Problem @ Interview!!!

[Jas S 0]

OK I am pretty pissed off. We had a problem at our interview today. I was unemployed for a few months last year (2006). The interviewer said that they cannot count the unemployed income as part of the income for the affidavit of support. And since my wife is 8th months pregnant, they will go by the required amount for 2 people for approx $21,000.

Here are the #'s from my 2006 tax return:

Wages: $18,815

Unemployment: $13,025

Gross Income: $31,840

Taxable Income: $23,390

Now shouldn’t that be ok? I had checked with my lawyer about my 2006 tax return which included the unemployed income, and he said that would not be a problem.

What do you guys think? Is there any written proof anywhere, that unemployed income does count as part of gross income and they cannot deny me VISA by not counting unemployed income?

To fix this, I have to get a co-sponsor. I am in India, and I have to get a co-sponsor in US to sign documents and then mail to India and then I have to submit theses docs to the VFS which then will be forwarded to the embassy again, and then VISA approved passport will be given to VFS and then mailed to my address. The only problem is that my wife's doc has told her that she should not fly past Nov 10th because of her pregnancy. So we have our tix booked for Nov 9th.

Someone please shed some light on this....any help would be greatly appreciated....

[neel06 0]

OK I am pretty pissed off. We had a problem at our interview today. I was unemployed for a few months last year (2006). The interviewer said that they cannot count the unemployed income as part of the income for the affidavit of support. And since my wife is 8th months pregnant, they will go by the required amount for 2 people for approx $21,000.

Here are the #'s from my 2006 tax return:

Wages: $18,815

Unemployment: $13,025

Gross Income: $31,840

Taxable Income: $23,390

Now shouldn’t that be ok? I had checked with my lawyer about my 2006 tax return which included the unemployed income, and he said that would not be a problem.

What do you guys think? Is there any written proof anywhere, that unemployed income does count as part of gross income and they cannot deny me VISA by not counting unemployed income?

To fix this, I have to get a co-sponsor. I am in India, and I have to get a co-sponsor in US to sign documents and then mail to India and then I have to submit theses docs to the VFS which then will be forwarded to the embassy again, and then VISA approved passport will be given to VFS and then mailed to my address. The only problem is that my wife's doc has told her that she should not fly past Nov 10th because of her pregnancy. So we have our tix booked for Nov 9th.

Someone please shed some light on this....any help would be greatly appreciated....

oh God... i am sorry to hear about this problem of yours.

as far as I know unemployment is counted towards one's income when doing taxes. so the same rule must apply for them also.

you can have your co-sponsor fax you all their documents and you can take them straight to the embassy instead of submitting it to vfs.

maybe someone has better solution for this.

[Jas S 0]

OK I am pretty pissed off. We had a problem at our interview today. I was unemployed for a few months last year (2006). The interviewer said that they cannot count the unemployed income as part of the income for the affidavit of support. And since my wife is 8th months pregnant, they will go by the required amount for 2 people for approx $21,000.

Here are the #'s from my 2006 tax return:

Wages: $18,815

Unemployment: $13,025

Gross Income: $31,840

Taxable Income: $23,390

Now shouldn’t that be ok? I had checked with my lawyer about my 2006 tax return which included the unemployed income, and he said that would not be a problem.

What do you guys think? Is there any written proof anywhere, that unemployed income does count as part of gross income and they cannot deny me VISA by not counting unemployed income?

To fix this, I have to get a co-sponsor. I am in India, and I have to get a co-sponsor in US to sign documents and then mail to India and then I have to submit theses docs to the VFS which then will be forwarded to the embassy again, and then VISA approved passport will be given to VFS and then mailed to my address. The only problem is that my wife's doc has told her that she should not fly past Nov 10th because of her pregnancy. So we have our tix booked for Nov 9th.

Someone please shed some light on this....any help would be greatly appreciated....

oh God... i am sorry to hear about this problem of yours.

as far as I know unemployment is counted towards one's income when doing taxes. so the same rule must apply for them also.

you can have your co-sponsor fax you all their documents and you can take them straight to the embassy instead of submitting it to vfs.

maybe someone has better solution for this.

Yea I know...we are both very upset. As far as faxing the docs...they require the I-864 to have a original signature on it. They can be copies, but they need to have original signatures. I don't have a problem in doing this...however, I don't think we will be able to make it happen by Nov 9th.

Does anyone know this? Can you they ask for me to sponser 3 people, even though the baby is not born yet and there are physically on 2 people? If I sponsor just my wife the requirement for my 2006 tax becomes less then 18k which I did. With the baby put into the equation it is $21.5k. What do you all think?

[C and J 1]

Sorry to hear you're having more problems, Jas Here's hoping that they'll be sorted out in time for your wife to be able to fly.

[Beauty for Ashes 257]

OK I am pretty pissed off. We had a problem at our interview today. I was unemployed for a few months last year (2006). The interviewer said that they cannot count the unemployed income as part of the income for the affidavit of support. And since my wife is 8th months pregnant, they will go by the required amount for 2 people for approx $21,000.

