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Immigration Forum / USA Marriage Base / October 2004I-864 poverty guidelines 2004 or 2005?
Hi all, I haven't been able to find the correct info on this, so I'd appreciate some input from y'all. ;) The way things are looking, the change in poverty limits from 2004 to 2005 will be right in the middle of our 'DCF' procedure. We'll be filing the I-130 before April 1st, but depending on how quickly we get an interview date, the interview most likely will take place after April 1st. And since the interview is the time to present the I-864... which year will they go by, 2004 or 2005? This is for a family of 3, and with a job change in the works and not knowing how much they will raise these limits, we might be cutting it close if 2005. When are the new poverty guidelines usually made public? Well in time to look for a co-sponsor if need be? My fiancé was already talking about maybe not changing jobs, although the new one has a lot more future in it and he likes it a lot better, even though it turns out it would mean an unexpected pay cut for the first year. I've been saying maybe we should get married in January and get the whole deal over with before April (the consulate here is averaging about 70 days). ;) Anyway. Before we decide on anything like that I need something to base our decisions on... thanks in advance for any input. Elaine :) > Hi all, > [quoted text clipped - 23 lines] > > Elaine :) You've raised an excellent question -- one which I'm sure others have wondered about as well. I tried to find out when the poverty guidelines are published but was unsuccessful. However, I looked up the 125% minimums required for a household of two people from the past 5 years (sorry, I don't remember how many people you must accommodate for your I-864): 2000 -- $14,062 2001 -- $14,512 (+$450) 2002 -- $14,925 (+$413) 2003 -- $15,150 (+$225) 2004 -- $15,612 (+$462) So the annual increase for this household size (2) hasn't exceeded $500 over the past 5 years. Of course, that's not to say that the increase for 2005 will again be less than $500, but at least that gives you something to go on. I'd say if you're earning at least $1000 more than the 2004 minimum -- or about $16,700 -- you should be ok. Even better if your income exceeds it by more than that. (This of course assumes a certain amount of logic, and we know how illogical immigration is, so consider this at your own risk! :)) ~ Jenney > You've raised an excellent question -- one which I'm sure others have > wondered about as well. I tried to find out when the poverty [quoted text clipped - 23 lines] > > ~ Jenney Jenney, when I went looking for this info I thought it would be an easy answer to find. I'm almost glad you didn't find it either... means I'm not going looney.... lol. ;) Thanks for your help! (We're a family of 3 btw. :)) Elaine :) > Jenney, when I went looking for this info I thought it would be an > easy answer to find. I'm almost glad you didn't find it either... [quoted text clipped - 3 lines] > > Elaine :) I don't have much to add but here are a few tidbits that might help. http://uscis.gov/graphics/formsfee/forms/files/I-864p.pdf "* These poverty guidelines remain in effect for use with the Form I-864 Affidavit of Support from April 1, 2004 until new poverty guidelines go into effect in the Spring of 2005." Form I-864P (Rev. 03/08/04)N Also see: http://aspe.hhs.gov/poverty/04fedreg.htm "The preceding figures are the 2004 update of the poverty guidelines required by section 673(2) of the Omnibus Budget Reconciliation Act (OBRA) of 1981 (Public Law 97-35 — reauthorized by Public Law 105-285, Section 201 (1998)). As required by law, this update reflects last year's change in the Consumer Price Index (CPI-U); it was done using the same procedure used in previous years. (The poverty guidelines are calculated each year from the latest published Census Bureau poverty thresholds — not from the previous year's guidelines. Besides the inflation adjustment, the guidelines are also rounded and adjusted to standardize the differences between family sizes.)" The I-864 states the following: "For the purposes of the affidavit of support, determination of your ability to meet the income requirements will be based on the most recent poverty guidelines published in the Federal Register at the time the Consular or Immigration Officer makes a decision on the intending immigrant's application for an immigrant visa or adjustment of status. Immigration and Consular Officers will begin to use updated poverty guidelines on the first day of the second month after the date the guidelines are published in the Federal Register." > I don't have much to add but here are a few tidbits that might help. > [quoted text clipped - 29 lines] > poverty guidelines on the first day of the second month after the date > the guidelines are published in the Federal Register." Unless your interview is on the 2nd half of 2005, you should be fine with 2004 P.G. numbers. > Unless your interview is on the 2nd half of 2005, you should be fine > with 2004 P.G. numbers. Thanks for replying. Can I ask where you base this on, though? I always need to see things black on white before I believe anything... ;) Elaine :) > I don't have much to add but here are a few tidbits that might help. > [quoted text clipped - 29 lines] > poverty guidelines on the first day of the second month after the date > the guidelines are published in the Federal Register." Hmpf. Now if they had also