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Dutch88

What happens if the affidavit of support gets denied? Can we wait?

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My fiance and I dont wanna wait till the tax returns in januari and we hope that having a letter of employement from her employer and pay stubs will be enough proof for the affidavit. Were kinda taking a gamble here i guess but if you love someone you try to cut some corners. If it turns out its not enough proof, what happens? Do we have to start the entire proces over again or can we wait till we get the tax returns?


09/21/2015: I-129F petition mailed

09/23/2015: Delivered to USCIS, petition received

09/25/2015: NOA1 notice date, routed to CSC

09/28/2015: NOA1 E-notification

10/27/2015: RFE E-notification

11/02/2015: RFE letter received (USCIS needs evidence that the site we met on is not an international marriage broker)

11/03/2015: RFE response mailed with overnight priority mail express to CSC

11/04/2015: RFE received by USCIS

11/09/2015: Approved!!! E-notification NOA2

11/19/2015: NVC received

11/27/2015: Case arrived at consulate

12/01/2015: Packet 3 received

01/16/2016: Packet 4 received

02/16/2016: Medical exam

02/23/2016: Approved!!!

04/26/2016: Entered USA

07/23/2016: Adjusting status, NOA1

12/16/2016: Interview, Approved!!!

02/02/2017: Green card in mail!

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You get them online ..your fiance has to log in and print them out. Not sure what one you're talking about ..the W-2?


Our Story

I'm the benificary

First met: August 23rd 2013 (F)
Engaged: November 13th 2014 :wub:
I-129f sent: March 20th 2015
Received by USICS: March 25th 2015
Mail notification + Case accepted and routed to CSC:
March 27th 2015

NOA1 hard Copy received: April 4th 2015 :dancing:

Mail notification - Petition Approved NOA2: May 8th 2015

B-) NOA2 hard Copy received: May 15th 2015 :thumbs::dance:

Called NVC & Received Case NR: May 29th 2015 :thumbs:

At NVC: Since 21th May 2015

Stuck at AP :clock:

left NVC/ In Transit to Frankfurt: 3rd June 2015 :dancing:

Ready at Embassy Frankfurt: 5th June 2015 :wow:

Packet 3 received: 11th June 2015

DS-160 Submitted: 16th June 2015

Fee paid: 18th June 2015

Package 3 sent: 13th July 2015

Ready to schedule Interview: 16th July 2015
Medical passed: 21st July 2015

Interview: 5th August 2015 :star: -> Approved

POE: 27th August 2015

Date of Marriage: 3rd September 2015 (L):luv:

:energy::energy::energy: :energy: :energy::energy:

AOS

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You get them online ..your fiance has to log in and print them out. Not sure what one you're talking about ..the W-2?

Sorry i shouldve put more information in my post. She didnt make enough money for the 125% poverty rate in 2014. She is making enough this year. For the K1 it says you need to add tax returns to your documents showing proof she has enough income. So that means waiting until at least january 2016. But we don't really want to wait to start the K1 visa proces till she can do her taxes next year. So Ive asked around on this forum and some people say having a letter of employement and pay stubs is enough evidence to get aproved (which will save us like 6 months).

So i'm wondering, what if they say at the consulate that its not enough proof of support and they want to see tax returns instead of pay stubs. Do we need to start the entire proces over (beginning with the I-129F), or can we just wait a few weeks/months to show them the tax returns.

Edited by Dutch88

09/21/2015: I-129F petition mailed

09/23/2015: Delivered to USCIS, petition received

09/25/2015: NOA1 notice date, routed to CSC

09/28/2015: NOA1 E-notification

10/27/2015: RFE E-notification

11/02/2015: RFE letter received (USCIS needs evidence that the site we met on is not an international marriage broker)

11/03/2015: RFE response mailed with overnight priority mail express to CSC

11/04/2015: RFE received by USCIS

11/09/2015: Approved!!! E-notification NOA2

11/19/2015: NVC received

11/27/2015: Case arrived at consulate

12/01/2015: Packet 3 received

01/16/2016: Packet 4 received

02/16/2016: Medical exam

02/23/2016: Approved!!!

