This was split off from a concurrent thread. Through my research for my own petition, I have noticed that there are a number of petitioners who use co-sponsors and I have seen this question asked but have yet to see a a definitive answer. My guess is that is is based on net income simply because it is relatively easy for the average self employed individual to knock that net number down fairly low.
I became more interested in this and searched a little on the USCIS website and could not find a definitive answer. According to
http://aspe.hhs.gov/poverty/faq.shtml#before it would appear that each agency of the great bureaucracy has the discretionary authority to determine their own method of calculation:
There is no simple answer to these questions. When determining program eligibility, some agencies compare before-tax income to the poverty guidelines, while other agencies compare after-tax income. Likewise, eligibility can be dependent on gross income, net income, or some other measure of income. Federal, state, and local program offices that use the poverty guidelines for eligibility purposes may define income in different ways. To find out the specific definition of income (before-tax, after-tax, etc.) used by a particular program or activity, one must consult the office or organization that administers that program.
While there is no standard definition of income for program eligibility purposes, the Census Bureau uses a standard definition of income for computing poverty statistics based on the official poverty thresholds. More information is available on the Census Bureau’s web site.
It also poses the question as to whether each Interviewer also has that discretionary authority as well. I really don't have a clue and merely guessing. Perhaps someone can shed some light on this for those trying to decide if a cosponsor is necessary for their situation...
Assets also play a part, so this question would have relevance there as well... in the instructions for the I-864 it states:
- You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).
...
- You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract between Sponsor and Household Member. If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.
- You may count the assets of the relatives you are sponsoring.
So it would seem that most home owners with any equity would be able to qualify (though in this market, that is questionable) as the total asset amount needs merely be 5*(ProvertyGuidelineNumberForIndividualSituation - ActualDeclaredIncome) but that formula also brings into play whether the number is gross or net.
SO, has anyone ever contacted the USCIS for a definitive answer as to their specific method of determination or in some other way found a specific documented answer?
