Of course the relationship can be valid or invalid regardless of income.

 

A person who doesn't meet the income requirements is a poor prospect for the kind of visa fraud where the petitioner is paid to file the petition and fake a relationship. A person with a high income is also a poor prospect/target of those fraudsters. A person who qualifies but "needs money" is a much better prospect/target. Add communication problems, a sheepish applicant at interview and a big age difference and you have grounds for a blue slip. Blue slips for valid relationships are almost always overcome.

[hakkamike]

Maybe they had 15 or so dependants?

[warpedbored]

The requirement is 125% of the federal poverty guidelines period. This is one of the few areas of the visa requirements that is not shades of gray.

[Michael and Manyun]

I am above the guidelines, but something is holding me back. Haven't figured it out yet.

[david_dawei]

The requirement is 125% of the federal poverty guidelines period. This is one of the few areas of the visa requirements that is not shades of gray.

214306[/snapback]

although for the I-134 (K# visas), it is 100% of the poverty level...

 

 

I-864 FAQ:

http://travel.state.gov/visa/immigrants/info/info_1328.html

 

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

 

No. The 125 percent minimum income requirement, the need for the last three years income tax returns and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

[IluvmyLi]

I am above the guidelines, but something is holding me back. Haven't figured it out yet.

214959[/snapback]

When you find out, let me know.

[johnxiaoying]

Unfortunately 100% or 125% of poverty level is the requirement, it should be much higher. It's sad that some SO's don't understand the cost of living in the USA and come here to end up living in poverty.

[hunter]

I think there is one thing that is not being said. In order for most familys to have 40 to 50k per year household income, it is often that both spouses are working and provideing. Just because a man does not make a uber amount of money a year dont mean his wife cant get a job and contribute for the family. I bet if a person barely earned over the poverty guideline, and say he has a SO who is unedjucated, barely earns anything in china, well, that would be a factor for me. Now if the SO had a degree and earned well in China, the VO would have to factor that in also. What say?

[Dan R]

The SO working later on at a hypothetical job is not a factor. The earnings of the petitioner are, as others have pointed out, a clear cut requirement. This is perhaps the only thing you can be sure of in the process.

[Guest ShaQuaNew]

I think there is one thing that is not being said. In order for most familys to have 40 to 50k per year household income, it is often that both spouses are working and provideing. Just because a man does not make a uber amount of money a year dont mean his wife cant get a job and contribute for the family. I bet if a person barely earned over the poverty guideline, and say he has a SO who is unedjucated, barely earns anything in china, well, that would be a factor for me. Now if the SO had a degree and earned well in China, the VO would have to factor that in also. What say?

215001[/snapback]

No. When it comes to the beneficiary, there is nothing in the law that would either help or hurt the denial / approval process. If however the Chinese person is well-educated and holds an advanced degree in China e.g., Physician, Physicist, advanced level musician, etc., there are alternative visas available for them (see the USCIS website).

 

But, for the marriage-based visa the VO may only take into account the earning power of the petitioner. An easily employable beneficiary that wants and is willing to work, will likely help the financial aspect of the relationship, it is the petitioner that is responsible for ensuring that the beneficiary does NOT become a public charge.

[ÕÔÙ»ºÍ³Î°ÛÀû]

You are oversimplifying the issue. The requirement is that the visa applicant demonstrate that he/she will not become a public charge in the US. One way to do that is to have someone else vouch for him/her with an I-134. That is not the only way. For example if the visa applicant has significant personal assets or a job offer in the US, that can also be used as evidence that the applicant will not become a public charge.