04/26/2016: Entered USA

07/23/2016: Adjusting status, NOA1

12/16/2016: Interview, Approved!!!

02/02/2017: Green card in mail!

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Sorry i shouldve put more information in my post. She didnt make enough money for the 125% poverty rate in 2014. She is making enough this year. For the K1 it says you need to add tax returns to your documents showing proof she has enough income. So that means waiting until at least january 2016. But we don't really want to wait to start the K1 visa proces till she can do her taxes next year. So Ive asked around on this forum and some people say having a letter of employement and pay stubs is enough evidence to get aproved (which will save us like 6 months).

So i'm wondering, what if they say at the consulate that its not enough proof of support and they want to see tax returns instead of pay stubs. Do we need to start the entire proces over (beginning with the I-129F), or can we just wait a few weeks/months to show them the tax returns.

They will give you an RFE for another sponsor. Depending on timing you will have what you need by yourself or you will have produce another sponsor. You won't get denied directly and have to start over.

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They will give you an RFE for another sponsor. Depending on timing you will have what you need by yourself or you will have produce another sponsor. You won't get denied directly and have to start over.

How long do they give you time for RFE? I was hoping that if we file now with a bit of luck we would be having the interview around the time she does her taxes but if it would come sooner we would need to wait maybe months for that.


09/21/2015: I-129F petition mailed

09/23/2015: Delivered to USCIS, petition received

09/25/2015: NOA1 notice date, routed to CSC

09/28/2015: NOA1 E-notification

10/27/2015: RFE E-notification

11/02/2015: RFE letter received (USCIS needs evidence that the site we met on is not an international marriage broker)

11/03/2015: RFE response mailed with overnight priority mail express to CSC

11/04/2015: RFE received by USCIS

11/09/2015: Approved!!! E-notification NOA2

11/19/2015: NVC received

11/27/2015: Case arrived at consulate

12/01/2015: Packet 3 received

01/16/2016: Packet 4 received

02/16/2016: Medical exam

02/23/2016: Approved!!!

04/26/2016: Entered USA

07/23/2016: Adjusting status, NOA1

12/16/2016: Interview, Approved!!!

02/02/2017: Green card in mail!

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Anyone?


09/21/2015: I-129F petition mailed

09/23/2015: Delivered to USCIS, petition received

09/25/2015: NOA1 notice date, routed to CSC

09/28/2015: NOA1 E-notification

10/27/2015: RFE E-notification

11/02/2015: RFE letter received (USCIS needs evidence that the site we met on is not an international marriage broker)

11/03/2015: RFE response mailed with overnight priority mail express to CSC

11/04/2015: RFE received by USCIS

11/09/2015: Approved!!! E-notification NOA2

11/19/2015: NVC received

11/27/2015: Case arrived at consulate

12/01/2015: Packet 3 received

01/16/2016: Packet 4 received

02/16/2016: Medical exam

02/23/2016: Approved!!!

04/26/2016: Entered USA

07/23/2016: Adjusting status, NOA1

12/16/2016: Interview, Approved!!!

02/02/2017: Green card in mail!

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Sorry i shouldve put more information in my post. She didnt make enough money for the 125% poverty rate in 2014. She is making enough this year. For the K1 it says you need to add tax returns to your documents showing proof she has enough income. So that means waiting until at least january 2016. But we don't really want to wait to start the K1 visa proces till she can do her taxes next year. So Ive asked around on this forum and some people say having a letter of employement and pay stubs is enough evidence to get aproved (which will save us like 6 months).

So i'm wondering, what if they say at the consulate that its not enough proof of support and they want to see tax returns instead of pay stubs. Do we need to start the entire proces over (beginning with the I-129F), or can we just wait a few weeks/months to show them the tax returns.

