Hey everyone,
I have a bit of a very weird, baffling situation here that needs some reflection and insightful advice. First, let me give you the facts:
1-I, the applicant, attended an interview at the U.S. embassy as the IR1 immigrant visa as a spouse of a U.S citizen a few months ago.
2-This is about the I-864 Affidavit of Support (AOS) for the US spouse and the Joint Sponsor (JS).
3-My wife had 0 income for the past 3 tax years and was not required to file due to income being below required amount (letter of explanation for not filing was attached).
4-This was the case at the time of filing and interview as well.
5-We had a joint sponsor who for the year of filing (2019) - Covid conditions delayed our case until today.
6-At interview, consular asked for joint sponsor's 2020 taxes - I asked if we can change the joint sponsor, the consular said I could if I cannot get 2020 taxes or the JS's income is below required limits.
The result was 221g.
7-After the interview, my wife had moved back to the US, got employed, and now makes more than enough income for the both of us (based on Poverty Guidelines).
Note that, taxes are still 0 for all 3 most recent years, but source and level of income has now changed.
8-We submitted new I-864 AOS for the petitioner and we sent paystubs and all the usual AOS evidence to prove income.
9-We submitted new I-864 AOS for a new JS with 2020 tax returns that meets & exceeds the income requirements for the household size + me.
This was just to make sure they won't turn us down for some trivial excuse.
Note that, the AOS form had "I am the only joint sponsor." checked for both old and new JS.
10-They called the new JS and confirmed he's in agreement and that he actually knows me (that he's been my friend for years).
11-US Embassy calls me and says they want another, new joint sponsor that "I know".
They didn't say why or justified why my wife's income was not considered. This is so far the most baffling part.
12-Communicating with the embassy is just not the best option at all. They either don't respond at your emails, or they overlook things (yes, they really do!).
We're so confused by the current situation as looks as if though we've done everything by the book and yet we're still getting turned down.
So, I'll do my best to phrase my questions:
1) Does the length of employment for the petitioner matter for sponsorship purposes? If yes, how long does it need to be?
2) Why would they still need a joint sponsor if the petitioner already meets and exceeds minimum income levels for household size based on Poverty Guidelines)?
Isn't the purpose of a JS is to meet sponsorship requirements IF the petitioner doesn't? I'm either missing something or they clearly made a mistake.
3) Since I cannot provide another new joint sponsor at this point, and my wife's income should be sufficient (2021 taxes will still be 0 and a letter of explanation will be attached) ...
Should we submit a new AOS for the petitioner? And when? provided the answer for question #1.
4) How do we withdraw the joint sponsors' (old and new) AOS ourselves?
5) Has anyone been in a similar situation where they asked for another JS despite the first or second one being qualified, and the petitioner as well.
I hope I explained the situation well and phrased the questions properly. We could really use some helpful input here.
Thank you very much!