mentioned when these guidelines are published, I'd be all set. LOL! If I read this correct, let's say they're published in March, then they start using them on May 1st. Right? I'll check the links out later. Thanks, Sypharipicus! (;)) Elaine :) > Hmpf. Now if they had also mentioned when these guidelines are > published, I'd be all set. LOL! If I read this correct, let's say [quoted text clipped - 4 lines] > > Elaine :) Right. Last year, the guidelines appeared in the Federal Register on 13 February, meaning that they would take effect on 1 April. > Right. Last year, the guidelines appeared in the Federal Register on > 13 February, meaning that they would take effect on 1 April. Okay. So if we file in february, would the consulate give us the 2005 guidelines, or could we ask them for it, or do we look for them in the Federal Register (wherever that is, online I hope or I'm lost! :D)? I'm sure I can figure that out (although advice is still appreciated ;)). That's kind of short notice, about 60 days to find a co-sponsor if needed... (yes, I'm anal and that's like last minute to me, LOL!) Hmmm lots of food for thought. :) Elaine :) > Okay. So if we file in february, would the consulate give us the 2005 > guidelines, or could we ask them for it, or do we look for them in [quoted text clipped - 8 lines] > > Elaine :) My interpretation is it is NOT the guidelines in effect when you file. Rather, it is the guideline in effect when a determination of your case is made. See below. "in the Federal Register at the time the Consular or Immigration Officer makes a decision on the intending immigrant's application for an immigrant visa or adjustment of status." > My interpretation is it is NOT the guidelines in effect when you file. > Rather, it is the guideline in effect when a determination of your [quoted text clipped - 3 lines] > Officer makes a decision on the intending immigrant's application for > an immigrant visa or adjustment of status." Yes, that's what I meant too... I just stopped talking halfway. :D I meant to say will they give them to us when we file, since those will be the ones in effect when we interview. Or would they gives us the 2004 ones? And if they do do we ask for the 2005 guidelines? Life is so complicated when you're me... ;) Elaine :) > Okay. So if we file in february, would the consulate give us the 2005 > guidelines, or could we ask them for it, or do we look for them in [quoted text clipped - 8 lines] > > Elaine :) Maybe you could start lining one up now, just in case....then it won't feel like last-minute. Better to have someone say yes now, and then not have to use them, than to be scrambling around at the end! :) Best Wishes, Rene > Maybe you could start lining one up now, just in case....then it won't > feel like last-minute. Better to have someone say yes now, and then > not have to use them, than to be scrambling around at the end! :) > > Best Wishes, > Rene Thanks for replying, Rene :). I was thinking the same thing... like I said, lot of food for thought. I'm just going to sit back a bit and see how things unfold I guess. We can't set a date until the paperwork over here gets approved (anywhere between 4 weeks -already gone by- and 3/4 months now), or we'd probably set a date that would leave the whole procedure under the 2004 rules. We might still be able to do that, though. The thing is, I never really looked into the whole co-sponsor deal because we were fine... but now with the possible job change, or rather the unexpected step back income-wise, things might be looking different. I must say getting a co-sponsor is something that goes against the way we are. We're both people who don't like to be 'helped out' like that, and I know my fiancé well enough that he'd give up this new job because of it... that's really the main reason why I'm trying to figure out if we'll be okay on our own, before he does something like that I have to know what our other options are. Now don't get me wrong, I don't look down on people using co-sponsors at all, it is just not how I personally (well, we) do things. I've already been promised a job for when I get there (in his family's business, nothing signed yet of course), I wonder if they'd let me use that prospective income? Remember we're talking about 'DCF' here, so we won't have lived together yet. Elaine :) > Thanks for replying, Rene :). > [quoted text clipped - 24 lines] > > Elaine :) Just bumping it up really, to see if anybody has any ideas about this one? I know at least of one couple who moved back to the US together (USC + IR1 visa spouse) and for the I-864 they were allowed to use the USC's income from a job she had lined up. Don't know if it matters if that was the USC though. Any opinions? Elaine :) > Just bumping it up really, to see if anybody has any ideas about > this one? [quoted text clipped - 5 lines] > > Elaine :) UPDATE: I've been meaning to dig up this thread. So uhm, nobody could have reminded me that we're allowed to use assets for the I-864 huh?!? :D That just sunk in the other day... *rolling eyes at self* :D Anyway. We're going to be fine with our savings. Duh. Elaine (<--- dork) :D > UPDATE: > [quoted text clipped - 7 lines] > > Elaine (<--- dork) :D LOL. I was reading along thinking 'this seems familiar...didn't she sort this out yet?' I was going to suggest getting some cash in savings... ;) Anyway, you're going to be find *no matter what*! You'll teach those COs a thing or two, I imagine :) |
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