So I don't know what to believe

[sulamita 0]

I called Nvc last week and was told by 2 different rep that my case was closed and forwarded to the embassy, but now I received a checklist being told that I need to provide financial evidence and need to get a co-sponsor which I have, my brother. Could this be a mistake? I don't know I might call again tonite. Any advise?

[pushbrk 12,145]

I called Nvc last week and was told by 2 different rep that my case was closed and forwarded to the embassy, but now I received a checklist being told that I need to provide financial evidence and need to get a co-sponsor which I have, my brother. Could this be a mistake? I don't know I might call again tonite. Any advise?

What is the actual text of the notice? Are you certain your brother actually qualifies as sponsor?

I suspect your notice says the following. If so, it's a warning, not a request for anything. Note the bold below. Also read this thread.

http://www.visajourney.com/forums/topic/287684-case-complete-then-got-rfe/

______FINANCIAL EVIDENCE:__________________________________________

The NVC has received the information you have submitted in reference to

the Affidavit of Support. 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. To view the current poverty guidelines, visit

http://www.uscis.gov...orm/I-864P.pdf.

If you decide to use a Joint Sponsor to assist in sponsoring the intending

immigrants, please note that you the sponsor may not use Form I-864EZ

and will also need to submit Form I-864

Edited December 22, 2010 by pushbrk

[sulamita 0]

Yes that is exactly what it says. Thanks, I can breath again. My brother's income for 2010 is a little over 31000 and his household is of 4, the poverty line for a family of 4 at 125% is of $27,563, he did send paystubs for the past 6 months which put him way over 60,000 for this year but should I find another co sponsor anyway? THANK U SO MUCH FOR YOUR REPLY.

[Wayne and Claudia 40]

Yes that is exactly what it says. Thanks, I can breath again. My brother's income for 2010 is a little over 31000 and his household is of 4, the poverty line for a family of 4 at 125% is of $27,563, he did send paystubs for the past 6 months which put him way over 60,000 for this year but should I find another co sponsor anyway? THANK U SO MUCH FOR YOUR REPLY.

You state that his income for 2010 is 31k yet for the last 6 months it put him over 60k for the year. Will he earn 60k this year or 31k this year? 31k is close, but if he will earn 60k for this year you should be fine.

[pushbrk 12,145]

Yes that is exactly what it says. Thanks, I can breath again. My brother's income for 2010 is a little over 31000 and his household is of 4, the poverty line for a family of 4 at 125% is of $27,563, he did send paystubs for the past 6 months which put him way over 60,000 for this year but should I find another co sponsor anyway? THANK U SO MUCH FOR YOUR REPLY.

We need accurate information to be sure but if he's an employee with documented income, you should be ok. Just what was stated for 07, 08 and 09 income? Was it taken from line 22 of the tax return and was it his own personal income rather than joint income with his spouse? If joint income, that's a different can of worms. Something is out of whack here. If your joint sponsor's income was actually sufficient and properly documented, you should not have received the notice you mention.

[Aztec&Taino 144]

Yes that is exactly what it says. Thanks, I can breath again. My brother's income for 2010 is a little over 31000 and his household is of 4, the poverty line for a family of 4 at 125% is of $27,563, he did send paystubs for the past 6 months which put him way over 60,000 for this year but should I find another co sponsor anyway? THANK U SO MUCH FOR YOUR REPLY.

If your brother's household is 4, then you need to add yourself and your fiance(e) to your brother's household family (assuming neither you nor your fiance(e) have any children). Then, the household size would be 6, not 4.

[pushbrk 12,145]

If your brother's household is 4, then you need to add yourself and your fiance(e) to your brother's household family (assuming neither you nor your fiance(e) have any children). Then, the household size would be 6, not 4.

The US Citizen petitioner is not counted as part of the joint sponsor's household unless they live at the same address and are combining income. US Citizens don't need sponsors. I expect any issue has to do with a discrepancy between the income from line 22 of the sponsor's tax return and either the income requirement itself or the stated "current income" not being adequately documented or both. These errors are more common than the household size as NVC tends to make sure THAT is properly dealt with before completing the case.

Best to assume the affidavit is accurate with respect to household size but that the tax return doesn't indicate a qualified income.

Edited December 23, 2010 by pushbrk

[Aztec&Taino 144]

The US Citizen petitioner is not counted as part of the joint sponsor's household unless they live at the same address and are combining income. US Citizens don't need sponsors. I expect any issue has to do with a discrepancy between the income from line 22 of the sponsor's tax return and either the income requirement itself or the stated "current income" not being adequately documented or both. These errors are more common than the household size as NVC tends to make sure THAT is properly dealt with before completing the case.