You're gonna drive yourself crazy with all the "what ifs".

It is your current income that is considered for the affidavit of support. While the most recent tax return is generally required, it only gives an idea of your income level based on what you earned in the past. You have the opportunity to prove to the embassy your current level of income exceeds the poverty guidelines, especially if it is more than what you made last year. If they cannot see from the tax return alone that you meet the poverty guidelines then you can offer your current income proof and it will usually be accepted. When my wife had her visa interview, my most recent tax return was too low but my current income was just fine. They accepted my affidavit of support and she was approved without issue.


K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;

Interview Waiver Letter:  01/02/2015;  RFE:  07/09/2015;

Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

05/23/2017 -- Mailed ROC application

05/24/2017 -- NOA1 date

05/30/2017 -- NOA1 received in the mail

06/05/2017 -- Biometrics letter received

06/13/2017 -- Biometrics appointment

09/05/2018 -- Approved without interview!

09/13/2018 -- 10 Yr Green card Received

 

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You're gonna drive yourself crazy with all the "what ifs".

It is your current income that is considered for the affidavit of support. While the most recent tax return is generally required, it only gives an idea of your income level based on what you earned in the past. You have the opportunity to prove to the embassy your current level of income exceeds the poverty guidelines, especially if it is more than what you made last year. If they cannot see from the tax return alone that you meet the poverty guidelines then you can offer your current income proof and it will usually be accepted. When my wife had her visa interview, my most recent tax return was too low but my current income was just fine. They accepted my affidavit of support and she was approved without issue.

Thanks!!!


09/21/2015: I-129F petition mailed

09/23/2015: Delivered to USCIS, petition received

09/25/2015: NOA1 notice date, routed to CSC

09/28/2015: NOA1 E-notification

10/27/2015: RFE E-notification

11/02/2015: RFE letter received (USCIS needs evidence that the site we met on is not an international marriage broker)

11/03/2015: RFE response mailed with overnight priority mail express to CSC

11/04/2015: RFE received by USCIS

11/09/2015: Approved!!! E-notification NOA2

11/19/2015: NVC received

11/27/2015: Case arrived at consulate

12/01/2015: Packet 3 received

01/16/2016: Packet 4 received

02/16/2016: Medical exam

02/23/2016: Approved!!!

04/26/2016: Entered USA

07/23/2016: Adjusting status, NOA1

12/16/2016: Interview, Approved!!!

02/02/2017: Green card in mail!

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Hello, I see that your case was approved Congrats!!!! I'm in a very similar situation. I'm the petitioner and I lived out of the country the last 2 and a half years so I show no income for that time. (I had sold my house and was traveling on that income). But I currently have a great job with sufficient income. I went back to the same company I was with before and have a letter that states my hire date as 2008 and my re-hire date as 5 months ago. I'm hoping they will consider my current income (for the last 5 months) and savings account and they will accept my 134 without issue. (K1 process, interview at his embassy next week).

Did you end up needing a co-sponsor? Or did they accept your fiance's current employment information?

In case OP is out, does anyone else know if this should be sufficient? We have had trouble finding a backup..

Thanks

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Hello, I see that your case was approved Congrats!!!! I'm in a very similar situation. I'm the petitioner and I lived out of the country the last 2 and a half years so I show no income for that time. (I had sold my house and was traveling on that income). But I currently have a great job with sufficient income. I went back to the same company I was with before and have a letter that states my hire date as 2008 and my re-hire date as 5 months ago. I'm hoping they will consider my current income (for the last 5 months) and savings account and they will accept my 134 without issue. (K1 process, interview at his embassy next week).

Did you end up needing a co-sponsor? Or did they accept your fiance's current employment information?

In case OP is out, does anyone else know if this should be sufficient? We have had trouble finding a backup..

Thanks

Just provide recent pay stubs and a letter from your employer stating how much you make, and you should be good to go.


Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

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