Ash.1101

USAA is primarily intended for US Military Personnel and their relatives. If the person does not have SSN or ITIN No then its not possible for Account Holder to add one. Its has tough guidelines when creating and adding members. Note : I am also Account Holder and I tried to add my spouse but failed. 

Yup, this piece is crucial to note as well.
Qualifying as a sponsor is part 1. Part 2 is demonstrating that the beneficiary will not become a public charge.
A qualifying sponsor is different that a suitable sponsor - I'm not saying either way in the OP's case...just pointing out that the CO makes a decision on the public charge piece based upon a totality of the circumstances, not just minimums to qualify for consideration.

Most consulates will want 125% for the I-134 because there is no point of passing on someone at 100% if they can't pass 125% a few months later for AOS.  100% is the correct technically minimum requirement, but it is very rarely considered enough since K-1 allows discretion.

Current financial situation is important but also please note that you can still make over the 125% and still be considered not good enough depending on your situation. If you make 175% of the poverty level, but jump jobs every 6 months, there's a good chance you won't be approved without needing a cosponsor for the K-1 phase. It is all at the discretion of the interviewing officer.

Also for the OP, W2's are considered incomplete forms of financial proof. If you are providing anything tax related, you will want to provide tax returns (1040) AND W2's OR a tax transcript from the IRS. For proof of current income, you're looking at collecting paystubs and asking for a paynote stating how much is made annually.

If you live in a community property state, any property acquired after marriage belongs to both parties.

We bought a house. You are married does not matter if his name is on there or not it was bought when you guys were married and the court would look at it that way. I feel bad for your spouse with that mindset. I get you wanted to protect yourself but then you should have gotten a prenup before marriage and not hold this over his head now. What should all those couples do that have a homemaker or stay at home parent. Should it just be only the working persons things, house, cars and so on. Nope thats not how it works.
 
A side from that they are just asking you to provide more evidence. Were did you guys live before you bought the house? Is there a lease for that?
Get the 2018 tex transcript, bank documents and everything from when you sent in the petition til now and supply with that.

Note that each sponsor is treated independently. Meaning you cannot combine incomes or assets across sponsors.
You need a single, suitable joint sponsor.
If you were refused with somebody making $45k/year, I doubt somebody making less than that would be accepted (household size is also a relevant factor, but I would still try to find somebody making over $45k).

But are those assets easily convertible to cash without hardship? Essentially the assets have to be “spare money” that the sponsor does not need on a day-to-day basis. So you can’t include the car you drive to work, for example. You can’t include the house except the difference between the outstanding mortgage and the value of the house (equity) - for this you would need the house to be officially appraised. 
 
 
$45k is not a lot of money in many parts of the country for 2 people, let alone 4 or 7. 
 
Do any of the immigrants have jobs lined up? What about healthcare? Are the immigrants bringing any savings or assets with them?

No excuse. It clearly says to list all children even if they were not immigrating. 

Court system. It's there for a reason.  

Guidelines are simply guidelines.  The CO looks at the totality of the circumstances when evaluating the chance of an immigrant becoming a public charge.  If they are requesting a joint sponsor, you have no choice but to get one.

Just as a note, any time you ask why something happened, but then won't give everyone details, it kind of makes it obvious that you may know what caused it.

No one here can help you if you are not honest with everyone. 

Jeannie is correct, if your wife filed her taxes as single and you are trying to prove you are married, you just won't.

Proof of a basic relationship (chat logs, seeing each other, etc) are basic proof for people who aren't married. They want financial commingling and something a bit stronger for someone who is married.

Just as a note, any time you ask why something happened, but then won't give everyone details, it kind of makes it obvious that you may know what caused it.

No one here can help you if you are not honest with everyone. 

Jeannie is correct, if your wife filed her taxes as single and you are trying to prove you are married, you just won't.

Proof of a basic relationship (chat logs, seeing each other, etc) are basic proof for people who aren't married. They want financial commingling and something a bit stronger for someone who is married.

Just as a note, any time you ask why something happened, but then won't give everyone details, it kind of makes it obvious that you may know what caused it.

No one here can help you if you are not honest with everyone. 

Jeannie is correct, if your wife filed her taxes as single and you are trying to prove you are married, you just won't.

Proof of a basic relationship (chat logs, seeing each other, etc) are basic proof for people who aren't married. They want financial commingling and something a bit stronger for someone who is married.

