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RE-sponsoring (I-864) my husband(F2A) before loosing my job in september?

#1 mitra

mitra

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Posted 03 August 2011 - 03:38 PM

As a LPR I applied for i-130 for my husband in October 2009.So My husband is F2A.
In 2010 when the visa process was fast, they asked me to sponsor him (Affidavit of support). I was out of country living with him so my 2010 income was just$5000. we both showed that together we have sufficient assets (bank statements inside & outside of the U.S.) to reach the poverty level (5*18,400$)but NVC sent us a letter stating that:

Please be advised that you, as the Petitioner, do not appear to meet the minimum income requirement according to the current poverty guidelines to sponsor the intending immigrant(s) for this
petition. The consular officer will make a decision regarding this
requirement at the time of your interview
. In order to avoid delays, you
may wish to submit an additional Affidavit of Support (Form I-864) for a
Joint Sponsor to the National Visa Center to assist in sponsoring the
intending immigrants.

So I returned to the U.S. & it’s almost 4 months that I have been working here in the states(earned $13000 up to now). Since it’s probable that I loose my job in September, and my current employer’s letterhead shows the amount I earn per YEAR which is way higher that poverty line, I would like to see if i can resubmit I-864 or do something regarding my husband situation(I can’t find any joint sponsor.Please advise me if you have any idea

1-Is it possible that I fill out another I-864 adding my employer’s letterhead & my current pay stubs (which are still less than $18,400)? And if so, will they ask my husband to show evidence that I earned $18400 or still working, in the time of his interview which can be in 3 months?(depending on Visa bulletin process)

2- Can the consular or NVC ignore my 2010 low income if my pay stubs of this year show that I earned at MOST $19000?

3-If I can send another I-864 (affidavit of support), do you suggest me to do that right away or wait till my total income of all the months (including august +the first 2 weeks of september) I worked reaches $18,400?

Thanks for your comments
  • 0

#2 Miami_Boy

Miami_Boy

    Platinum Member



Posted 03 August 2011 - 05:19 PM

As a LPR I applied for i-130 for my husband in October 2009.So My husband is F2A.
In 2010 when the visa process was fast, they asked me to sponsor him (Affidavit of support). I was out of country living with him so my 2010 income was just$5000. we both showed that together we have sufficient assets (bank statements inside & outside of the U.S.) to reach the poverty level (5*18,400$)but NVC sent us a letter stating that:

Please be advised that you, as the Petitioner, do not appear to meet the minimum income requirement according to the current poverty guidelines to sponsor the intending immigrant(s) for this
petition. The consular officer will make a decision regarding this
requirement at the time of your interview
. In order to avoid delays, you
may wish to submit an additional Affidavit of Support (Form I-864) for a
Joint Sponsor to the National Visa Center to assist in sponsoring the
intending immigrants.

So I returned to the U.S. & it's almost 4 months that I have been working here in the states(earned $13000 up to now). Since it's probable that I loose my job in September, and my current employer's letterhead shows the amount I earn per YEAR which is way higher that poverty line, I would like to see if i can resubmit I-864 or do something regarding my husband situation(I can't find any joint sponsor.Please advise me if you have any idea

1-Is it possible that I fill out another I-864 adding my employer's letterhead & my current pay stubs (which are still less than $18,400)? And if so, will they ask my husband to show evidence that I earned $18400 or still working, in the time of his interview which can be in 3 months?(depending on Visa bulletin process)

2- Can the consular or NVC ignore my 2010 low income if my pay stubs of this year show that I earned at MOST $19000?

3-If I can send another I-864 (affidavit of support), do you suggest me to do that right away or wait till my total income of all the months (including august +the first 2 weeks of september) I worked reaches $18,400?

Thanks for your comments



I am assuiming that you're case was completed by NVC. YOU DONOT NEED TO SEND ANY KIND OF DOCUMENTS UNLESS NVC EMAIL TO YOU AND ASKING FOR IT. You also need fill up a new I-864 with supporting documents and submit at the time of interview.
Please follow the new poverty guideline as link for you: http://www.uscis.gov...form/i-864p.pdf

For losing your Job, it wont help you at all for your husbad's approval. I would highly recommend that you need to find co-sponsorship for your husband's approval. Most cases denied for above reason.

