OK I am pretty pissed off. We had a problem at our interview today. I was unemployed for a few months last year (2006). The interviewer said that they cannot count the unemployed income as part of the income for the affidavit of support. And since my wife is 8th months pregnant, they will go by the required amount for 2 people for approx $21,000.


Here are the #'s from my 2006 tax return:
Wages: $18,815
Unemployment: $13,025
Gross Income: $31,840
Taxable Income: $23,390

Now shouldn’t that be ok? I had checked with my lawyer about my 2006 tax return which included the unemployed income, and he said that would not be a problem.

What do you guys think? Is there any written proof anywhere, that unemployed income does count as part of gross income and they cannot deny me VISA by not counting unemployed income?

To fix this, I have to get a co-sponsor. I am in India, and I have to get a co-sponsor in US to sign documents and then mail to India and then I have to submit theses docs to the VFS which then will be forwarded to the embassy again, and then VISA approved passport will be given to VFS and then mailed to my address. The only problem is that my wife's doc has told her that she should not fly past Nov 10th because of her pregnancy. So we have our tix booked for Nov 9th.

Someone please shed some light on this....any help would be greatly appreciated....

Hi,

The consular officer is only considered your wages and nothing else thats why he thinks you are short on the income side.. I wonder why didnt your attorney point out that to you.
This is pretty much now a problem, I guess Jas you have no other choice rather than find a co - sponsor , which will be tough in the immediate term. try to find the co - sponsor in immediate term and use express delivery methods for everything. May be it will work. I dont think you should take a risk of taking yoru wife for travel past 10th nov, if you dont get visa its better you have ur kid in your wifes maika or here with ur parents if they stay out here.....

Jigi

Hi Jiggi, thanks for the fast response. Can the consular use the fact that my wife is pregnant and ask me to support 2 people now, even before the child is born? The reason I ask is because my wages are $18,815 and that is sufficent enough to sponsor her.

Hi,

I think if you see the poverty guidelines list. The increase to support the 3 person will only be mariginal. I guess it will increase by 2000$. And it also depends on state to state too. I think you should if possible ask the consular officer how much income your co - sponsor should have so that even if its for 3 people or for you just hubby & wife it will be sufficient forever.

I am sure, people in K3 forum will also help you out more. And about your wife being pregnant, I dont think american CO officers will listen because they dont have the time. I hope you get ur wife to US soon

I will pray to god for sure. My next prayer is for you , your wife and to be child

Jigi

You would need to earn $21,462 for three.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Thanks for your reply and your prayers. The increase is $4350. The actual #'s are $17112 for 1 person and $21462 for 2 people.



Thanks, however how can they count 3 when right now it's physically only 2?

Hi,

I thought the consular officer has rescheduled your interview. i can imagine ur wife must be really mad. so the difference is of 2700$. So the co-sponsor has to show something like 3 to 4 times of the 2700 amount.

Jigi

Yeah, she is quite upset. The interview is not re-scheduled, I had just have to take the neccessary docs to them when ready and they will proccess it. Well actually I have to take the I-864 to the VFS office and then they will submit it back to the embassy. Hmm...let's see what happens...It's cutting it quite close to the Nov 9th date that we have to fly on.

Hi

Jas please keep us updated. what happens.. and post in the way you sorted all stuff out.... because in future we or anyone might gain from your expereince.

Jigi

that is ridiculous ... now you've got to have co sponser ... well as Jigi said keep us posted as those with co-sponser will need help if anything of this sort might happen we can be prepared...

Jas, I hope you are able to have your co-sponsor send you the documents quickly enough. You are in our thoughts.

thanks all.

I have 3 co-sponsors ready...

1 is a friend who has made over $70k every year in 2004, 2005 & 2006. Just this year he made only $40k and has been unemployed since September...I am not sure if that will pose a problem.
2nd is a cousin who owns a business with many assets. The company will co-sponsor us by showing their company tax return and assets
3rd in a uncle who will sponsor the same way as my friend. He is making less money but is employed.

