Additional AOS Required

[tsx2010 0]

Hello,

I passed the NVC and everything went well.. The interview went great but further documents were requested... documents were processed and now the embassy are saying sponsor AOS is not sufficient....but I passed the NVC... what is the reason for this? Anyone have any ideas why this might be?

[Otto 83]

Could you be more specific about what the Embassy/Consulate is saying?

[tsx2010 0]

Could you be more specific about what the Embassy/Consulate is saying?

your joint sponsor’s income is not sufficient to meet poverty guidelines given his household size. Please obtain a new joint sponsor and mail us the following items so we may finalize your wife’s visa application/

But.. I have provided bank statements that EXCEEEEED the poverty guidelines... i passed the NVC with it being approved but its confusing on why the consulate is not approving it. Even at the interview... they said everything was okay...

[Anh map 2,098]

The interviewing CO makes the ultimate decision. Either demonstrate that your co-sponsor does meet the requirements or obtain another co-sponsor.

You are almost over the goal line. Don't get discouraged.

[pushbrk 13,181]

your joint sponsor’s income is not sufficient to meet poverty guidelines given his household size. Please obtain a new joint sponsor and mail us the following items so we may finalize your wife’s visa application/

But.. I have provided bank statements that EXCEEEEED the poverty guidelines... i passed the NVC with it being approved but its confusing on why the consulate is not approving it. Even at the interview... they said everything was okay...

NVC doesn't approve affidavits of support. A joint sponsor's bank statements would need to show 5 times the number from the 125% of poverty level tables. There's no arguing with this request. Send what they ask for or find a qualified sponsor.

[tsx2010 0]

NVC doesn't approve affidavits of support. A joint sponsor's bank statements would need to show 5 times the number from the 125% of poverty level tables. There's no arguing with this request. Send what they ask for or find a qualified sponsor.

Also, if I do choose to find a new joint sponsor, this is one of the requirements:

Notarized statement from joint sponsor explaining his/her relationship to you, why he/she has agreed to sponsor your wife, and a detailed description of the monthly expenses that he/she will cover for your wife

In this case... what are they looking for exactly in "monthly expenses that would be covered"? Is there a range dollar wise that would be sufficient?

I greatly appreciate alll the help!

[christeen 966]

I have never heard of that requirement to supply the monthly amount??? Is that what the consulate demanded you to provide???

As far as NVC saying OK... They are not the ultimate approval, the consulate is... But this statement above is strange, never seen it before???

[tsx2010 0]

I have never heard of that requirement to supply the monthly amount??? Is that what the consulate demanded you to provide???

As far as NVC saying OK... They are not the ultimate approval, the consulate is... But this statement above is strange, never seen it before???

Yes, that is what they are asking me for when I find a new sponsor.

However, they requested the samething during the interview from my wife and I provided them with this document from my sponsor. After reviewing the document... they now tell me the sponsor doesnt qualify...

[christeen 966]

Yes, that is what they are asking me for when I find a new sponsor.

However, they requested the samething during the interview from my wife and I provided them with this document from my sponsor. After reviewing the document... they now tell me the sponsor doesnt qualify...

Was the co-sponsors income sufficient (above the 125%) or were you using assets of the co-sponsor??? (5x the 125%)?

[tsx2010 0]

Was the co-sponsors income sufficient (above the 125%) or were you using assets of the co-sponsor??? (5x the 125%)?

I basically calculated the difference between poverty guidelines and income and got the difference.

Then i multiplied the difference by 5.

Is this the correct method? Or did I make a mistake?

The number I got after multiplying the difference by 5 is what I provided with Bank Statements.

[christeen 966]

So the joint sponsor does not make above the 125% without the use of assets to cover the difference it that correct?? Well, that might be the issue. In many cases when using a joint sponsor, many consulates want to see that the joint sponsor either makes the sufficient amout OR they have the full assets to cover the 5x the 125%. Using the combination method "in theory" is within the guidelines, however if it is a case of the joint sponsor perhaps not earning enough without the use of some assets, it raises red flags.

If the situation is as stated above and you do not earn enough, and the joint sponsors income/assets are sketchy or close to the limits... Then yes, you might have a problem and I would certainly look for another joint sponsor.

As far as the monthly amount they are wanting... that one still baffles me since the sponsor is on the hook for re-paying the govt for any means tested assistance. Do you show any income to support your spouse?? If not, then perhaps they are questioning how you will maintain them in the USA and want to know that the joint sponsor or someone will be taking the responsibility of paying for their needs? This is just a possibility.

[tsx2010 0]

So the joint sponsor does not make above the 125% without the use of assets to cover the difference it that correct?? Well, that might be the issue. In many cases when using a joint sponsor, many consulates want to see that the joint sponsor either makes the sufficient amout OR they have the full assets to cover the 5x the 125%. Using the combination method "in theory" is within the guidelines, however if it is a case of the joint sponsor perhaps not earning enough without the use of some assets, it raises red flags.