Good Luck!!

Edited by Miami_Boy, 03 August 2011 - 05:21 PM.

  • 0
US CITIZENSHIP


12-20-2012: SENT N-400 APPLICATION
12-21-2012: RECEIVED N-400 APPLICATION
12-27-2012: CHECK CASHED
12-28-2012: NOA RECEIVED
01-08-2013: BIO-METRIC COMPLETED
01-14-2013: INTERVIEW IN LINE FOR SCHEDULED

04-10-2013: INTERVIEW SCHEDULE AT 7:30 AM, TAMPA OFFICE...APPROVED:)))
04-23-2013: OATH CEREMONY AT TAMPA 1 PM...FINALLY USC.....


#3 mitra

mitra

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Posted 04 August 2011 - 11:23 AM

Miami Boy,

You mean that for each case the Consular asks for another I-864 at the time of interview? meaning that each sponsor does that twice? once when filing for the beneficiary and once when the beneficiary gets his interview?

Also, if this year i can make as high as poverty line, but loose my job at the time of my husband interview, will he be denied eventhough i made i.e.$20,000?

Thanks
Mitra
  • 0

#4 Miami_Boy

Miami_Boy

    Platinum Member



Posted 04 August 2011 - 12:31 PM

Miami Boy,

You mean that for each case the Consular asks for another I-864 at the time of interview? meaning that each sponsor does that twice? once when filing for the beneficiary and once when the beneficiary gets his interview?

Also, if this year i can make as high as poverty line, but loose my job at the time of my husband interview, will he be denied eventhough i made i.e.$20,000?

Thanks
Mitra


As per your previouse post, you mention that NVC sent you checklist that your previouse submitted I-864 will make decision on your consulate interview time. So if you want to beat the poverty guideline for your future interview, then you have to fill up new I-864 with new tax transcript where shows that you have enough income for supporting your spouse so he/she cannot get public charge in the future.

In I-864 is demanding your present income not previouse income. If you showed that you have lost your job, that means your present income level is 0. in that case you need to find co-sponser.

The best bet for you, Just wait for the interview schedule and will have enough time for you to figure out what you need to do so.

Best of Luck!!

Edited by Miami_Boy, 04 August 2011 - 12:32 PM.

  • 0
US CITIZENSHIP


12-20-2012: SENT N-400 APPLICATION
12-21-2012: RECEIVED N-400 APPLICATION
12-27-2012: CHECK CASHED
12-28-2012: NOA RECEIVED
01-08-2013: BIO-METRIC COMPLETED
01-14-2013: INTERVIEW IN LINE FOR SCHEDULED

04-10-2013: INTERVIEW SCHEDULE AT 7:30 AM, TAMPA OFFICE...APPROVED:)))
04-23-2013: OATH CEREMONY AT TAMPA 1 PM...FINALLY USC.....


#5 mr.blu

mr.blu

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Posted 04 August 2011 - 01:29 PM

As per your previouse post, you mention that NVC sent you checklist that your previouse submitted I-864 will make decision on your consulate interview time. So if you want to beat the poverty guideline for your future interview, then you have to fill up new I-864 with new tax transcript where shows that you have enough income for supporting your spouse so he/she cannot get public charge in the future.

In I-864 is demanding your present income not previouse income. If you showed that you have lost your job, that means your present income level is 0. in that case you need to find co-sponser.

The best bet for you, Just wait for the interview schedule and will have enough time for you to figure out what you need to do so.

Best of Luck!!



just to support miami boy's claim , you need a joint sponsor , otherwise it may result to denial ,,plus the domicile factor you need to prove to the consul that you've spent enough time here in US. Dont fall behind poverty line...find a joint sponsor a family member will do .

Best of luck to all of us!!
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#6 mitra

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Posted 07 August 2011 - 01:51 PM

thanks both of you.
Unfortunately there is no joint sponsor to help at all.That's why i returned to the States to work & hopefully became a citizen( in 2 months).From your comments i come to that i should keep my job till he gets his interview & at that time i should have made more than the poverty line.
Also it's possible that I re-submit another I-864 for my husband from my side to NVC( not the consular) close to his interview.
Am i right?

Thanks,

Mitra
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