What should I do?

[THEMSRILEY 4]

My husband has been back and forth with the embassy in Dakar, Senegal after his interview on April 12th. It started out that he need a joint sponsor and then his medical form was not completed. After they said we needed a joint sponsor, I just got a joint sponsor and sent him the information. We got everything done and he went back to the embassy and they told him again that he needed a joint sponsor. Here is my dilemma, he was told that my joint sponsor do not meet the income requirement for a household of 3. According to the instructions of the I-864 it says to use current income. The sponsor current income is enough for the household of three and checkstubs was submitted. However, the CO kept looking at the 2015 tax return for current income. What can I do to get this corrected? I do understand they sometimes want to see the past tax returns to see what the income was. But for the past three years the sponsor income has increased. What do you suggest that I can do, so they can verify the current annual income?

[Transborderwife 4,666]

Depending on how long the co sponsor has had this employment some consulates want a bit more of a history of steady income. This may be the case.

[THEMSRILEY 4]

He has been on his job since 2010

[Transborderwife 4,666]

Change of income can result in it as well

[THEMSRILEY 4]

Change in income, what do you mean? Same employer, income has increased each year. What can I do to for them to look at his current income?

[Transborderwife 4,666]

I don't think that you can do anything but not 100%

[Sulaimon & Brandy 20]

I'm not sure what to suggest but I have a thought. What about a letter from his employer? I don't know if it is possible for his job but for me I sent in a year to date with my employment letter. The year to date showed how much each one of my paychecks were for the entire year. Also is the 2015 tax return the actual tax return or is it a transcript?

[NikLR 13,220]

You can get a new joint sponsor. If 2015 was under the poverty guidelines the CO has the right to decide they're not qualified and ask for a new joint sponsor. There is nothing you can do about this but provide one.

I have seen people on this board with a 221g for a joint sponsor when one of the 3 last years were not over the poverty guidelines. The CO has the final decision on this.

[THEMSRILEY 4]

You can get a new joint sponsor. If 2015 was under the poverty guidelines the CO has the right to decide they're not qualified and ask for a new joint sponsor. There is nothing you can do about this but provide one.

I have seen people on this board with a 221g for a joint sponsor when one of the 3 last years were not over the poverty guidelines. The CO has the final decision on this.

I think that this totally unfair, thats just like someone who has a steady income for the last three years but not over the poverty guidelines and then they get a promotion, its not justified or a person who gets a new job and you will not accept. This entire immigration process needs to be revamped. You have rules and regulations, but these CO holds your fate in their hands. Then they ought not to have any guidelines just go on if they feel like it. If they have that right, then it needs to be put in the instructions and they need to have a guideline to follow for these cases and follow it. I just be glad when we are finished with all of it, just dont make any sense.

[NikLR 13,220]

The 3 year one tends to happen when people are working 2 or 3 jobs to make the poverty guidelines. Chances are theyre just doing it for the income and will quit after the spouse arrives. CO makes a call based on the evidence presented.

What did you present from your joint sponsor as proof of ongoing and current income?

I have personal opinions on joint sponsorship anyhow.

Edited May 16, 2016 by NLR

[THEMSRILEY 4]

The 3 year one tends to happen when people are working 2 or 3 jobs to make the poverty guidelines. Chances are theyre just doing it for the income and will quit after the spouse arrives. CO makes a call based on the evidence presented.

What did you present from your joint sponsor as proof of ongoing and current income?

I have personal opinions on joint sponsorship anyhow.

Well with my joint sponsor, he has been working since 2010, each year his income has increased, I submit with the AOS form 2015 tax form, W2 and he gets paid weekly so i sent 3 months of check stubs, but as I said before the CO looked at the amount on the 2015 tax form and not the current income on the AOS form, when all this was taking place, I emailed the embassy and explained to them what was being done and that they are not following instructions of the AOS form, I also showed in the email, what he has made up to date and did an average of four months to see what he would make on a average in a month and it was well above the requirement. But the CO just do what they want to do.

[NikLR 13,220]

They're making a judgement call. It's within their rights. Immigration is not transparent nor what some would consider fair.

[THEMSRILEY 4]

well we got another sponsor and guess what, it was over the required income and the CO said, im sorry but your joint sponsor does not meet the income requirement, my husband told the CO, no you are wrong and asked what is the requirement for a household of 3 and she told him and then he quoted the amount of the sponsor income and told the CO to look again and then she looked and said, oh yeah im sorry I made a mistake...........yeah right.....side eye!!!!!! he was approved today

[NikLR 13,220]

Oh good glad it worked out.

[Sulaimon & Brandy 20]

Thank God!!!!