Post Interview Checklist

[Steven And Ana 2]

Hello everyone,

 

 

First post here. My wife just had her interview today, with everything going well except for the AOS (Affidavit of Support). The consular officer received my wife's passport, photos, and gave back all the documents I had sent up months prior in the IV and AOS packages. They gave her a checklist: marked petitioner, and then co- sponsor (I haven't chosen one) and marked Affidavit of Support I - 864 and Most recent tax returns. 

To give a quick breakdown, I sent up my AOS package with a tax extension and the IRS form that comes with 4688. The NVC posed no issues with that tax extension, and on the state gov website it says it is fine to give in Lieu of a tax return. Now, I have no prior tax returns because I simply did not reside in the US 2 years prior to my 2017 tax year. Prior to that, I did not make enough to declare taxes. Point being, the consulate in Bogota is now pressuring us to find a co sponsor, and I know for a fact I am well equipped to be a sponsor. I am in the military; active duty and I fall under a different income guideline.  One thing I found very strange is that the consular officer told my wife I did not meet the annual salary requirement for the AOS, and I know its not true, there is a form called I-864P HHS Guidelines for income. Anyone know of a similar situation? I would greatly appreciate any input. ( P.S. The case is not on administrative hold, they are just waiting on some docs that'll be hard to get soon)

Edited August 13, 2018 by Steven And Ana
typo

[Crazy Cat 39,336]

2 minutes ago, Steven And Ana said:

Now, I have no prior tax returns because I simply did not reside in the US 2 years prior to my 2017 tax year.

You are aware that US citizens must file taxes for world-wide income, correct?  That includes active duty military.

[Steven And Ana 2]

1 minute ago, missileman said:

You are aware that US citizens must file taxes for world-wide income, correct?  That includes active duty military.

Right. I hadn't joined the military until 2017. Before then, it was just me living with my wife in Colombia.

[Crazy Cat 39,336]

12 minutes ago, Steven And Ana said:

( P.S. The case is not on administrative hold, they are just waiting on some docs that'll be hard to get soon)

The path of least resistance will be to just find a co-sponsor and send in a new I-864 and supporting docs........I don't see any other options.

[Steven And Ana 2]

4 minutes ago, missileman said:

The path of least resistance will be to just find a co-sponsor and send in a new I-864 and supporting docs........I don't see any other options.

Does finding a co-sponsor mean he/she will have to have greater income than I do? or will it be some sort of combined income like mine and hers/his.

[Crazy Cat 39,336]

1 minute ago, Steven And Ana said:

Does finding a co-sponsor mean he/she will have to have greater income than I do? or will it be some sort of combined income like mine and hers/his.

I'm not an expert on I-864s, but there are experts around...  @geowrian

[jdaveh 58]

They could be looking at it from the standpoint of you having no job history and earnings history. One of the tenants for an application being accepted is that there be no concern of the immigrant becoming a public charge. I do not mean for this to sound bad and I appreciate your service to our country but these guys do not fudge rules. They are fact checkers and have a list to go by..  Missleman is correct in saying follow the path of least resistance.

[geowrian 22,335]

The Co makes the decision on the public charge concern based on the totality of the evidence. One can meet the minimums to file the I-864 but not satisfy the public charge concern.

Either the CO felt that the public charge concern was not satisfied, or the evidence provided was insufficient to count his income.

 

1) What evidence was provided? Is he an employee or self-employed?

2) If sufficient evidence was provided originally, then a joint sponsor will be necessary.

[Steven And Ana 2]

12 minutes ago, geowrian said:

The Co makes the decision on the public charge concern based on the totality of the evidence. One can meet the minimums to file the I-864 but not satisfy the public charge concern.

Either the CO felt that the public charge concern was not satisfied, or the evidence provided was insufficient to count his income.

 

1) What evidence was provided? Is he an employee or self-employed?

2) If sufficient evidence was provided originally, then a joint sponsor will be necessary.

Does finding a joint sponsor mean both our incomes are combined when factoring public charge? I would like my father to fill out an AOS but he lives on small independent earnings and his social security checks. He makes less than I do.

[Steven And Ana 2]

EDIT: I recently got an email stating that there was a mistake. They asked for my commanding official to certify my salary and earnings. They said although uncommon, they will do so with this certification. Thank you all.

[Crazy Cat 39,336]

2 minutes ago, Steven And Ana said:

EDIT: I recently got an email stating that there was a mistake. They asked for my commanding official to certify my salary and earnings. They said although uncommon, they will do so with this certification. Thank you all.

Perfect!!!  That is great news!!!   Good luck on the remainder of your journey.....

 

---20 year military retiree  (E-8, USAF-Ret)  Active Duty 1971-1991 

[geowrian 22,335]

2 hours ago, Steven And Ana said:

EDIT: I recently got an email stating that there was a mistake. They asked for my commanding official to certify my salary and earnings. They said although uncommon, they will do so with this certification. Thank you all.

Congrats and thanks for the update!

So it was an issue with verification of the documentation, not the income itself.