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Maria1208

Insufficient Income for the Affidavit of Support

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Good Day, Please I need some advice regarding our case,My husband and I lived and worked together in Macau for 1 year( June 2015 to June 2016) after that we return to the PHILIPPINES because I got pregnant and filed the petition through lockbox. It was approved on July 2016 and got email from NVC about the next process on August 2016. We paid for the visa fee, completed ds-260,  then they asked my husband to submit necessary documents including the Affidavit of Support, my husband decided to come back to the US on September 2016 and try to find a job and  to get some financial documents from Social Security, my husband is currently drawing SSA benefits because of his disability from his abdominal epilepsy.  He got the job on October 2016 at Walmart and waited for his first pay stub, we included this SSA benefits and his income in Walmart as well as the income of his co-sponsor which was his Mom and Step Dad who are drawing from their Social Security Retirement and income from their house rentals. Unfortunately, while working in Walmart my husband's  back condition got worst from his past car accident way back 2014. he got this disc herniated that needs to have a surgery and his doctor advised him that if he will not quit his job, he is going to paralyzed himself. He could not barely stand on his own. Then he quits to his job. 
He  requested for expeditious process on my case because he will have a surgery and no one could help him because his mom and dad were old and couldn't take care of him, the Embassy accepted it and expedite the process,Unfortunately while reviewing our paperwork they found out that my husband quits his job and drawing SSA benefits, they told that I cannot come to the US because the income is not enough and my In-laws were also drawing SS retirement benefit. We dont know what to do coz my husband really needs me, As of this time he is confined in the hospital. What should I do? Can I apply for a tourist Visa so I could help him for a while? please help me, 

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Sorry to hear about your husband's condition. :(

 

I suggest trying to find a joint sponsor. It can be anybody...not just relatives.

 

You can try for a tourist visa, but honestly...it sounds like it's pretty unlikely that they will accept your request. If the purpose is to take care of him, and already having a record of trying to obtain an immigrant visa and not being accepted, they'll likely think you're a risk to stay in the US instead of returning home. Maybe I'm wrong, but I think they wouldn't find enough strong ties to your home country to convince them that you would return.

Edited by geowrian

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Im sorry to hear about your husband, mine didnt meet the requirement as well after losing his job recently. However my sister in law offer to be a joint sponsor. The only way is to find a joint sponsor that would meet the income requirements. Getting a tourist visa may not work since you have an immigrant visa application so you are likely to be look at as with higher intention to stay. I hope your husband know someone willing to be a joint sponsor. Praying for his wellness as well. Hang in there. Things will get better. God bless!

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9 hours ago, Maria1208 said:

Is Social Security Benefit a public Assistance? coz my husband's joint sponsors got some assets and bank deposits shall we not use that?

Your husband's parents can list and document their assets.  Those that are "liquid" (meaning they could be liquidated within one year without harming the sponsor or their family) would be counted.  

 

Social Security is not public assistance but I suspect that the affidavit was completed incorrectly, as to their income.  If they own homes they rent to others, there is a good chance they showed an actual business loss for their rentals, which would make their actual "income" from line 22 of the 1040 form LESS than the total of their Social Security income.

 

In general, elderly joint sponsors are often not a good choice, because it is less likely they will actually be around to meet the obligations of the contract.

 

Consular officers are required to make a judgment call as to how likely it is the intending immigrant will become a public charge.  With your husband's circumstances and your joint sponsor's income situation, they have concluded it is likely you will become a public charge.  The only way to overcome this is with a more qualified joint sponsor with a plausible reason they would be willing to support you, until you can support yourself, if ever.

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Tourist visa will be very unlikely, once CO finds out that you are eligible for CR-1 they will refuse the B1/B2 and tell you to have your husband file a CR-1 for you.

 

Good thing to do is have your husband's family look for another joint sponsor if they have no investment account or assets to use in support of their income

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9 hours ago, pushbrk said:

Your husband's parents can list and document their assets.  Those that are "liquid" (meaning they could be liquidated within one year without harming the sponsor or their family) would be counted.  

 

Social Security is not public assistance but I suspect that the affidavit was completed incorrectly, as to their income.  If they own homes they rent to others, there is a good chance they showed an actual business loss for their rentals, which would make their actual "income" from line 22 of the 1040 form LESS than the total of their Social Security income.

 

In general, elderly joint sponsors are often not a good choice, because it is less likely they will actually be around to meet the obligations of the contract.

 

Consular officers are required to make a judgment call as to how likely it is the intending immigrant will become a public charge.  With your husband's circumstances and your joint sponsor's income situation, they have concluded it is likely you will become a public charge.  The only way to overcome this is with a more qualified joint sponsor with a plausible reason they would be willing to support you, until you can support yourself, if ever.

Is Social Security Benefit a public Assistance? coz my husband's joint sponsors got some assets and bank deposits shall we not use that?

