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I had thought we were home free as we made it to the interview stage with no issues whatsoever. The interview went ahead and although no questions were really asked, they just said that "Intent for Domicile" is not an option under any circumstances and we need a sponsor. I had a lot of paperwork to this effect included my signed US contract which well over the poverty line (I live abroad with my wife - getting moved back to the US for work).

So we got my parents to sponsor (The beneficiary's in-laws) and although retired, I believed they met the criteria without having to include assets.

The embassy ruled it wasn't enough - The reason was that once they applied their tax credits, they were under the threshold. Being retired they are entitled to a lot of tax credits (credits, not deductions) so it skews things on paper.

We are considering our next steps but have a few questions. My wife will be asking the embassy but it may be some time and it would nice to be prepared before.

1.) What number should they actually be using for assessment? I thought it was Gross but could they be correct that it is Gross - Tax Credits?

2.) The beneficiary mother in law (my mother) has new retirement income that started Jan 1st - Can this be included even though it wouldn't be on a tax return until April?

3.) They have cash assets (We were told stock holdings and property don't count)but they fall just under the 3X threshold. Can a combination of income and assets be considered? The embassy was unsure and thought it may be one or the other.

4.) The embassy said we also need an I864-A - Can anyone advise on the actual forms that should be completed when it is the in-laws of the beneficiary?


Edited by Jasontnyc



07/23/2012: I-130 Sent from Ireland

07/24/2012: USPS Delivery Confirmation

07/27/2012: NOA1 E-mail

08/06/2012: NOA2 E-mail

08/07/2012: NOA1 (i-797 Rec'd Hard copy via snail mail)


08/10/2012: NVC received

08/24/2012: Case number/IIN

08/24/2012: DS-3032 sent (10 minutes after Case Number received ;) )

09/05/2012: DS-3032 accepted (via email although NVC later said they never received ?!?)

09/05/2012: Got the pre-invoicing error: "You cannot make online payments for your case at this time. Please contact the NVC if you have questions or need further information."

09/06/2012: AOS Bill paid

09/07/2012: AOS Bill Status Changed to "PAID"

09/10/2012: AOS Package sent

09/12/2012: Sent hardcopy of DS-3032

09/24/2012: IV Bill Invoiced

09/24/2012: IV Bill paid

09/25/2012: IV Bill Status Changed to "PAID"

09/25/2012: IV Package sent

10/04/2012: Case complete at NVC

10/12/2012: Interview scheduled (Interview Date: 12/17/2012)


11/05/2012: Embassy received

11/13/2012: Medical

12/17/2012: Interview - Joint Sponsor Required to to my residency in Ireland

12/18/2012: I-864 Sent from US to Embassy

02/01/2013: Visa

04/22/2012: POE

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I am sorry, but taking taxes into account when doing the AoS isn't uncommon, especially when the petitioner is living abroad. our consulate is particulary difficult about this.

I am pretty sure you can you a combination of assets and income for the I864 but I hope someone chimes in and verifies.

good luck

August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2

February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete

May 4, 2009

May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011


April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony


September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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