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....

oh God... i am sorry to hear about this problem of yours.
as far as I know unemployment is counted towards one's income when doing taxes. so the same rule must apply for them also.
you can have your co-sponsor fax you all their documents and you can take them straight to the embassy instead of submitting it to vfs.
maybe someone has better solution for this.

Yea I know...we are both very upset. As far as faxing the docs...they require the I-864 to have a original signature on it. They can be copies, but they need to have original signatures. I don't have a problem in doing this...however, I don't think we will be able to make it happen by Nov 9th.

Does anyone know this? Can you they ask for me to sponser 3 people, even though the baby is not born yet and there are physically on 2 people? If I sponsor just my wife the requirement for my 2006 tax becomes less then 18k which I did. With the baby put into the equation it is $21.5k. What do you all think?

Sorry to hear you're having more problems, Jas Here's hoping that they'll be sorted out in time for your wife to be able to fly.

I think you should just go get the co sponsor and have them over night the papers with DHL today and dont wonder about why how and when... IF you have someone you will step up to bat for a pregnant woman.. which knowing Americans.. I think someone will..

GOOD LUCK DUDE

Imho, debating with a CO about what he/she can or can't do in evaluating your situation is something you probably need a lot of time and a lawyer to do successfully. I would just get the co-sponsor and be done with it, if possible.

Good luck, and congratulations (because it sounds like you'll get the visa as soon as you find a co-sponsor AND your gonna be a daddy!!)

Maya

JAS you mentioned I-864... with K-3 they ask for I-134

if you used I-864 get a I-134... maybe the rules are different since thats for nonimmigrant visa and they know you will have to do adjust of status.

I have heard that for I-864 (that's the one I applied for) they do not count unemployment, my friend is going through the same thing now. As wahrania said, get someone to overnight the documents before it's too late.


by the way, I heard someone went to interview (this was for a parent) and they told the father that he was lying that his daughter was working bc she is on unemployment and owes the government $5000.00 and none of it is true, the daughter works full time. I don't know where the hell they get this information mixed up and make people wait ppppffffffffffff

I feel for you, and I don't know if this will help. The consulate is supposed to look at line 37 of your 1040 to see what your adjusted gross income is. They usually give a chart with the packet 3 that lists the 125% poverty line values. So if you look at the two person value, and that number is less than your line 37, then you are fine. My guess is it is not so you do need a co-sponsor.

Best of luck

My 2006 adjusted gross income was $31,840. The requirement for 3 people household is $21,462... go figure....

Geez that sucks. I emailed the Consulate here and Vancouver, asking which Affidavit of Support I would need and was told just to provide the documents showing on the checklist (no Affidavit of Support requested). What gives that they want it for some but not for all?

I would check and see how fast it can be shipped to you and look at getting a co-sponsor. Are you sure the document would be able to get there in time? If not, PM me and I may have a suggestion. It's pretty complicated, so I would definitely check on the shipping first.

Yes. Read the wording of item 7 on the I-134. It starts indicating you are employed at or engaged in the business of....and derive and annual income of.....

To include "unemployment insurance" benefits in that number would be a truthful statement. Of course you include them on your tax return.

Perhaps some of your problem we're discussing in another thread stems from the fact that you stated your 2006 income per the tax return instead of stating your annualized 2007 income per your current income documentation.

Clearly, one cannot use temporary (26 weeks maximum) unemployment insurance payments to show an intended immigrant will not become a public charge.

JAS I ASK AGAIN.... why did you submit I-1864. you should have submitted the I-134.

with the I-134 you had to to do AOS here and submit I-1864 for AOS, and by then you could have easily found a co-sponser.

b(f) Sponsor Use of Benefits. Question 4B of the September 26, 2000 version of the Form I-864 asks if the sponsor or any member of his or her household has used means-tested benefits during the past 3 years. Do not disqualify a sponsor based on a positive response to this question. The reason for this question is to ensure that the value of any such means-tested public benefits is not considered as income on the Affidavit of Support. Federal means-tested benefits currently include SSI (Supplemental Security income), TANF (Temporary As sistance for Needy Families), food stamps, Medicaid, and State Child Health Insurance Programs (SCHIP). State and local means-tested benefits vary by jurisdiction. Earned benefits such as Social Security retirement, Unemployment Compensation, and Workman’s Compensation may be included as income.

link

Yeah trailmix, but this is weird because it's the consulate asking for the I864 at interview, and supposedly for a K3 visa.

Im really sorry to hear this bad news... I remember i had that same issue before and i got temporary refusal. in my case when i got interviewed they were looking for my hubby's income which that time he was only a full time student. but things got well so far when he started working and after couple of months i went back to the embassy and turning new documents.. look for co-sponsor that would help..

Yeah I agree, It just also seems strange, seeing as he did submit an I-864 that they didn't allow the Unemployment compensation when they state they will. Seems a bit of a mess.

Post editing my own post. See bolded correction of a significant typo.

Nobody suggested unemployment benefits were means tested or would disqualify a sponsor. They just don't count towards qualifying income against the 125% poverty line standard.

It's the same principal as foreign income. It doesn't count unless it will continue from the same source. Unemployment benefits are not earned or passive income and they aren't sustainable past 26 weeks, so they would be disregarded.

can't he just let them know that the baby is not due till january...so the current household size is just 2 for now. by the time the baby is born you will file for AOS, and submit the I-1864 with a co-sponsor.

