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Posted

My husband had his interview on Friday (in the UK). Everything went very well until they got to the Affidavit of Support. They took one look at my 2010 taxes and said I did not make enough money, and we needed a co–sponsor. I started work May 2010; I was aware that I did not make enough in 2010. I had supplied them with paystubs and copies of checks, proving I made enough in 2011. We are finding it difficult to find a co-sponsor. My question is this, do we have to provide a co-sponsor, as instructed on the Blue Slip? Or can I file the Affidavit of Support again (with a letter from my employer and including his assets – proving enough income)?

Thanks in advance.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

My husband had his interview on Friday (in the UK). Everything went very well until they got to the Affidavit of Support. They took one look at my 2010 taxes and said I did not make enough money, and we needed a co–sponsor. I started work May 2010; I was aware that I did not make enough in 2010. I had supplied them with paystubs and copies of checks, proving I made enough in 2011. We are finding it difficult to find a co-sponsor. My question is this, do we have to provide a co-sponsor, as instructed on the Blue Slip? Or can I file the Affidavit of Support again (with a letter from my employer and including his assets – proving enough income)?

Thanks in advance.

Whose assets? Your husband's?

Are you a wage/salary earner? Contractor?

What are your annualized earnings for 2011?

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted

Whose assets? Your husband's?

Are you a wage/salary earner? Contractor?

What are your annualized earnings for 2011?

Thanks for your quick response.

I am the sponsor, and I have two kids, so we have to meet the minimum for a family of four, which is $27,937. My annual salary from my day job is $23,800. My annual income from my small business is about $10,000. I can use those two numbers to qualify. Alternatively, if I just use my day job income, I am about $5,000 short. Five years times $5,000 is $25,000, which can be covered by my husband’s assets.

So, do we have to provide a co-sponsor, as instructed on the Blue Slip? Or can I file the Affidavit of Support again with the above info?

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Thanks for your quick response.

I am the sponsor, and I have two kids, so we have to meet the minimum for a family of four, which is $27,937. My annual salary from my day job is $23,800. My annual income from my small business is about $10,000. I can use those two numbers to qualify. Alternatively, if I just use my day job income, I am about $5,000 short. Five years times $5,000 is $25,000, which can be covered by my husband's assets.

So, do we have to provide a co-sponsor, as instructed on the Blue Slip? Or can I file the Affidavit of Support again with the above info?

On your 2010 tax return what is shown on line 22? That's the income number. For the self employment part it is the net, not the gross that is used. And self employment is always calculated using the most recent year's tax return. 2011 self employment income can't be considered until the tax return is filed.

If your current annualized salary/wages do not meet the requirement then you'd be better off securing a joint sponsor rather than waiting for your next tax filing.

What comprises your husband's assets? Cash? Stocks? Real estate? Where is/are the asset(s) located?

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted

My husband had his interview on Friday (in the UK). Everything went very well until they got to the Affidavit of Support. They took one look at my 2010 taxes and said I did not make enough money, and we needed a co–sponsor. I started work May 2010; I was aware that I did not make enough in 2010. I had supplied them with paystubs and copies of checks, proving I made enough in 2011. We are finding it difficult to find a co-sponsor. My question is this, do we have to provide a co-sponsor, as instructed on the Blue Slip? Or can I file the Affidavit of Support again (with a letter from my employer and including his assets – proving enough income)?

Thanks in advance.

Did you list your current income on the I-864 and not what last years taxes say on lines #22, 23, 24a? Did you show them your pay stubs, explain the tax return only covered part of a year, and discuss options with them? Are you just barely there or will be well above for 2011? I think I would call the embassy number and get the email code so your questions will go to an actual officer via email. Explain what happened and outline what your income and assets are. Tell them from May 2010 to May 2011 you earned $____ and that you can get further proof in the form of an employer letter. If you've had any pay raise since starting, tell them you current monthly wage. Then ask them if you have to get a co-sponsor because the form said so, or if they feel you can better document your own income and get approved. That would be the best way to get an answer and know how to proceed.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Posted

On your 2010 tax return what is shown on line 22? That's the income number. For the self employment part it is the net, not the gross that is used. And self employment is always calculated using the most recent year's tax return. 2011 self employment income can't be considered until the tax return is filed.

If your current annualized salary/wages do not meet the requirement then you'd be better off securing a joint sponsor rather than waiting for your next tax filing.

What comprises your husband's assets? Cash? Stocks? Real estate? Where is/are the asset(s) located?

