Britsimon
Super Moderator
When considering whether the sponsor's income is sufficient there has been some discussion about what level of income to use. For the I-864 the CO uses 125% of the federal poverty guidelines. So - the calculation is like this:
If the sponsor is married with two children and is sponsoring a married applicant with zero children the combined family size is 6 people. For 2016 (in the 48 States) the FPG for 6 people is $32,580. So - if the form being submitted is the I-864 the income of the sponsor should exceed 125% of that amount - meaning $40,725.
However,the I-134 is not used in DV lottery cases. DV cases must use the I-134. The 9 FAM notes say that the 125% level does not need to be applied to the FPG, so the lower number (100%) should be used ($32,580). However, since COs are more used to the I-864, they may mistakenly apply the 125% rule (and prior to the use of the I-864, the I-134 was using the 125%.
Tirana embassy have been doing this wrong for years. They even published the 125% rule in their instructions to DV selectees about the I-134. However, they have finally updated their instructions to the 100% level. Although kept the other bizarre/incorrect rules. Their change is what prompted me to write this note.
Mom and I go back and forth about this. The "safest" option is to use the 125% level and if your sponsors income meets that level - then great, but that isn't technically necessary.
If the sponsor is married with two children and is sponsoring a married applicant with zero children the combined family size is 6 people. For 2016 (in the 48 States) the FPG for 6 people is $32,580. So - if the form being submitted is the I-864 the income of the sponsor should exceed 125% of that amount - meaning $40,725.
However,the I-134 is not used in DV lottery cases. DV cases must use the I-134. The 9 FAM notes say that the 125% level does not need to be applied to the FPG, so the lower number (100%) should be used ($32,580). However, since COs are more used to the I-864, they may mistakenly apply the 125% rule (and prior to the use of the I-864, the I-134 was using the 125%.
Tirana embassy have been doing this wrong for years. They even published the 125% rule in their instructions to DV selectees about the I-134. However, they have finally updated their instructions to the 100% level. Although kept the other bizarre/incorrect rules. Their change is what prompted me to write this note.
Mom and I go back and forth about this. The "safest" option is to use the 125% level and if your sponsors income meets that level - then great, but that isn't technically necessary.