So I will have 3 cards in my back pocket just in case one doesn't work out. Now, I just hope I get them by Monday so I can go to the consulate and take care of this ASAP

Good Luck to you and your wife and your soon to be baby, Jas. I hope everything works out.

hey Jas,

Just show them you have got stuff ready... Hum kisise kum nahin

Jigi

I can't believe this JAS.

an unborn child should not be counted towards the household income size. this is ridiculous. because the K-3 visa is temporary and by the time the baby is born you will submit another affidavit of support for AOS, and then they should count the baby in the household size, and ask for a co-sponsor.

Good luck Jas, hope everything is straightened out straight away.

Good luck Jas, I'll pray things work out well for you. Good luck.

Is it possible to have your lawyer file an amended I 134 and have the co sponsors affidavit faxed to your embassy or you??? Just an idea.

Hi, all. I went to the embassy today. I spoke with a guy over there, who said that I-864 can be submitted, but an I-134 is what is required from my co-sponsor.

So basically, I still need to have a co-sponsor and have them either sign and fill a I-864 or I134. They would not oversee the unemployment and they are counting as if the baby is born and I have to support him/her also. So I would need to follow the $21k Poverty. If I only had to sponsor my wife then the $17k would have been fine, since my $18k wages for 2006 would have covered it.

Also, he did not care that I have a $65k income for this year...I even took supporting evidence of facts like:
Section 213A Act which states "If you are currently employed and have an individual income which meets or exceeds 125 percent of the Federal poverty line for your household size, you do not need to list the income of any other person."

I also had the 9 FAM 41.81 N4 Documentary Requirements.

However, he refused to even see these things and said that there is not point of arguing. He said it's best to do whatever the CO said.

Well what can I do. I have already had 2 people co-sponsor me and they mailed out the stuff by courier to me today. I should have the docs by Monday for I-864 that I will submit. I cannot go thru with the I-134 now...since I will again have my co-sponsors sign and send those out...and they won't get here till Tuesday or Wednesday and my wife is flying on Friday the 9th....so it's probably best for me to just stick with the I-864 now...and submit and hope things work out.

By no means am I angry at the people at the consulate...however I am just stressed out because of my wife being pregnant. I just want to be there to see my first baby being born

Wow Jas, what a lousy situation. But you've got a good attitude and it sounds like you'll have the papers in hand. Now it will be up to the CO to quickly review the papers and print the visa before your departure date.

Not to add more to your plate....but I know Dilwali is coming up. What is the Consulate's schedule like? The people I work with in our company's Pune office say they are on holiday starting on the 6th.

Best of luck! Keep us updated on how it goes.

Hey one more question. I have a co-sponsor who has signed the I-864, however he is a business owner so he has used his business name and showed the company taxs rather then personal, would that work?

Also as a backup plan, if I wanted to get another co-sponsor. What would I need to do for a I-134 with a co-sponsor?

Hi,

I think you should get an individual. the business owner must be filing the taxes as an individual i think.

Jigi

Thank you all for your help. I just wanted to inform you all that my wife's VISA was finally Approved!!!

Thank you all for your help, as this wouldn't have been possible without you all. I especially want to thank the following people:

pushbrk
neel06
rebeccajo
Jigi
Nutty
trailmix
lennon
kim-786
jasman0717
dimp123
nimble
chakaas
Urge To Race
ras001
archie07
pbgirl
C and J
wahrania
maya62
albden
ohioindian
Erika's husband
AnneiyAndJacky

Thanks to everyone else also that I forgot to mention

so what did you do this time jas?

Wow! Great News! Congrats!!! Hope ur trip back to the US is smooth.

Awesome! Congratulations!!!! You both have a safe trip back to the US.

Hi Jas,

Congrats. God is always there.... when we do stuff with right intentions all happens good. Your coming child is lucky for you...... Be back soon on the forum because you have to helppeople out in future if they fall in problems like you have had to face...... And one more thing..... Please do tell us after 8 weeks... Boy or Girl for you.....


God bless

Happy Diwali

Jigi

That's really great news Jas. Awesome!!! I am really happy for you and your wife. Congratulations

Great! Have a Happy Diwali!

Congrats to both of you, so glad it worked out well, and so quickly!

Happy journey to USA and keep us informed with your baby's birth!

Congratulations !