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Is Montreal getting stricter with the Affidavit of Support?

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Filed: IR-1/CR-1 Visa Country: Canada
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So recently 2 people who have gone to Montreal for interviews (both IR1/CR1) have been sent away without a visa and asked to submit more information for the Affidavit of Support.

In both cases the interviewer was a woman (maybe the same one - not sure).

In the first scenario the person had her Father as a joint sponsor, well above the poverty line, all good. When she went for her interview, as the Father has filed a joint tax return, they requested that the Wife fill in an I-864A as well.

What is wrong with this:

According to the adjudicator's field manual, if the sponsor filed a joint return all the applicant has to do is provide the individual sponsors slips (W2's 1099's etc) - to prove their individual income.

In the second scenario the person had income well above the poverty guidelines for several years. In the last year they became a student and their income decreased somewhat - however - still above the 125% required. They have been asked to provide 2008 returns and get a joint sponsor.

What is wrong with this:

Well first of all they make enough money to satisfy the affidavit of support, secondly according to the Adjudicators manual, the return from last year should not be required until filing due date - around mid-April. Also the person earned enough - so why is a joint sponsor required.

Anyway, I think it's worth tracking to see if the requirements are becoming more stringent - or perhaps it is just one CO that is unfamiliar with the USCIS guidelines.

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Filed: Country: Canada
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This has me worried too. I don't understand why joint sponsors were needed if they make above the income requirement... well half understand since the one person is a "student" now... and for the other I hope they get the info they want quickly and can be done with this.

I dont need or WANT a joint sponsor... So worried now. Atleast as a military member we need 100% instead of the 125%

I finally got my taxes done... one less worry.

Our interview is on the 24th...

our house is being packed up on the 20th and shipped away on the 21st and I am stressing about that... the movers think we are 3000 lbs OVER my weight limit! so if hubby gets delayed for some strange reason he has nowhere to live :(

Our Journey

6 June 2008- Mailed I130 to Toronto (DCF)

7 Nov 2008- I130 approved in Toronto!!

21 Nov 2008- Received Packet 3 from Montreal

4 Jan 2009- Mailed Packet back

9 Feb 2009- Medical in Toronto

24 Apr 2009- Interview in Montreal...Approved!!!

30 Apr 2009- Received Visa... few hours later crossed to border for the 6 day drive to Utah!!

6 Apr 2009- Arrived at our new HOME!!

13 May 2009- Welcome letter received

19 May 2009- Went to social security office and "applied" for SSN

22 May 2009- SS Card arrived in mail!! (I guess they did send in the paperwork at the interview...)

???????<<<<waiting for GC>>>>>>

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Filed: IR-1/CR-1 Visa Country: Canada
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I had my hubby mail me his tax return for this year just incase, I will let you know if they ask for it next week :)

Date of I-751 = 03/05/2011

NOA Date = 3/08/2011

Biometrics = 04/11/2011

Approved = 09/08/2011

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Filed: Citizen (apr) Country: Canada
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That is slightly concerning... But if they send us away and ask for a joint sponsor than that's what we'll do. My fiance makes above the 125% line but not by a huge margin, so I hope that's not a point of concern... But his income has increased steadily over the past couple years, so that might be our saving grace. Who knows!! Another thing for me to worry about... heh :wacko:

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Filed: IR-1/CR-1 Visa Country: Canada
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Very scary indeed. Could this have anything to do with the economy now?

Are they allowed to just change their standards at will?

Yeah, this is scary. My husband's income is a lot higher than the 125%... but, what if they decide that us buying a home (we did) was not how we should manage our finances :s

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Filed: AOS (pnd) Country: Iran
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Why should they ask for a joint sponsor if you make over the 125% poverty line? That's just wrong. I make well over that and if they tell me I need a joint sponsor, fur is going to fly!

Pandora and Hesam

K-3 Visa

Service Center : Vermont Service Center

Consulate : Montreal, Canada

Marriage : 2008-08-29 in Canada

I-130 Sent : 2008-10-14

I-130 NOA1 : 2008-10-20

I-130F NOA2 : 2009-05-04

I-129F Sent : 2008-11-25

I-129F NOA1 : 2008-11-28

I-129F NOA2 : 2009-05-04

NVC Received : 2009-05-12

Packet 3 Received : 2009-05-19

Packet 3 Sent : 2009-06-10

Interview: 2009-09-10 APPROVED

See my interview experience here: http://www.visajourney.com/forums/index.ph...=217544&hl=

Visa Received : 2009-09-16

US Entry : 2009-09-27

EAD received: 2009-12-21

AOS interview: 2010-02-05 (medical exam missing from documents)

Recieved RFE for missing medical exam that they lost. Submitted new exam March 10, 2010.

Notified that he is in background checks after submitting three service requests: July, 2010

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
So recently 2 people who have gone to Montreal for interviews (both IR1/CR1) have been sent away without a visa and asked to submit more information for the Affidavit of Support.

In both cases the interviewer was a woman (maybe the same one - not sure).

In the first scenario the person had her Father as a joint sponsor, well above the poverty line, all good. When she went for her interview, as the Father has filed a joint tax return, they requested that the Wife fill in an I-864A as well.

What is wrong with this:

According to the adjudicator's field manual, if the sponsor filed a joint return all the applicant has to do is provide the individual sponsors slips (W2's 1099's etc) - to prove their individual income.

