b0nd

You have raised a very valid point. I didn't think from that perspective. To give you some details, I started my business back in 2006 and since I invested in it and have S corporation so the loss/profit reflects on my personal income tax return. At the time of filing I-864 I submitted 2007 tax return which shows USD -16k (yes that's a minus) but since then it has gradually gone up. My income could have been more in the following years but as it covered the losses in prior years so my current 2011 tax return still didn't meet the poverty line. I had this money in my personal account (that I showed on I-864) set asside and didn't touch it in over 2 years. Now that you have raised this point I am wondering how to correctly prove my point and present the case.

Bond,

Lets look at how your 864 was viewed.

Petitioner needed to submit 3 years of taxes transcript

2009, 2010 and 2011, were any of these years above poverty level, if not were they all below poverty level greater than $5000.00?

You said you could submit 1.5 years of bank statements, does your savings show a steady progression of deposits?

The checking is going to be strange, because it should show money being moved in and out.

If you are self employed, how will you show evidence of being able to provide Health Insurance/care for 2 elderly parents also Health Insurance for your family.

Remember the CO looks at the big picture, not just a small moments in time picture.

Yes, we have had issues all along as you can see it's been more than 1.5 years and the case has been delayed for one reason or another. My father is 67 and mother is 60 and they both do not have any health issues. My father however is a retired Army officer but he retired almost 16 years ago. We did have issues on Army Service records being unavailable but those were resolved but that delayed the case for more than 8 months.

From the way they have treated the financial documentation it looks as if the bank statement didn't even exist or wasn't considered. That is why I have been asking if Cash is accepted to meet the income requirements and if it is then what is the correct way of presenting it; Bank letter, 6-month statements etc.

Something sounds quirky. You've already submitted more than adequate evidence to meet the minimum requirements, yet they're using their discretion to deny based on the "public charge" determination. How old are your parents? Do they have any health issues?

So do you think presenting 6 months statements and a letter with details could help or should I simply get a cosponsor?

By the way my Business account also has $50k+ balance. Should I also present it show that I do not intend to use personal account for business?

That is the crust of the problem, the money was not considered to be stable, and the CO looks at the money as if it is intended for the usage of the business, therefor it could not be counted on to be used for the purpose of day to day living. Therefore , the CO has requested that you obtain a cosponsor.

END OF STORY.......

My original I864 listed my account balances and I sent 6 month statements at that time.

The current account summary that I sent in the interview listed all transactions in past 1.5 years.

ATPEACE: The money is in my checking account and I filed my taxes as self employed.

I would like to hear from someone who actually had the same case or has the exact knowledge of this kind of situation.

I am however planning on emailing the local embassy with my last 6 month statements.

OOps,

1. Google the Embassy and see if you can figure out who is the Chief Consular at that Embassy. Play around with the email conventions and see if you cannot get an email to him/her asking for a look into your case.

2. If this gets no response try calling the DOS IG telephone number. They will give you the country specific person who you can tell your story to over the phone, tell them you are very confused and you think this is a mistake and ask if they can make a call on your behalf or put you in contact with someone who can sort this for you.

3. Finally, did your I864 actually use assets when you originally filed it at the NVC using the same documents? If not then it might have to be redone properly, you cannot just supplement the I864 at the last minute with copies of bank statements if the contract did not mention them in the first place. Again as said earlier even if the money has been sitting untouched for 2 years, they might question the source of the cash if it doesn't match up with your last few years of tax returns.

Of course I am aware of the 5x rule. What I meant was that my checking account balance is double the 5x amount required. To be more clear I have $6k less than the required amount and have $60k in the bank.

So my originial questions stands, has someone sponsored their relatives based on their bank statement? I am also looking for the correct way to present the bank statement as alternate means of meeting Affidavit of support income requirements. I do not have a house, bonds, stock or a joint sponsor so I am only left with the choice of showing my bank account balance. On a side note I haven't touched that money for over 2 years but I want to know the correct way to present my case.

I am also doubting if the IO in the local embassy even looked at the bank statement or did her calculations based on it because she never mentioned if to my parents. She told them I had $6k less which is from my 2010 tax return. The statement was a print out from Online Account Activity page for the past one year.

When you say "twice the amount" what exactly do you mean? For instance, if the requirement was $20K and you only earned $15K the deficit is $5K. If you were sponsoring your spouse you would need THREE times the deficit amount (so $15K) in assets to qualify. As you are sponsoring your parents you need FIVE times the deficit in assets in order to qualify so you would need $25K in your bank account/assets.

SO, are you saying based on the example you have only $10K in assets? (being two times the deficit amount) Or are you saying you have $50K? (two times the 5 times difference amount).

I had filed I-130 for my parents and they had an interview on Thursday. For I-864 (Affidavit of support) I did not meet the Income Requirements so I used my Checking and Saving account statements to make up for it. NVC kept on processing the application but at the time of interview the local embassy did not accept the latest return, although they did not explicitly mention anything about it. They simply handed my parents Refusal worksheet stating that I needed to get a Joint sponsor. My Checking account balance was more than twice required to make up the deficiency in the tax return. Can someone please advise what should be done in such a case? I tried to look up online but couldn't find anything reliable. Some posters on various sites advised using an original letter from the bank showing my average balance for one year.