Here are the #'s from my 2006 tax return:

Wages: $18,815

Unemployment: $13,025

Gross Income: $31,840

Taxable Income: $23,390

Now shouldn’t that be ok? I had checked with my lawyer about my 2006 tax return which included the unemployed income, and he said that would not be a problem.

What do you guys think? Is there any written proof anywhere, that unemployed income does count as part of gross income and they cannot deny me VISA by not counting unemployed income?

To fix this, I have to get a co-sponsor. I am in India, and I have to get a co-sponsor in US to sign documents and then mail to India and then I have to submit theses docs to the VFS which then will be forwarded to the embassy again, and then VISA approved passport will be given to VFS and then mailed to my address. The only problem is that my wife's doc has told her that she should not fly past Nov 10th because of her pregnancy. So we have our tix booked for Nov 9th.

Someone please shed some light on this....any help would be greatly appreciated....

I think you should just go get the co sponsor and have them over night the papers with DHL today and dont wonder about why how and when... IF you have someone you will step up to bat for a pregnant woman.. which knowing Americans.. I think someone will..

GOOD LUCK DUDE

[maya62 7]

Imho, debating with a CO about what he/she can or can't do in evaluating your situation is something you probably need a lot of time and a lawyer to do successfully. I would just get the co-sponsor and be done with it, if possible.

Good luck, and congratulations (because it sounds like you'll get the visa as soon as you find a co-sponsor AND your gonna be a daddy!!)

Maya

[neel06 0]

JAS you mentioned I-864... with K-3 they ask for I-134

if you used I-864 get a I-134... maybe the rules are different since thats for nonimmigrant visa and they know you will have to do adjust of status.

[albden 0]

I have heard that for I-864 (that's the one I applied for) they do not count unemployment, my friend is going through the same thing now. As wahrania said, get someone to overnight the documents before it's too late.

by the way, I heard someone went to interview (this was for a parent) and they told the father that he was lying that his daughter was working bc she is on unemployment and owes the government $5000.00 and none of it is true, the daughter works full time. I don't know where the hell they get this information mixed up and make people wait ppppffffffffffff

[ohioindian 0]

I feel for you, and I don't know if this will help. The consulate is supposed to look at line 37 of your 1040 to see what your adjusted gross income is. They usually give a chart with the packet 3 that lists the 125% poverty line values. So if you look at the two person value, and that number is less than your line 37, then you are fine. My guess is it is not so you do need a co-sponsor.

Best of luck

[Jas S 0]

I feel for you, and I don't know if this will help. The consulate is supposed to look at line 37 of your 1040 to see what your adjusted gross income is. They usually give a chart with the packet 3 that lists the 125% poverty line values. So if you look at the two person value, and that number is less than your line 37, then you are fine. My guess is it is not so you do need a co-sponsor.

Best of luck

My 2006 adjusted gross income was $31,840. The requirement for 3 people household is $21,462... go figure....

[Kim&Will 0]

Geez that sucks. I emailed the Consulate here and Vancouver, asking which Affidavit of Support I would need and was told just to provide the documents showing on the checklist (no Affidavit of Support requested). What gives that they want it for some but not for all?

[amiquechu 0]

I would check and see how fast it can be shipped to you and look at getting a co-sponsor. Are you sure the document would be able to get there in time? If not, PM me and I may have a suggestion. It's pretty complicated, so I would definitely check on the shipping first.

[pushbrk 12,294]

Is there any written proof anywhere, that unemployed income does count as part of gross income and they cannot deny me VISA by not counting unemployed income?

Yes. Read the wording of item 7 on the I-134. It starts indicating you are employed at or engaged in the business of....and derive and annual income of.....

To include "unemployment insurance" benefits in that number would be a truthful statement. Of course you include them on your tax return.

Perhaps some of your problem we're discussing in another thread stems from the fact that you stated your 2006 income per the tax return instead of stating your annualized 2007 income per your current income documentation.

Clearly, one cannot use temporary (26 weeks maximum) unemployment insurance payments to show an intended immigrant will not become a public charge.

[neel06 0]

JAS I ASK AGAIN.... why did you submit I-1864. you should have submitted the I-134.

with the I-134 you had to to do AOS here and submit I-1864 for AOS, and by then you could have easily found a co-sponser.

[trailmix 77]

b(f) Sponsor Use of Benefits. Question 4B of the September 26, 2000 version of the Form I-864 asks if the sponsor or any member of his or her household has used means-tested benefits during the past 3 years. Do not disqualify a sponsor based on a positive response to this question. The reason for this question is to ensure that the value of any such means-tested public benefits is not considered as income on the Affidavit of Support. Federal means-tested benefits currently include SSI (Supplemental Security income), TANF (Temporary As sistance for Needy Families), food stamps, Medicaid, and State Child Health Insurance Programs (SCHIP). State and local means-tested benefits vary by jurisdiction. Earned benefits such as Social Security retirement, Unemployment Compensation, and Workman’s Compensation may be included as income.

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