Whatever his income was for last year, it is a mute point. He is currently working and making $65,000 a year as a permanent, full time employee. That should take precendent to a 2006 tax return.
If this was not acceptable, the the National Visa Center would have stopped the process and his case would have never been sent to the Embassy.

Nutty,
This was a K3, the NVC did not process an affidavit of support for this case.

There was never an I-864 reviewed by NVC. This is a K3 case. Nevertheless, it is correct that the current sufficient and documented income should have qualified him as a sponsor.

Thank you Thank you Thank you, that is the best thing I could have gotten. I am going to try to use this at the embassy.

I understand what you mean, however if that is the case why do they say Unemployment Compensation may be included as income? What is the point of including it in income if it will not be considered toward the 125%?

Now you're catching on.

But.......we still don't have a good reason as to why this matters. In other words, why they are asking for an I864 in the first place.

I was in the other thread, can't the lawyer file an amended I 134 or I 864 with a co sponsor and have the papers faxed to the embassy or the OP.

I didn't see where they asked for an I 864, the OP seems to have a couple different threads here. Would a faxed amended I 134 be accepted with a co sponsor?

Who is they? Unemployment compensation is taxable income, so it shows on a tax return but it is neither earned income or passive income and it isn't sustainable. A Consular officer would be a fool to consider it in any positive way in the process of deciding the likelyhood of an applicant becoming a public charge. A smart one would consider the more unemployment compensation used, the less to be available if needed again soon.

The IRS is not the USCIS. One collects taxes. The other looks at income for an entirely different purpose.

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

I also understand that, the quote is from the adjudicators field manual, not the IRS, so 'they' in this case is USCIS.

But this is off-topic (as rj mentioned the real question is why he is submitting an I-864 at all) and I know you aren't here to answer my questions, so consider it cancelled - /back to topic.

Jas I wish you a speedy approval!

I think your question is still applicable, in a way. I think we've already established that the CO gave the OP the wrong form and that it is an I-134 that is needed. However, Consular officers don't study or use the USCIS adjudicator's manual. They make judgments on whether the intending immigrant is likely to become a public charge and have wide latitude in making such judgments. Based on the information we have, this particular CO is out of line, IMO.

Poverty Guideline for two people is not 21,000. I thought they count current income ( the money you make at your job now). I didn't know they only count IRS returns, not pay stubs and other documents that prove current income.



Size of Family Unit
Poverty Guidelines
125 Percent

1

$12,763

2
$17,113

3
$21,463

4
$25,813

5
$30,163

6
$34,513

7
$38,863

8
$43,213

Jas is looking at family unit size of 3 (2 people to support plus himself), thus the $21K

Even if the NVC did not review the Affidavit of Support. The petitioner makes $65,000.00 gross as a permanent, full time employee now. He stated he provided letters from employers proving this when he submitted his Affidavit of Support. $65,000.00 GROSS income is exceeds the 2007 poverty limit. So why does the guy need a joint or co sponsor?

The petioner's wife in India is PREGNANT.....So the Consular Officer is making them meet the 3 person in household requirement for 2007 Poverty Guidelines.

I do feel very bad for this guy. I dont think he even needs a co sponsor. ITR are based off last year, This is a new year. Why cant current income overide the income I made last year..


People do get better job offers that can be thousands of dollars more then you made last year. The immigration folks dont realize how much pain and hearache they are causing people. Let the man's wife come. Life can be very short.

I 134 for K3 not I 864 cuz that only if ure doin' AOS ... And if u want a co-sponsor he or she sould file I 134 as well.. co sponsor would help jus in case they really dont want to consider ur unemployment income.. and i agree, since ur wife will give birth sooner consul would consider the baby already as family member number 3.

I think readers to this thread should take a very important lesson from it - and the lesson is -

NO TWO CONSULATES ARE ALIKE.

Some of what Jas is experiencing is a bit unique to India. They seem to have a preoccupation with US income tax returns, even though the document is not technically required for I134.

So don't get all buggered out by what is happening with Jas. Read up on what works at your consulate and what does not. That goes for the bonafides, the financials - the whole ball of wax.

Thanks for your help all....

Now I am waiting for the docs to get here from USA and then I will go to the embassy directly to submit rather then the VFS office. A lady told me I can do that in my case, however the last guy I spoke to yesterday said they won't accept them...and the papers will take longer to process then my flight date

BTW, my income for the last few years was as follows and did submit all information to them but they still choose to ask me for a co-sponsor

2004 - 40k
2005 - 66k
2006 - 18.8k wages 13k unemployment
2007 - 65k

All they are doing is going by the most negative year....

Good luck JAS.

I am also going through new delhi embassy and after hearing the trouble they gave you...i am just so scared............. my husband's interview is on Tuesday.

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?

Business name won't work and neither will an I-864 for a K3 via. You need an individual. The business owner can use his business income but must personally sponsor.

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

A BIG congrats Jas

I am so happy for you, and all in time for your flight

Hey Jas,

Great news - glad to hear you got it all sorted out! Congratulations

Big big congratulations Jas And a few days short of your wife's final flying day. Lets hope they get that stamped passport back to you as quickly as possible and you're able to fly out on the 9th

Congratulations. Please help us help others by telling us what things you did in the interim to turn things around.

Congratulations Jas S. It is great news. Wish you all the best to your family