As long as you file as “married”, that’s all immigration cares about. Jointly or separately is up to each couple and what would provide the best refund $$$. Most year, my wife and I file jointly federal and separately state, that’s what my accountant said is most advantageous 

When people mention that enough may not be enough when it comes to finances, please believe them.

We got hit with this at a low fraud embassy because of my work situation, or lack there of. We used my mother as a cosponsor and even though she made above the minimum needed, the totality of circumstances had them ask for ANOTHER cosponsor. We did our K-1 with 3 total sponsors. While it's not the norm, if it can happen at a low fraud embassy, it can FOR SURE happen at a high fraud one.


Truthfully, I would say that your fiances age is going to be something they will look at, because in the eyes of the government, it is NOT your job to take care of yourself or anyone else when immigrating.

It's the sponsors job to take care of you, no matter how much you promise you'll do well or this and that. If they do not find the sponsor capable of long term financial support for you and your children, then it doesn't matter what you're willing to do. Yes, accidents happen and a sponsor could be hit by a car and USCIS can't predict that, but based on normal circumstances they can probably surmise that a 65 year old man won't be able to provide financial support for at least 10 years.

This isn't meant to offend, but for you to understand that this is the way the CO/IO looks at things. Their job is literally to judge your situation and decide if they like it or not. At the K-1 level there's a lot of discretion that is allowed on the officers side.

It took 7 months for me to receive AP. At the time of applying, it was estimated to take 3 months, so we stupidly arranged a big 'wedding' celebration back in the UK the following summer after I arrived. The wedding was at the end of June, and I received AP just 3 weeks before we were due to fly.
 
I cannot even begin to explain to you just how stressful that whole situation was! Waiting and not knowing if I would receive AP in time, whilst the whole time the clock was ticking down. We got to the point where we were about to cancel the whole thing, and had a very emotional chat late one night where we decided if it hadn't come by the end of the week we would let all our friends and family know that it wasn't going to happen. Luckily, I awoke that next morning to an alert that it had been approved.
 
Like others have said, if his sister's wedding is so important to him, he should delay his entry to the US on the K1 visa until after her wedding. The 4 months between applying for AP and receiving it seems optimistic at best, and in reality unrealistic. He doesn't want to have that constant sick feeling I had for months when you're not sure if it will arrive in time or not. Mine luckily ended in a happy ending, but his may not, and what happens if it doesn't arrive in time? Is he prepared to make the decision between missing his sister's wedding, or going anyway and effectively ending his AOS application? A wedding is not considered reason to expedite AP.

Note that if you do get anything back, it will most likely be a very vague cookie cutter "not enough bona fide relationship proof". You may never find out EXACTLY that the issue is, which is why people here are trying to find the red flags in your case and what you should do next, because the governments denial letter won't give you specifics on why you were denied.

Oh and they don't have to look at anything you bring. That's why people recommend sending things that you may want to show them in the I-129F Package, because in some countries, the IO will just base their decision off of what they see in the initial packet, so their minds could be made up before they even speak with you.

In a case of high fraud countries like yours, it's recommended to front load it, aka send as much as you can before you even meet with the IO.

Note that if you do get anything back, it will most likely be a very vague cookie cutter "not enough bona fide relationship proof". You may never find out EXACTLY that the issue is, which is why people here are trying to find the red flags in your case and what you should do next, because the governments denial letter won't give you specifics on why you were denied.

Oh and they don't have to look at anything you bring. That's why people recommend sending things that you may want to show them in the I-129F Package, because in some countries, the IO will just base their decision off of what they see in the initial packet, so their minds could be made up before they even speak with you.

In a case of high fraud countries like yours, it's recommended to front load it, aka send as much as you can before you even meet with the IO.

If a joint petition is filed and divorce is filed or separation occurs it is always best to notify USCIS in a timely fashion.  Now timely fashion is a loose phrase. It basically means you want to notify them BEFORE they approve you w/o interview, but also in some cases not so far in advance of actually getting the final decree or else you will not be able to respond to the RFE for the decree.  It really is a case by case determination of when is a good time to send it taking in to account when the joint was filed and how long divorce process will take. 
 The bottom line though is there is always a way for those switching from joint to divorce waivers. Some are easy (RFEs or bringing it to interview) others are more difficult (going to court and presenting decree). Anyone in such a situation should post their own thread with pertinent details for advice as everyones situation is different. 
 
