Posted by: Jangali Maanab August 8, 2013
***Do i need to consult attorney to process for my I-130 any reliable contacts ?***
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Bityo Jiban,

The sponsor's CURRENT INCOME is what matters while filing I-864. Current Annual income of your spouse should be above $ 19,387 for a household size of two (125% poverty guidelines, as per USCIS). See the link for more details. Income of previous years do not supplement to meet poverty guidelines, to my knowledge.

http://www.uscis.gov/files/form/i-864p.pdf

If you are still employed, you can add your income to your spouse to meet the poverty guidelines. But, your job should be like a "permanent" one type and this job should continue once your application is received or once your get an EAD card to continue your work.

Alternately, You can use your (sponsor's) asset to meet the annual income deficit. If your spouse is sponsoring you: $5 bank balance compensates $1 annual income deficit, if your spouse is a permanent resident OR

$3 compensates $1 annual income deficit, if your spouse is a citizen.

What I mean is, for example: If your spouse has $15,000 bank deposits as for today,  this balance can be added to her regular annual income from her job, to meet the poverty guidelines. $15,000 bank balance corresponds to $3,000 annual income for a permanent resident OR, $5,000 if the spouse is a citizen. Hope this helps.

My advice: Do not try to borrow money from friends/relatives for a short period of time to show the bank balance. I hope you have heard the case of Kansas recently. If you do not have sufficient annual income and/or sufficient bank balance, you better find a sponsor.

(IMPORTANT: I am NOT a lawyer, I am a layman like you. These are my personal opinions and should not be used as legal advice)

- Jangali Maanab

Last edited: 08-Aug-13 12:48 PM
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