My 2010 taxes show $24,400, including $9,975 from my small business. I was aware this wasn't enough (as my day job started in May 2010), so I had provided them with copies of all my 2011 pay stubs and copies of checks (for the small business). If 2011 income won't be included until shown on the tax form, I can understand why it was ignored then. His assets are in the form of bonds, located in the UK.

Posted

Did you list your current income on the I-864 and not what last years taxes say on lines #22, 23, 24a? Did you show them your pay stubs, explain the tax return only covered part of a year, and discuss options with them? Are you just barely there or will be well above for 2011? I think I would call the embassy number and get the email code so your questions will go to an actual officer via email. Explain what happened and outline what your income and assets are. Tell them from May 2010 to May 2011 you earned $____ and that you can get further proof in the form of an employer letter. If you've had any pay raise since starting, tell them you current monthly wage. Then ask them if you have to get a co-sponsor because the form said so, or if they feel you can better document your own income and get approved. That would be the best way to get an answer and know how to proceed.

I did list my current income, and provided copies of all pay stubs and checks received for 12 months (even provided a pretty spreadsheet detailing the attachments). For 2011, I am just above guideline, not including my husband's assets.

I have not contacted the embassy, as I wasn't aware this was an option. So, could my husband call the embassy to request the email code? (It would be easier for him to call with the time difference and I wouldn't incur the international long-distance fees.)

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

My 2010 taxes show $24,400, including $9,975 from my small business. I was aware this wasn't enough (as my day job started in May 2010), so I had provided them with copies of all my 2011 pay stubs and copies of checks (for the small business). If 2011 income won't be included until shown on the tax form, I can understand why it was ignored then. His assets are in the form of bonds, located in the UK.

The 2011 business activity can't be considered yet. sad.gif

Assets must be easily convertible into cash without undue harm to the owner. That's a determination that is made by the interviewing officer. Also, assets held outside the US are not always accepted as there is no easy way (in the event that the I-864 is enforced) for US gov't to force the asset liquidation.

If he liquidated some bonds and the proceeds put on deposit in the US that would make them "better." Also, they should be factored at 3:1 rather than 5:1. (A bit of sunshine on the gloomy circumstances) cool.gif

These I-864 FAQ's may be helpful to you as well >>> http://travel.state.gov/visa/immigrants/info/info_3183.html#24

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted

The 2011 business activity can't be considered yet. sad.gif

Assets must be easily convertible into cash without undue harm to the owner. That's a determination that is made by the interviewing officer. Also, assets held outside the US are not always accepted as there is no easy way (in the event that the I-864 is enforced) for US gov't to force the asset liquidation.

If he liquidated some bonds and the proceeds put on deposit in the US that would make them "better." Also, they should be factored at 3:1 rather than 5:1. (A bit of sunshine on the gloomy circumstances) cool.gif

These I-864 FAQ's may be helpful to you as well >>> http://travel.state.gov/visa/immigrants/info/info_3183.html#24

Wow, you gave me some really good info. Thank you! I will share this info with hubby, and regroup. Let me ask one more question. Can my husband cash out his bonds and deposit them into my savings account, and then I list them as assets? Would this solve the problem?

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Wow, you gave me some really good info. Thank you! I will share this info with hubby, and regroup. Let me ask one more question. Can my husband cash out his bonds and deposit them into my savings account, and then I list them as assets? Would this solve the problem?

That ought to be ok as the cash would be coming from your husband and he can document ownership of the $$$. You'd want to include a paper trail showing his ownership of the bond/cash for at least 12 months prior.

If someone (relative or not) suddenly deposited money into your account that might not be accepted as it could be seen as simply parking some cash there to satisfy the 864 long enough for approval. In your scenario it's money/assets he owned and it was transferred into your (or a joint ) account. Husbands and wives do that sort of thing. innocent.gif

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted

I have not contacted the embassy, as I wasn't aware this was an option. So, could my husband call the embassy to request the email code? (It would be easier for him to call with the time difference and I wouldn't incur the international long-distance fees.)

Here's the embassy number from within the UK:

Operator Assisted Visa Information Call 09042-450-100 (120p/min)

Monday through Friday, between 8.00 am and 8.00 pm, and Saturday, between 10.00 am and 4.00 pm

This number is a premium number and only available in the U.K., within U.K. may be unavailable from some business telephones and mobile networks.

The person answering won't be able to give any decent info. Have him insist he needs to ask information of an immigration officer. They will give out an email code to be put in the subject line. I suggest if it was your financial information, you use the code to do the explaining. Your fiance may have done a less than stellar job of presenting the case to the officer because he didn't understand it all. Maybe they didn't look at your documentation. So you should do the inquiry. $24K on last year's return should be fine, so I don't understand it either.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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