If the situation is as stated above and you do not earn enough, and the joint sponsors income/assets are sketchy or close to the limits... Then yes, you might have a problem and I would certainly look for another joint sponsor.

As far as the monthly amount they are wanting... that one still baffles me since the sponsor is on the hook for re-paying the govt for any means tested assistance. Do you show any income to support your spouse?? If not, then perhaps they are questioning how you will maintain them in the USA and want to know that the joint sponsor or someone will be taking the responsibility of paying for their needs? This is just a possibility.

Yes, you are correct. My sponsor does not meet the 125% guidelines, so I combined the income with the assets. If going off the 125% x 5 only, the sponsor will not meet have the sufficient amount to meet that level. My understanding was that I could use the income and if there is a difference, I could multiply the difference by 5 and provide the amount with assets.

Yes, I do work, however, I am a full time pre-med student and my income is not that great since I only work part-time so I definitely need a sponsor. However.. I could support my wife without a sponsor.

So my understanding is that I could either provide income that surpasses the poverty guidelines OR provide assets that equal the 125% x 5?

Edited March 14, 2010 by tsx2010

[christeen 966]

Yes, you are correct. My sponsor does not meet the 125% guidelines, so I combined the income with the assets. If going off the 125% x 5 only, the sponsor will not meet have the sufficient amount to meet that level. My understanding was that I could use the income and if there is a difference, I could multiply the difference by 5 and provide the amount with assets.

Yes, I do work, however, I am a full time pre-med student and my income is not that great since I only work part-time so I definitely need a sponsor. However.. I could support my wife without a sponsor.

So my understanding is that I could either provide income that surpasses the poverty guidelines OR provide assets that equal the 125% x 5?

I understand what you were doing and in "theory" this should be acceptable, but it is entirely up to the consulate and they tend to take the entire situation into consideration and they must have some doubts regarding the joint sponsor and using the "calculate the difference" method. Although it is an acceptable method of calculation on paper, what the consulate will permit and approve is unfortunatly, in their hands...

So it seems that you are left to find another joint sponsor who meets the criteria either with income (preferrably) or with the total assets necessary. With this, I think since they know that you are probably scrambling to find someone else, they want the new joint sponsor to write a letter stating the reasons they are helping you (like he is my best friend and has helped my family over the years... or he is family and I believe in his ability to support his wife and I would like to offer my full support... etc....) As far as the monthly amount, I would have them put that currently you provide sufficient income to support them, but would be willing to cover any housing/food costs up to like $900 a month) ... These are just numbers I am pulling out, of course the new joint sponsor needs to earn enough to be able to support whatever amount you say they are willing to give you without leaving themselves in the hole, if you know what I mean.

Perhaps others have better ideas, but this would be my .02 cents.

[tsx2010 0]

I understand what you were doing and in "theory" this should be acceptable, but it is entirely up to the consulate and they tend to take the entire situation into consideration and they must have some doubts regarding the joint sponsor and using the "calculate the difference" method. Although it is an acceptable method of calculation on paper, what the consulate will permit and approve is unfortunatly, in their hands...

So it seems that you are left to find another joint sponsor who meets the criteria either with income (preferrably) or with the total assets necessary. With this, I think since they know that you are probably scrambling to find someone else, they want the new joint sponsor to write a letter stating the reasons they are helping you (like he is my best friend and has helped my family over the years... or he is family and I believe in his ability to support his wife and I would like to offer my full support... etc....) As far as the monthly amount, I would have them put that currently you provide sufficient income to support them, but would be willing to cover any housing/food costs up to like $900 a month) ... These are just numbers I am pulling out, of course the new joint sponsor needs to earn enough to be able to support whatever amount you say they are willing to give you without leaving themselves in the hole, if you know what I mean.

Perhaps others have better ideas, but this would be my .02 cents.

I greatly appreciate your help, it is unfortunate they decide if they would accept the combining of income + assets... I always thought that would be okay. Do you think it would be worth a try to email them back and explain how I was using the assets and income to go above the 125%? Or would that have a negative impact on my case? I am just curious to hearing anyone's opinion on this.

Once again, I greatly appreciate your help and input Christeen.

[pushbrk 13,181]

I greatly appreciate your help, it is unfortunate they decide if they would accept the combining of income + assets... I always thought that would be okay. Do you think it would be worth a try to email them back and explain how I was using the assets and income to go above the 125%? Or would that have a negative impact on my case? I am just curious to hearing anyone's opinion on this.

Once again, I greatly appreciate your help and input Christeen.

When it comes to the affidavit of support, there is no goal line to cross that is predefined that assures success, only that not crossing it assures failure. Some of your earlier response was very telling.