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Danish82

RFE on Affidavit of Suppot

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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

Hi to all members,

Just received an email from NVC that "my wife does not meet the minimum income requirements as per the poverty level.The counslar officer will make a decision regarding this requirement during the time of interview.In order to avoid delays you may wish to submitt an I-864 for another joint sponsor to assist in sponsoring the intending Immigrant."

Im quite confused here are they going to give me a date for an interview to appear with the I-864A at the time of interview or should I just send another AOS with joint sponsor to the NVC and than they will issue me a date for interview.

Wife is very depressed over there as we dont feel comfortable asking friends or family for the monetary help.She moved back 8 months ago and started a job at retail outlet earning quite fine above poverty level but this years reurn was definitely for only 6 months.

I believe this forum would be informative.

We recieved this RFE on Valentine's day. :(

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Hi to all members,

Just received an email from NVC that "my wife does not meet the minimum income requirements as per the poverty level.The counslar officer will make a decision regarding this requirement during the time of interview.In order to avoid delays you may wish to submitt an I-864 for another joint sponsor to assist in sponsoring the intending Immigrant."

Im quite confused here are they going to give me a date for an interview to appear with the I-864A at the time of interview or should I just send another AOS with joint sponsor to the NVC and than they will issue me a date for interview.

Wife is very depressed over there as we dont feel comfortable asking friends or family for the monetary help.She moved back 8 months ago and started a job at retail outlet earning quite fine above poverty level but this years reurn was definitely for only 6 months.

I believe this forum would be informative.

We recieved this RFE on Valentine's day. :(

As a fellow Houstonian I'm so sorry, Danish. I know how hard it is to approach friends and family. The only requirements for co-sponsorship are that the person be over 18 and a US Citizen, national, or permanent resident. I would swallow my fear and ask anyway because someone might surprise you. If you find one, send over their affidavit of support AND carry a copy to the interview in case they didn't get it.

Remember that delay is not denial. If you haven't already, ask your wife to have her employer issue a letter stating her title and how much she makes expressed as an amount per year. Also have her put together a copy of her 2012 tax forms (remember that if you were married at the end of last year, she must file married). If you can't find a co-sponsor until the interview, make sure you ask, "What specifically can we do to make sure we satisfy the requirements so the visa can be delayed as little as possible?" Good luck.

Edited by speedwell

I'm a dual US/Hungarian citizen (both by birth; Hungarian citizenship verification TBA), and my husband is a dual British/Irish citizen (by treaty) from Northern Ireland. We are atheists.

All advice is given pursuant to the Disclaimer that you may read at the bottom of each forum page.

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Filed: Timeline

Well the first thing you should do is make sure you filled out the form correctly and you do actually meet the guidelines based on her current income.

The new 2013 poverty guidelines go into effect in 2013. I believe its on March 1. So unless your interview is in the next two weeks, for a family of 2, its going up from 18,912 to $19,388.

Do you still qualify? Are you a family of 2? Does she have anyone else listed on her taxes? A child she has partial custody of? A parent she listed to claim head of household status? This raises the count on the 864. If you filled out the 864 wrong and counted yourself twice, as the immigrant and her spouse, you did it wrong and made the household size 3 instead of 2 and wont qualify.

If everything is fine and you are a family of 2 and her income is right at the level and the problem is just that she hasnt held the job long, then its going to come down to the CO reviewing the paper. The 864 policy states that the CO has wide discretion in approving them.

I dont have the exact terminology handy but it something like they have to consider the source of the income and determine if its stable as the 864 is a potentially long obligation. They have to decide based on her work history and their instincts how likely it is that shes going to be able to 'keep it up'. You have an advantage because youre going to be face to face with the person making the decision. If you see them wavering you can say things like- my wife is a hard worker and appeal to them.

Things that would help. A strong employment letter- saying her job is secure with room for advancement. If she has proof of degrees that shows shes qualified for high paying jobs.

--

According to the email, they are sending you to the embassy. You are getting the interview. In it, if they reject your wifes 864, theyll give you the temp denial slip to either come back with her 864 with more added to it (like assets or more income) or a co-sponsor if they accept co-sponsors. Hopefully theyll approve it.

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Filed: Citizen (apr) Country: Nigeria
Timeline

Just an FYI if you have signed your I-864 before new 2013 guidelines go into effect you are covered under current. So you would be fine needing to meet the 2012 guidelines.

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Filed: Other Country: China
Timeline

Hi to all members,

Just received an email from NVC that "my wife does not meet the minimum income requirements as per the poverty level.The counslar officer will make a decision regarding this requirement during the time of interview.In order to avoid delays you may wish to submitt an I-864 for another joint sponsor to assist in sponsoring the intending Immigrant."

Im quite confused here are they going to give me a date for an interview to appear with the I-864A at the time of interview or should I just send another AOS with joint sponsor to the NVC and than they will issue me a date for interview.

Wife is very depressed over there as we dont feel comfortable asking friends or family for the monetary help.She moved back 8 months ago and started a job at retail outlet earning quite fine above poverty level but this years reurn was definitely for only 6 months.

I believe this forum would be informative.

We recieved this RFE on Valentine's day. :(

This is not an RFE, as it doesn't ask you for anything. The R in RFE stands for "request". There was no request.

I take it your wife is using a combination of income and liquid assets on the I-864. This is the message all such sponsor's receive, no matter how much they show in assets to make up for an income shortfall. If you're confident the combination is more that sufficient, then just relax and move forward. If she really didn't qualify, they wouldn't have scheduled an interview. However, it is ALWAYS a judgment call by a Consular Officer.

How much was the income shortfall? How much in what kind of liquid assets were stated and documented to make up for the shortfall?

Edited by pushbrk

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