Public Charge RFE/Denial

[kcrb 24]

Hey all. I wasn't worried about the "public charge" denial or request for evidence, but after reading things people have said here, I'm worried. I made 20.5k in 2015 and 29k in 2016 (I'm sending my 2016 returns in with my wife), but I spent 4 months on employer-subsidized (so the government had no involvement) short term disability because I broke my foot and needed surgery (injury happened at work). I work in retail but I graduate from college a week after my wife's interview, which means my earning potential will go up. My wife also has a college degree and was the valedictorian of her class in college. She has worked one job in Mexico since graduating, currently unemployed but not receiving any benefits from the Mexican government. 

 

Since I make just above the 125% threshold, is there a chance that the CO will be worried she will become a public charge? My parents offered to be a joint sponsor AFTER I submitted the I-864 and NVC approval. They make 150k/yr with 4 kids/3 dependents.  Should I have my parents fill out another I-864 and send me with their tax documents, or will it not matter because that was not sent in the original packet? My lawyer doesn't seem to think my income will be a problem, and he is renowned across DC, but I'm still worried. I can't afford to pay the lawyer any more money if an RFE is requested. 

[ConOfficer 167]

If the income listed on your 2016 tax return meets the USCIS poverty guidelines, you don't have a problem. 

 

If the income listed on your 1040 is below the poverty line, better to send your wife with a joint sponsor AOS to avoid any delays. 

Keep in mind that if you listed dependents on your tax return the officer is going to consider them to be part of your family. I'm amazed that people list their parents and 4 nieces as dependents on their tax returns and don't think they need to be included as family members in the AOS. 

[ConOfficer 167]

Oh and USCIS/NVC doesn't look at your AOS. They just note that you submitted it.

[kcrb 24]

32 minutes ago, ConOfficer said:

If the income listed on your 2016 tax return meets the USCIS poverty guidelines, you don't have a problem. 

 

If the income listed on your 1040 is below the poverty line, better to send your wife with a joint sponsor AOS to avoid any delays. 

Keep in mind that if you listed dependents on your tax return the officer is going to consider them to be part of your family. I'm amazed that people list their parents and 4 nieces as dependents on their tax returns and don't think they need to be included as family members in the AOS. 

 

Thank you for the response. My 2015 (What we submitted the affidavit of support based on) is literally $500 over the 125%. We did send proof of income and employment from my employer and 6 months of paystubs, and when we sent it I believe I had already earned 24k in 2016. My 2016 returns (I filed jointly with my wife using an ITIN because she had no worldwide income), the amount listed on the 1040 is 28,477. The good news is, I have no dependents. Despite how close that is to the 125%, you still don't think it will be a problem? It is honestly so scary that our fate rests at the hands of one person! 

[Amshep 0]

I've seen cases of people they were over the poverty guidelines and in the last stage of the process, after going to the interview CO asked for a joint sponsor.

 

If you already have the option to get a co-esponsor I believe is a good Idea to use it.

[mallafri76 1,012]

14 hours ago, kcrb said:

Thank you for the response. My 2015 (What we submitted the affidavit of support based on) is literally $500 over the 125%. We did send proof of income and employment from my employer and 6 months of paystubs, and when we sent it I believe I had already earned 24k in 2016. My 2016 returns (I filed jointly with my wife using an ITIN because she had no worldwide income), the amount listed on the 1040 is 28,477. The good news is, I have no dependents. Despite how close that is to the 125%, you still don't think it will be a problem? It is honestly so scary that our fate rests at the hands of one person! 

Your 2016 salary is comfortably above the poverty guidelines. 

 

Depending on when your wife's interview is, and when you filed your taxes, I would either prepare a copy of your 2016 tax return or get an IRS transcript for the 2016 tax return and bring to the interview.

Edited March 21, 2017 by mallafri76

[kcrb 24]

4 minutes ago, mallafri76 said:

Your 2016 salary is comfortably above the poverty guidelines. 

 

Depending on when your wife's interview is, and when you filed your taxes, I would either prepare a copy of your 2016 tax return or get an IRS transcript for the 2016 tax return and bring to the interview.

 

I filed jointly (using a preexisting ITIN) and intend on her bringing the copy of my 2016 W2's and my 1040, along with the 2015 information. My 2016 salary was supposed to be 35k, but due to all of the unpaid time off I took to see her throughout the past 10 months (about 2.5-3 months), I lost a lot in wages. I also attached a letter from my employer stating my yearly salary, and we are able to explain the gap in pay because of all of the unpaid time off. I hope it is enough. I also haven't been unemployed since 2011, so I hope that is in my favor as well. Thank you for your response.