Re the question about if joint  ROC is approved before a final decree is issued but after divorce proceedings have started--- Yes, a joint ROC can be approved as long as they are still legally married. However in cases where a divorce is filed or a separation occurs it is always recommended to notify USCIS of the change in circumstances. When USCIS is notified they will most likely require a joint interview or for you to switch to a waiver. Couples have been approved with divorce pending on a joint ROC just because the final decree wasnt done yet and they both went to the joint interview. There have also been examples of couples who filed joint, then filed for divorce, ROC was approved while they were still married and they didnt notify USCIS of the pending divorce before USCIS approved them. Later when applying for n400 or family visas  it is discovered USCIS did not have all the information when adjudicating their ROC (specifically divorce was in process) and it caused major issues like them revoking the GC or misrep issues/lack if GMC. 

Can you imagine if USCIS did check all the available marriage/divorce databases (I agree, marriages are not recorded federally, so there is no single database) and discovered a couple that had common names matching someone filing AOS or ROC and denied such action erroneously?

Per the USCIS Policy Manual (https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-5)
and INA 216 (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1186a&num=0&edition=prelim).
Edit: Note that it does not state "had not been terminated at the time of filing". It uses present tense with regards to when approving the petition.
 
It does not explicitly state that this only applies at the time of filing or until adjudicated. However, BIA rulings have interpreted it as the latter.
See  Matter of Tea (https://www.uscis.gov/ilink/docView/INT/HTML/INT/0-0-0-7314/0-0-0-14984.html#0-0-0-1391
Edit: I would note that it refers to the IJ above, but it would also reasonably apply to USCIS decisions.

I know. If you read the first line, I agree that they SHOULD have let USCIS know once it was FINALIZED. But Ash’s first post mentioned letting them know right after FILING the divorce, which seems like it would have been extremely against their best interests in this case and the case of any other states with long divorce processing times.

The only issue I can see here is determining who exactly did the approval. For ROC it gets sent to the service center and the service center can approve w/o interview. Or they can send it to the local office who will either interview or approve w/o interview. I believe some of the people this has happened to had different results based on who actually did the approval (but thats my own speculation!). It seems those who had an Officer do the approval in the local office were successful in getting an Officer to undo it. But anyway even if they didnt approve it at the local office they can send your files directly to the service center and communicate with the service center. A phone rep will technically do the same thing. However I am always weary of using the phone reps in that matter because they never seem to follow through. When you actually deal with a person in person its much more likely they will do what they say or else they know you will be back and they have to face you again. With the phone system you get a random person each time and its easy for them to say I know nothing about what the previous person said.... So if infopass can not help you you may want to consider going to your local representative. Everyone has 2 senators and one rep they can contact for immigration assistance. So personally if I had the choice of dealing with phone center on my own or using a congressperson I would use a congressperson hands down every time. The congressperson also has a direct contact line to USCIS so you would be sure your info of being divorced is submitted and if they choose to do nothing, well again at least you tried. I understand you do not want naturalization but things can change and you may choose to do it in the future. Also if you are ever going to attempt to petition for someone this is going to come up. So you have to at least try to get it fixed or get an acknowledgment that they know and are not doing anything about it. Best of luck to you!  

This has happened to others....
 
How long exactly were you approved? Did you get the new card in the mail yet? What you need to do is  GO TO INFOPASS!!! Bring a waiver 751 filled out and your divorce decree. Explain to them what happened. In one case they were able to go back in an amend the joint approved to a waiver approved. Depending on how long its been since approval they may be able to do this... In another case they were unable to do such and advised the person to send in a new waiver ROC and they were going to revoke the joint ROC approval as they couldnt amend it. Ive also seen people be told there was nothing they could do and for them to do nothing! So its really going to depend on how the Officer wants to handle it... For those advised to do nothing, well they did nothing but had documentation then that at least they tried for naturalization or any other issues that may come up in the future. 
Please go to infopass and let us know what happens!
 
 
 
 

Let me make sure I didn't miss anything. 
 
You applied ROC jointly. 
 
You got dicorced. 
 
You waited for an RFE. 
 
BUT you never informed USCIS in the meantime that a divorce was filed? How did you expect a RFE? USCIS are not mind readers. 
 
You already received good advice on how to amend this. Please come back and update us as it will be helpful. Thank you.