stephmd

People whose pay includes tips can have a hard time determining current income. It will depend on how accurately your pay stubs reflect your actual tips. If there are any tips NOT included on the pay stub then it is virtually impossible to document current income. For those working a full year last year, I would state current income from line 22 of the 1040, so that all declared income is counted. When you work only part of the year, the best you can do is estimate. Using documented assets to make up for the shortfall should do the trick. You could also send an explanation of your income and level of cash tips, a current pay stub and sign the explanation letter. It will help them understand your real income, even if it cannot currently be well documented. Consular Officers understand how a Waitress is paid.

Thank you. I can attend the interview with my spouse, can't I? If so, would I be able to explain those things face to face as well or only the applicant is supposed to explain and answer questions the CO asks?

Again, what you received was correct for the circumstances you described. It mentions your income is insufficient. You knew that already. It mentions the Consular Officer will make the decision. The Consular Officer is the only one who can "approve" an affidavit of support. NVC can only make you keep submitting new ones or additional ones until they are satisfied enough to send them on to the Consulate.

Your PAST income is not a great concern. They'll be more interested in your CURRENT income. If you're working full time and making enough NOW, you should have stated your current income, not last year's income, in the current income section. If you made that mistake, do a new corrected affidavit and have your spouse carry it to the interview along with evidence of your current income. (A pay stub)

Note that only the self employed use last year's tax return income as "current income".

Well I'm a waitress so I am not in a salaried position. How do I calculate current income then because my income varies? The most "current" figure I would have is my gross pay that is printed on my paystubs, but again, it is lower because I spend a great amount of time traveling to be with my husband.

Thank you for all the help.

To clarify a few things:

My household size is just myself and my husband. My income falls short by a few thousand dollars because I haven't worked the entire year (2012). I spent about 25% of last year overseas so I could be with my husband. Not sure if the CO will take that into consideration.

Was just really worried to receive that letter when I was just expecting to receive something that says it was approved.

A joint sponsor will help a lot.

Unfortunately I don't have anyone who I would feel comfortable asking to be a joint sponsor since it is a serious matter. The only people I would rely on would be my own parents, and they are now both deceased. I thought assets would more than make up for income...

Confidently sent in the AOS with all the necessary documents and was only concerned about my income not being enough. I sent proof of my assets which I assumed would be more than enough to make up the difference (six figures). Now I received a letter stating that my income does not meet the requirement, and the consular officer will make a decision at the time of the interview. I'm panicking! I'm basically wondering about what our odds are looking like...I would hate to be denied even though the assets are substantial.

I don't really have anyone I can ask to submit joint sponsorship. So what should my husband and I expect at the interview? Will they be asking about the assets? Will we need to defend why my income is low?

I honestly thought the assets would be enough for us to have the AOS approved!

Good Luck!

Thank you! Our NVC case number won't change, right? I noticed it starts with SOF...meaning Sofia, Bulgaria? Can we send the ds-3032 now before we hear back from the embassy?

So our I-130 has been approved, and NVC has sent us the DS-3032. After I sent the I-130, my husband moved from Bulgaria to the U.K. So, his address needs to be changed, right? My main concern is, will this in any way hinder our progress? Will it slow things down, require more paperwork, etc.? Or is it really not a big deal at all, and I shouldn't worry about it?

Also, will he have to travel back to Bulgaria for the visa interview, or will they allow him to make an appointment at the embassy in the U.K?

Thanks in advance!

^wow really? did they change it recently? because i could have sworn when i looked at all the steps a month or so ago, it still said it was necessary.

^I should submit the original and the copy? Or do you mean I should submit the Bulgarian version and the English translated version?

This may be a stupid question, but scanned copies of a birth certificate are acceptable, right? I'm about to begin the CR1 process, and my husband had his (Bulgarian) birth certificate translated into English. It's ok if I submit a copy of the translation instead of the original, right?