In the second scenario the person had income well above the poverty guidelines for several years. In the last year they became a student and their income decreased somewhat - however - still above the 125% required. They have been asked to provide 2008 returns and get a joint sponsor.

What is wrong with this:

Well first of all they make enough money to satisfy the affidavit of support, secondly according to the Adjudicators manual, the return from last year should not be required until filing due date - around mid-April. Also the person earned enough - so why is a joint sponsor required.

Anyway, I think it's worth tracking to see if the requirements are becoming more stringent - or perhaps it is just one CO that is unfamiliar with the USCIS guidelines.

I wonder if it was the same woman interviewer that I had last July that had me scared about whether or not she was going to approve my visa because of using my continuing Cdn income for the affidavit of Support (she approved it after going to talk to someone more experienced in immigration law....if it wasnt OK the NVC wouldnt have approved it!)

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  • 6 months later...

This happened to me too. (Jerusalem consulate though )

The co sponsor makes OVER the 125% poverty guideline. Since i obsess a lot, i was calling the NVC every few days to be sure everything was okay with my husbands case. I specifically asked about the Affidavit of support and over 4 people told me it was okay. (Plus i looked up the numbers online and knew we were fine)

Now AFTER our interview i got an email stating i needed the co sponsors spouse to file an I864A...

I was so confused, worried and agitated. I know his gross income is OVER what it needs to be for a household of 7 plus my husband so 8 total. His adjusted gross income is 125,059 !!!!

why are they asking for the sponsors wife to fill out a 1864a then ?? $46,263 is what he needs for a family of 8.

I wonder why they asked for it. i obsessed and obsessed over again, finally i sent in the form and don't know how they will review it. Hopefully i will hear something soon, i sent it on Wednesday.

What worries me the MOST is that his wife does not work... so how can she combine anything to "meet the required guidelines" even though there is no need for anything to be met because he makes enough! :wacko:

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Filed: K-1 Visa Country: Canada
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oh god.

now i am very very worried. i have never been a very lucky person and i'm terrified that they're going to reject us because i have no income

(do have a co-sponsor that makes well- over, but i read someplace else that someone like me was denied).

AOS

05.17.10 - I-485/I-765 mailed

05.25.10 - NoA

06.25.10 - biometrics appt

07.02.10 - emailed that our case is moved to CSC!

07.14.10 - touched

07.21.10 - touched

08.03.10 - approved for EAD

08.05.10 - uscis mailed out EAD

08.09.10 - EAD received!

01.05.11 - a ###### RFE over 6 ###### months after the fact

02.01.11 - touched

02.14.11 - APPROVED (finally)!

02.25.11 - received green card in the mail

DONE WITH USCIS FOR 2 YEARS!

(thank christ)

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Filed: IR-1/CR-1 Visa Country: Canada
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oh god.

now i am very very worried. i have never been a very lucky person and i'm terrified that they're going to reject us because i have no income

(do have a co-sponsor that makes well- over, but i read someplace else that someone like me was denied).

Honestly, this is one more thing to worry about now.

I (the beneficiary) just graduated from grad school so obviously I don't have a job yet b/c Im waiting to relocate to the states blah blah. But my spouse has a good income and savings so Im hoping they won't give me hell. I hope age isn't a factor (i.e. being a young couple?).

Case Completed @ NVC: June 16th 2009

Medical in Toronto: Nov 3rd 2009

Interview in Montreal: Nov 16th 2009: APPROVED!!

Case completion to Interview: 5 long months!

ENTRY to US: November 23rd 2009 @ Pearson Airport

SSN received January 2010

PR card received January 2010

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Maybe someone can answer this question:

My fiance has been court ordered to pay off a debt he's had too long.

It comes right out of his paycheck.

It even shows it on his paystubs.

Would they still consider that income? Or would they minus it from his income since he's not able to spend the money himself?

Or is it maybe better to not bring paystubs to show that he does in fact have a debt and he's losing money every paycheck?

I mean, he still makes the money every month, but he loses a certain % of it right away.

Edited by Rhiann

~*Relationship Info In Profile And Fiance(e) Visa/Adjustment of Status/Removal Of Conditions Info In My Timeline*~

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Maybe someone can answer this question:

My fiance has been court ordered to pay off a debt he's had too long.

It comes right out of his paycheck.

It even shows it on his paystubs.

Would they still consider that income? Or would they minus it from his income since he's not able to spend the money himself?

Or is it maybe better to not bring paystubs to show that he does in fact have a debt and he's losing money every paycheck?

I mean, he still makes the money every month, but he loses a certain % of it right away.

Pfft, I actually found out the answer through my fiance.

Oh well.

He makes enough even with the debt off. I just wonder if we're going to have to explain it if they see it on the paystubs.

~*Relationship Info In Profile And Fiance(e) Visa/Adjustment of Status/Removal Of Conditions Info In My Timeline*~

Looking for your favourite Canadian foods that you can't find in the US?

Try this site! http://www.canadianfavourites.com/

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Filed: Citizen (apr) Country: Canada
Timeline

I've got an Affidavit of Support question:

My fiancee will have a co-sponsor, so as I understand it both her and the co-sponsor must fill out a I-134.

But does that mean that she also needs to provide all evidence of support, or is it just the co-sponsor that provides evidence?

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