I-864 DENIAL..Affidavit of Support

[jivany 0]

Hi all

I am about to send in my AOS? Question...I meet the poverty income requirements for 2011. But barely. I also met them for 2010 at 125% but not for 2009, as I was not working a full year d/t the economy sucking. Anyways, if I send in my tax return for 2011, is there a good chance that I will be denied? Would it be safer to add my dad as a co-sponsor? I'm pretty nervous about it....please let me know what y'all think?

[EAbbas 213]

When you say barely do you mean not even 1k above or just a couple of thousands above? if it's more than 2k or 3k you would probably be fine on your own since they look at the current year mainly (even tho they like to see consistent work behavior and income thru past taxes)

But If your dad is willing to be co sponsor i would take him up on it! Just to not have anything such as 221g for co sponsor at interview!

[jivany 0]

Well, I would say a little over 1k....is it possible for them to deny me, even though i meet the requirements?

[EAbbas 213]

they may or may not ask for joint sponsor... but since your dad has said he could co sponsor then i would prepare for that just in case.

Each embassy is a little different for example i make over 1k the requirments but have over 122k in stocks that can be liquidated with no penalties for 5 more years. At first the said they couldnt take the assets.. but they eventually did.

if it were me and you have a person willing to co sponsor i would go ahead and prepare to have them co sponsor just in case

Edited March 29, 2012 by EAbbas

[superpotsky 13]

The most important is that your recently Income Tax Return which is 2011 shows that you meet the poverty guidelines.You can alao send your bank account statements savings, checking etc. any assets you have.

[pushbrk 12,106]

Hi all

I am about to send in my AOS? Question...I meet the poverty income requirements for 2011. But barely. I also met them for 2010 at 125% but not for 2009, as I was not working a full year d/t the economy sucking. Anyways, if I send in my tax return for 2011, is there a good chance that I will be denied? Would it be safer to add my dad as a co-sponsor? I'm pretty nervous about it....please let me know what y'all think?

If you are mailing an affidavit of support to NVC, then it's not for any K3 visa. It would be for a CR1 or IR1. Whether you qualify as the sponsor depends on your current income, not your past income. A Consular Officer, not NVC, will make the decision on the public charge issue after considering the totality of circumstances. If you barely qualify based on current income, I would have that joint sponsor's affidavit and supporting documentation in hand at the interview.

[jivany 0]

Wait....can I use money in my savings? Because I have about 5-6k in savings? Will that help?

[jivany 0]

The most important is that your recently Income Tax Return which is 2011 shows that you meet the poverty guidelines.You can alao send your bank account statements savings, checking etc. any assets you have.

Wait...I can show my savings as an asset? Because I meet the poverty guidelines on my tax return...and i have an extra 5-6k in savings...I can use those assets to help bolster my case?

[Bleauwolf 9]

Hi Jivany,

Three years of tax returns is showing a basic history on you. Since 2009 your income situation has improved and shown stable (above the poverty guidelines) for the past two years. This is a positive thing for you.

You said that for 2011 you passed the poverty guideline "barely". Nevertheless, you passed it and that's what's important. I don't think you're a probability for denial simply because in 2011 you were closer to the poverty cut-off.

Adding your dad as a co-sponsor will certainly boost the overall picture regarding the I-864, if you choose to do that, just be sure you (and your dad) read the details of being a co-sponsor and the legal responsibility of being a co-sponsor.

Remember, you also can do two additional things.

1) If you feel you want to clarify/explain some of the variation in your income, you can always add a personal statement as an attachment to your I-864. (I would point out how any job situation has improved).

2) If you've been with the same employer for some time and have a decent record with them, you can also always consider adding a letter from your employer as well. Simply, the letter would clarify your length of employment, a positive note of your work performance, and a word about your continued stable employment.

The overall picture of a steady work history, financial stability and responsibility is what's being considered. The paramount question they are evaluating is: how likely and realistically is the US sponsor going to be able to support the visa applicant once they are living here in the US. -OR- another way to put it is: how likely are the chances that the visa applicant could become a ward of the state (the meaning is... how likely is the chance the applicant could become dependent on government welfare and benefits to survive in the US).

To put it simply: the US and State government have enough of their own US citizens that are in need of government aid, they are NOT going to allow a visa applicant to come to the US to add to the list. Hence, the I-864 and all the related questions. The government is trying to get a clear picture to determine your financial suitability (and work stability) to support the foreigner you are petitioning.

Ultimately, you need to realistically decide for yourself if you feel it would be better to add a co-sponsor or not. Adding one (as long as they know what they are getting into) certainly will not hurt your case in any way.

In regards to your second post. Certainly, if you have a savings account, get a letter from your bank stating such or add the most recent statement from your saving account.

Hope this can give you some perspective on things and be of some help.

Best Wishes,

~Bleauwolf

Edited March 29, 2012 by Bleauwolf

[EAbbas 213]

Wait....can I use money in my savings? Because I have about 5-6k in savings? Will that help?

yes you can use savings and list it on the i864

[pushbrk 12,106]

yes you can use savings and list it on the i864

Yes but savings isn't income. It takes $3 of savings to offset $1 in income shortfall, technically. However, it's a judgment call and I doubt a Consular officer is going to consider that amount of money as being available for support. It will probably mostly be spent on travel and other immediate expenses by the time, your spouse has been in the USA a month or two.

[EAbbas 213]

Yes but savings isn't income. It takes $3 of savings to offset $1 in income shortfall, technically. However, it's a judgment call and I doubt a Consular officer is going to consider that amount of money as being available for support. It will probably mostly be spent on travel and other immediate expenses by the time, your spouse has been in the USA a month or two.

he asked if he could use the savings.. i said he could because it can be included in assets in the worksheet but if you read what i've posted prior i keep saying to use the Co sponsor... Ive been thru ISL embassy i think I know how it works.. as i showed him our situation and told him twice to use the co sponsor

Edited March 29, 2012 by EAbbas

[pushbrk 12,106]

he asked if he could use the savings.. i said he could because it can be included in assets in the worksheet but if you read what i've posted prior i keep saying to use the Co sponsor... Ive been thru ISL embassy i think I know how it works.. as i showed him our situation.

Then, as you know, the real answer to the question is "YES, but don't expect it to actually help you qualify as sponsor". It was both an incomplete question and incomplete answer. The question was really, can I use my $6,000 in savings instead of the a joint sponsor. Answer to the question including "instead" is what I gave.

[EAbbas 213]

Then, as you know, the real answer to the question is "YES, but don't expect it to actually help you qualify as sponsor". It was both an incomplete question and incomplete answer. The question was really, can I use my $6,000 in savings instead of the a joint sponsor. Answer to the question including "instead" is what I gave.

I gave NO INCORRECT information and for you to make accusations I did is simply wrong on your side.

And by the way this is off topic from the OP

not commenting further on this thread since you have it handled!

Edited March 29, 2012 by EAbbas

[Penguin_ie 5,985]

*** Let's keep in mind that we are all here to help the OP, and that not everyone here is a native English speaker. ******