 

9 hours ago, pushbrk said:

Your husband's parents can list and document their assets.  Those that are "liquid" (meaning they could be liquidated within one year without harming the sponsor or their family) would be counted.  

 

Social Security is not public assistance but I suspect that the affidavit was completed incorrectly, as to their income.  If they own homes they rent to others, there is a good chance they showed an actual business loss for their rentals, which would make their actual "income" from line 22 of the 1040 form LESS than the total of their Social Security income.

 

In general, elderly joint sponsors are often not a good choice, because it is less likely they will actually be around to meet the obligations of the contract.

 

Consular officers are required to make a judgment call as to how likely it is the intending immigrant will become a public charge.  With your husband's circumstances and your joint sponsor's income situation, they have concluded it is likely you will become a public charge.  The only way to overcome this is with a more qualified joint sponsor with a plausible reason they would be willing to support you, until you can support yourself, if ever.

Maybe we filled out the affidavit of support incorrectly, May I know how much is the required income? before my husband got hospitalized they called him saying that Social security benefit is a public assistance,  they said even if they gonna schedule me for medical or interview thats just a formality and they will deny me. What about my in-laws bank deposits, we also included it on the affidavit of support we even sent them all the land and house titles.

I cant talk to my husband now coz he is in the ICU. And its so hard because they didnt even consider my husband's situation.

 they said if we want to fix we should get an immigration lawyer

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Good Day, Please I need some advice regarding our case,My husband and I lived and worked together in Macau for 1 year( June 2015 to June 2016) after that we return to the PHILIPPINES because I got pregnant and filed the petition through lockbox. It was approved on July 2016 and got email from NVC about the next process on August 2016. We paid for the visa fee, completed ds-260,  then they asked my husband to submit necessary documents including the Affidavit of Support, my husband decided to come back to the US on September 2016 and try to find a job and  to get some financial documents from Social Security, my husband is currently drawing SSA benefits because of his disability from his abdominal epilepsy.  He got the job on October 2016 at Walmart and waited for his first pay stub, we included this SSA benefits and his income in Walmart as well as the income of his co-sponsor which was his Mom and Step Dad who are drawing from their Social Security Retirement and income from their house rentals. Unfortunately, while working in Walmart my husband's  back condition got worst from his past car accident way back 2014. he got this disc herniated that needs to have a surgery and his doctor advised him that if he will not quit his job, he is going to paralyzed himself. He could not barely stand on his own. Then he quits to his job. 
He  requested for expeditious process on my case because he will have a surgery and no one could help him because his mom and dad were old and couldn't take care of him, the Embassy accepted it and expedite the process,Unfortunately while reviewing our paperwork they found out that my husband quits his job and drawing SSA benefits, they told that I cannot come to the US because the income is not enough and my In-laws were also drawing SS retirement benefit. We dont know what to do coz my husband really needs me, As of this time he is confined in the hospital. What should I do? Can I apply for a tourist Visa so I could help him for a while? please help me, 

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9 minutes ago, Maria1208 said:

Is Social Security Benefit a public Assistance? coz my husband's joint sponsors got some assets and bank deposits shall we not use that?

 

Maybe we filled out the affidavit of support incorrectly, May I know how much is the required income? before my husband got hospitalized they called him saying that Social security benefit is a public assistance,  they said even if they gonna schedule me for medical or interview thats just a formality and they will deny me. What about my in-laws bank deposits, we also included it on the affidavit of support we even sent them all the land and house titles.

I cant talk to my husband now coz he is in the ICU. And its so hard because they didnt even consider my husband's situation.

 they said if we want to fix we should get an immigration lawyer

You probably do need the direct help of somebody who knows the ins and outs of the affidavit of support and what is considered "income" for Real Estate investors on Social Security.

 

SSA is public assistance.  Social Security retirement benefits are not.

 

Income requirements are based on household size, and are found on the I-864p.

 

To correctly determine his parents' "income", start with line 22 of the 1040 form for 2015, then subtract the taxable amount of Social Security Income, and add back ALL the Social Security income.  Be aware the number on line 22 might be negative instead of positive.  It often is for people with rental properties.

Edited by pushbrk

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21 minutes ago, pushbrk said:

You probably do need the direct help of somebody who knows the ins and outs of the affidavit of support and what is considered "income" for Real Estate investors on Social Security.

 

SSA is public assistance.  Social Security retirement benefits are not.

 

Income requirements are based on household size, and are found on the I-864p.

 

To correctly determine his parents' "income", start with line 22 of the 1040 form for 2015, then subtract the taxable amount of Social Security Income, and add back ALL the Social Security income.  Be aware the number on line 22 might be negative instead of positive.  It often is for people with rental properties.

Yes, we really need to.. may I know from your experienced, How much would be an immigration lawyer cost to fix our affidavit of support? I checked the one you told me about I-864p I didn't know about this form. Now, I remembered that we also include my husband's 2 kids whom not living with him and included me and my 2 in-laws.. We made a mistake. 

Edited by Maria1208

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