Best to assume the affidavit is accurate with respect to household size but that the tax return doesn't indicate a qualified income.

Really? I thought the co-sponsor needed to prove that he or she would be financially responsible, not only for his or her family, but for the petitioner and the beneficiary as well (since, for whatever reason, the petitioner could not meet the minimum poverty guidelines).

[Nataliya-Ron 7]

Really? I thought the co-sponsor needed to prove that he or she would be financially responsible, not only for his or her family, but for the petitioner and the beneficiary as well (since, for whatever reason, the petitioner could not meet the minimum poverty guidelines).

Your correct, they petetionier doesnt have say 3 years back taxes it than required that

the petetionier has a co sponsor to act in behalf of the income support of the person

coming iunto the country so they dont becme a burden of the government if should

the petetionier is not be able to support the spouse.

IT USCIS law that is required if the petetionier doesnt have a high enough income,

and or 3 years back taxes, as it states on the I-864 forms on how to file and I-864

Good Luck

Happy Holidays

[pushbrk 12,145]

Really? I thought the co-sponsor needed to prove that he or she would be financially responsible, not only for his or her family, but for the petitioner and the beneficiary as well (since, for whatever reason, the petitioner could not meet the minimum poverty guidelines).

You thought wrong. The US Citizen petitioner is not counted in the joint sponsor's household unless they actually live together and qualify as household members.

Your correct, they petetionier doesnt have say 3 years back taxes it than required that

the petetionier has a co sponsor to act in behalf of the income support of the person

coming iunto the country so they dont becme a burden of the government if should

the petetionier is not be able to support the spouse.

IT USCIS law that is required if the petetionier doesnt have a high enough income,

and or 3 years back taxes, as it states on the I-864 forms on how to file and I-864

Good Luck

Happy Holidays

No, he's wrong. A joint sponsor filing an I-864 does not count the petitioner in their household size. If the petitioner is a household member, the joint sponsor files an I-864a.

[Nataliya-Ron 7]

That right, but they live in the same house so it included as so.

The co sponsor can also live inthe same house also,

Parent, reletive or family member, cousin anybody whos the

part of the I-864

Good Luck

[pushbrk 12,145]

That right, but they live in the same house so it included as so.

The co sponsor can also live inthe same house also,

Parent, reletive or family member, cousin anybody whos the

part of the I-864

Good Luck

You're simply WRONG. In this case, the OP did not mention living in the same house or having his brother complete an I-864a as a household member. His brother filled out an I-864, indicating they are NOT part of the same household. You simply do NOT understand the circumstances of which you speak.

PLEASE stop posting about things you don't understand. I'm getting tired of correcting your mistakes. (Often multiple times in the same thread) People need accurate information here. It's critical to their future happiness.

Edited December 23, 2010 by pushbrk

[sulamita 0]

Thanks for all of you replies, but now I am more confuse. Here is the issue, I live in the Dominican Republic, I filled out all paperwork and application using my brother´´s NY address since I plan to establish domicile in NY for which I sent proof and since we have same address, technically we live in the same household (or so I thought) and he did fill out an I864A. I just got a call from my brother 2 minutes ago saying that it seems that we filled out the wrong form, he will let me know exactly what the letter states tomorrow as he doesn´t have it in front of him, so this goes back to my initial concern is this an RFE ? is my case not yet completed thanks again for your replies and I´m sorry this post has cost some misunderstanding and argument´but just keep in mind we´re all here to help eachother out as we´re all going through the same process together.

[pushbrk 12,145]

Thanks for all of you replies, but now I am more confuse. Here is the issue, I live in the Dominican Republic, I filled out all paperwork and application using my brother´´s NY address since I plan to establish domicile in NY for which I sent proof and since we have same address, technically we live in the same household (or so I thought) and he did fill out an I864A. I just got a call from my brother 2 minutes ago saying that it seems that we filled out the wrong form, he will let me know exactly what the letter states tomorrow as he doesn´t have it in front of him, so this goes back to my initial concern is this an RFE ? is my case not yet completed thanks again for your replies and I´m sorry this post has cost some misunderstanding and argument´but just keep in mind we´re all here to help eachother out as we´re all going through the same process together.

Can't answer your question reliably without knowing exactly what the RFE says, at minimum. The devil is in the details and your initial explanation seems to be lacking and/or inaccurate.