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London Consulate - Petitioner may have wages cut, but still within poverty threshold

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Hi all

My husband works an hourly shift type job. Throughout 2013, he made killer overtime and earned around $31,000 which is more than enough to satisfy the 125% poverty rate of $19,387.

Due to an incident at work, he has been stationed at a different site and the overtime is now severely lacking. As a result, if the hours don't pick up, we can expect to see his annual income fall from $31,000 to around $21,000 in 2014.

This is still within the poverty threshold, but as you can see, it is quite a big pay cut.

This is never an absolute thing - but would the London Consulate be likely to accept this as it does still satisfy the poverty guidelines?

We do have multiple people we could ask to become a joint sponsor, but we would very much rather not place this financial burden on someone if we can avoid it.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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Filed: K-1 Visa Country: Wales
Timeline

Current income is the income that counts.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Hi all

My husband works an hourly shift type job. Throughout 2013, he made killer overtime and earned around $31,000 which is more than enough to satisfy the 125% poverty rate of $19,387.

Due to an incident at work, he has been stationed at a different site and the overtime is now severely lacking. As a result, if the hours don't pick up, we can expect to see his annual income fall from $31,000 to around $21,000 in 2014.

This is still within the poverty threshold, but as you can see, it is quite a big pay cut.

This is never an absolute thing - but would the London Consulate be likely to accept this as it does still satisfy the poverty guidelines?

We do have multiple people we could ask to become a joint sponsor, but we would very much rather not place this financial burden on someone if we can avoid it.

To actually answer your question - so long as it's over the 125% rate, you're okay. As I said in a previous thread. London are usually a little lenient anyway, if you were under 125% they'd probably accept it and tell you to have it sorted ready for AOS because USCIS will stick to that limit without exception. But as you're over, you'll be fine.

"What's yours is mine!"

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Filed: K-1 Visa Country: Wales
Timeline

CR1 not K1

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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CR1 not K1

Limits are still the same and London will still look it over one way or another, even if it's sent as part of the NVC stage. Do actually try to be helpful for once in your life.

Edited by Wheatley

"What's yours is mine!"

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On top of that, my information holds. They're above the 125% so they are clear regardless of the visa type. The only difference is with K1s they're a bit more lenient on the I-134 whereas with the I-864 for CR/IR-1s they are absolute.

"What's yours is mine!"

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Limits are still the same and London will still look it over one way or another, even if it's sent as part of the NVC stage. Do actually try to be helpful for once in your life.

Aww, you're both being helpful.

Thanks for your responses. I was up until 3am last night freaking out over this. I think because I read so many of the MENA-origin posts, I get paranoid and forget I'm not dealing with the more difficult consulates blink.png I feel a little more relaxed now. I mean, even if they DID tell me his income is too unstable, they at least give us a year or so to find an additional sponsor. I need to stop being so pessimistic...

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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Aww, you're both being helpful.

Thanks for your responses. I was up until 3am last night freaking out over this. I think because I read so many of the MENA-origin posts, I get paranoid and forget I'm not dealing with the more difficult consulates blink.png I feel a little more relaxed now. I mean, even if they DID tell me his income is too unstable, they at least give us a year or so to find an additional sponsor. I need to stop being so pessimistic...

You're right, compared to the others London is a piece of cake. Manila doesn't accept joint sponsors, for example. The thing with tax transcripts and employer letters (in fact most, if not all financial documents) is that they're a snapshot in time. They're not looking for data that's correct to within a day, they're looking at the entire last year. So when you offer them the 2013 tax transcript, it's going to show $31,000 and they'll most likely nod, put it all into the file and move on.

Trust me, I psyched myself up so much that I didn't get much sleep the night before the interview. In the end, when I got into the Embassy the same thing happened when I used to get on stage for plays and things - my nerves disappeared and I just got on with it all. Just try and let it all come naturally, the pieces will fit into place and next thing you know you'll be on the plane.

"What's yours is mine!"

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You're right, compared to the others London is a piece of cake. Manila doesn't accept joint sponsors, for example. The thing with tax transcripts and employer letters (in fact most, if not all financial documents) is that they're a snapshot in time. They're not looking for data that's correct to within a day, they're looking at the entire last year. So when you offer them the 2013 tax transcript, it's going to show $31,000 and they'll most likely nod, put it all into the file and move on.

Trust me, I psyched myself up so much that I didn't get much sleep the night before the interview. In the end, when I got into the Embassy the same thing happened when I used to get on stage for plays and things - my nerves disappeared and I just got on with it all. Just try and let it all come naturally, the pieces will fit into place and next thing you know you'll be on the plane.

I do the same thing, I psyche myself up, then pull off a legit poker face throughout the whole ordeal :D I can't wait until this is all over so I can look back and laugh.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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Filed: K-1 Visa Country: Wales
Timeline

Manila joint sponsor issues relate to K's, not CR1 and is not absolute.

For income there are 2 issues, that you have paid your taxes, current income is the amount that needs to match the 125%.

If you have any doubts have a co sponsor to hand to be used if needed.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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