CR1 visa refusal under 221(g)

[linksyswrt54gs 0]

Hello good folks,
My wife appeared for interview yesterday at Mumbai embassy and was told (in a letter) that Visa application has been refused under section 221(g) because your documents are incomplete. The current sponsor's income does not meet 125% of the federal poverty guidelines for the number of immigrants plus the sponsor's family members.


I am a US citizen and have claimed 3 dependants (I am also sponsoring my brother's wife).How much income do I need to show to claim 3 dependant. Las time I checked 125% poverty guidelines was $25,200 for size 3 household members. My income is way beyond that. Should I calculate $25,200 X 3 or $25,200 for 3 dependants. I am confused.

The letter they provided asked for

Provide signed originals of

Form I-864 from a new joint sponsor
Form I-864A completed by the joint sponsor's spouse. The spouse will sign as "Household member" and the Joint sponsor will sign as "sponsor". If the joint sponsor's spouse does not wish to complete Form I864-A, you must demonstrate that the sponsor's sole income is sufficient to meet 125 percent of Federal poverty guidelines

Provide one set if the following supporting documents

2015 U.S individual income tax returns (IRS form 1040) from the joint sponsor
2015 W-2 forms from the joint sponsor (and spouse)

My wife was told not to come back at embassy again but drop off the above mentioned document at one of the VFS location along with passport.

What options do I have. What is my way forward. I really really appreciate your help and suggestions.

Thanks so much folks

[EM_Vandaveer 2,408]

Are you counting yourself in your household size?

Yourself, your spouse, your bother's wife, that is indeed 3, but is there someone else?

[linksyswrt54gs 0]

Are you counting yourself in your household size?

Yourself, your spouse, your bother's wife, that is indeed 3, but is there someone else?

Yes I am counting myself. Me, My wife and My brother's wife.

There is no one else I am sponsoring.

Thanks.

[ElPerdido 3]

Are you working outside of the United States? It gets tricky when your income is not from a U.S. source. From what I remember, you might need proof that the income will continue when you move to the states.

[linksyswrt54gs 0]

Are you working outside of the United States? It gets tricky when your income is not from a U.S. source. From what I remember, you might need proof that the income will continue when you move to the states.

I am US citizen and living and working in United states. How much income do I need to show If I am sponsoring My wife and My brother's wife? on a affidavit of support form.

Thanks

[Kastrs 723]

Have you only recently started this job? Did you provide your last 3 years tax transcripts?

As per the guideline you must have at least 25,200. Were you very close to that amount/using anything other than income to demonstrate your amount?

[arken 4,197]

What sort of evidences you provided for the source of income for 2016? Paystubs? Employment verification letter? Sometimes if they don't see that, they conclude that you couldn't meet 125% of poverty guideline and ask for a joint sponsor.

[linksyswrt54gs 0]

I have been consistently working for last 3 years. In 2015 I was out of country and worked 6 month from july-december. But My income is beyond 25,200 poverty guidelines. correct me if I am wrong, I think the way they caluclate the annual income is they calculate how much you earn per month X 12 months. I dont think its how much you made that year so lets say If I make 10$ month and worked 6 month ie 10 X 6 = 60 would they consider my annual income as 60$ or would they would caluclate as 10 X 12 month =120 annual income. I provided employment letter, pay stubs, bank statements, tax returns, W2 when I filed my affidavit of support I864 form. Hope I answered your question.

Thanks for your help

[Mike-eeh and Odie 193]

I have been consistently working for last 3 years. In 2015 I was out of country and worked 6 month from july-december. But My income is beyond 25,200 poverty guidelines. correct me if I am wrong, I think the way they caluclate the annual income is they calculate how much you earn per month X 12 months. I dont think its how much you made that year so lets say If I make 10$ month and worked 6 month ie 10 X 6 = 60 would they consider my annual income as 60$ or would they would caluclate as 10 X 12 month =120 annual income. I provided employment letter, pay stubs, bank statements, tax returns, W2 when I filed my affidavit of support I864 form. Hope I answered your question.

Thanks for your help

https://www.uscis.gov/i-864p

For a family of 3 it is $25, 200.

[EM_Vandaveer 2,408]

I have been consistently working for last 3 years. In 2015 I was out of country and worked 6 month from july-december. But My income is beyond 25,200 poverty guidelines. correct me if I am wrong, I think the way they caluclate the annual income is they calculate how much you earn per month X 12 months. I dont think its how much you made that year so lets say If I make 10$ month and worked 6 month ie 10 X 6 = 60 would they consider my annual income as 60$ or would they would caluclate as 10 X 12 month =120 annual income. I provided employment letter, pay stubs, bank statements, tax returns, W2 when I filed my affidavit of support I864 form. Hope I answered your question.

Thanks for your help

They only calculate it like that for the present, ongoing year. Otherwise whatever income was on your tax return for that year, that's your total income for that year. They don't care if you only worked for 6 months out of 12.

[Tracy-->NY 40]

What is yiut gross adjusted income on your return filed?

[NikLR 13,227]

What is yiut gross adjusted income on your return filed?

Adjusted gross income only matters if you file a 1040EZ instead of a 1040.

[Anitafeliz 1,133]

You should probably do as they requested and find a co-sponsor....I think they are counting it as 4 with your wife.

Edited August 2, 2016 by Anitafeliz

[Mrs.Hull210 24]

If you claimed 3 dependents on your return, you the taxpayer would make it a household of 4 and the minimum required amount would be $30,375.

Did you make the mistake of counting yourself as a dependent?

[linksyswrt54gs 0]

If you claimed 3 dependents on your return, you the taxpayer would make it a household of 4 and the minimum required amount would be $30,375.

Did you make the mistake of counting yourself as a dependent?

Thanks for your response Please pardon my ignorance. I didn't claim anyone one my tax return as dependent. I am sponsoring my wife and my brother's wife. I have had an agent filled out affidavit of support as I am not good with filling out forms etc.

Thanks again.