Also, does it matter if the copy of your passport pages are in black & white instead of in color? I don't want USCIS to reject any of our documents or slow things down in any way!

Thanks in advance for the input!

this may be a stupid question, but scanned copies of a birth certificate are acceptable, right? i'm about to begin the CR1 process (yes i know this is technically the K1 section, but i figured for this simple question it wouldn't matter), and my husband had his birth certificate translated into english. it's ok if i submit a copy of the translation instead of the original, right?

also, does it matter if the copy of your passport pages are in black & white instead of in color? i don't want USCIS to reject any of our documents or slow things down in any way!

thanks in advance for the input!

Thanks for the input!

Another quick question: on the g-325a, where it says "This form is submitted in connection with an application for:" I am suppose to check "Other" and put "petition for alien spouse" right? But, there isn't room to type that. Is it ok if I just put CR1 visa or would that be confusing?

Thanks for the input!

Another quick question: on the g-325a, where it says "This form is submitted in connection with an application for:" I am suppose to check "Other" and put "petition for alien spouse" right? But, there isn't room to type that. Is it ok if I just put CR1 visa or would that be confusing?

Thank you so much for the help! I think I'll ask my husband to Fedex the form to me. I don't want ANY delays or problems...especially for such little things that can be avoided.

Thank you for the quick reply!

I'm also confused if I should submit the i-130 with the i-485. Is the i-485 for immigrants who are currently in the U.S? My husband is still in Bulgaria, so I'm not sure if I only need to file the i-130 by itself. I just want him to be able to get his visa ASAP so he can actually enter the country.

I'm about to start the IR-1 process, and I'm wondering if my husband (a Bulgarian citizen) needs to sign his G-325a form. I read somewhere on this forum that the foreign spouse doesn't have to sign it...

Since we're apart, it would take awhile for his signed form to reach me via mail, so I was thinking he could fax it to me. Would this be acceptable or does it have to be the signed original copy?

Any help is much appreciated!

Thank you for the advice Christi. I'll be sure to look into it.

Thank you for sharing that, Mrs. O. Unfortunately, I don't think it would be approved for my husband though since he has never been to the U.S. and the only ties he can really show is his job. He is renting an apartment, so there's really no property ownership.

So it seems like there's no "nonimmigrant" visa or entry method besides a tourist visa? That really sucks...

^But I thought with the CR1, you can travel freely...so you could enter and leave the country freely.

So basically there's no way I'll be able to have my husband here with me even for a little while?

Thank you for the help krisca. I certainly don't know what's the best way to go about this...

But isn't applying for a tourist visa pretty risky? Meaning chances are he won't be approved because they'll think he'll come here as a tourist and not leave since we're married?

The thing is, we don't intend to live in the US in the short run, but who knows what will happen in the long run. He has never met my family, and him and I feel it's important that he does. I want him to have the option to be here or not. If I had to travel back for a family emergency, for example, I would want him to at least have the option of coming too.

I'm just worried that the affidavit of support won't be approved...

Ok a bit of background info since I'm new here: my husband (from Bulgaria) and I got married/eloped in Bulgaria on January 11, 2011. I was under the impression that I should file for a K3 because I want him to come here to meet my family, and then we'll go back to Europe. So I figured a nonimmigrant visa makes the most sense. After doing some research on this forum, I realized people are suggesting to just do a CR1 instead of K3 because it takes almost the same time.

So now I plan to file for a CR1 visa (although we still don't really intend on staying in the US). My biggest concern is that I am only 21, still in school, and currently unemployed. In fact, I have never had a paying job, but I am looking for 1 right now since this is the first semester that I am considered to be a part time student. So, I'm concerned about the affidavit of support. Since I'm a student, will things be a bit more lenient or I still have to meet the same income requirements as everyone else? Since my husband and I do not intend on staying in the US, would this change anything? How much would I need in assets (instead of income) in order to have the affidavit approved?

Also, I don't think anyone would cosign since we eloped, and my family does not approve.

Any help would be greatly appreciated!!!