Embassy wants joint sponsor but have WELL over income requirements

[Amena14 3]

Need some advice please!

My husband just left the US Embassy in Kabul where he had his VISA interview today. Although they took his passport, they told him that they would not issue a VISA until we provided them with a joint sponsor.

This is what I provided them with;

1) 2014 Tax return with income of $125,464

2) 2013 Tax return with income of $150,133

3) Two recent paycheck stubs showing yearly income of $36,000

4) 401k with a value of $148,000

From 2011-2014 I was working for an American company as a contractor in Afghanistan. I was not working from January until May of this year while I was living with him as a citizen in Afghanistan. I returned to the US in May to obtain our domicile and being a new job which started a month ago.

Does anyone have any idea WHY they would tell him we need a joint sponsor? Is it because I was not employed for 9 months of this year and they don’t consider that “stable’?? It the only time in my life I have never not worked and it was only because I was living with him in his country.

He said the lady stated “Because she was working in Afghanistan and didn’t pay taxes, you will need a joint sponsor or wait until the end of this year when she files her tax returns.”

None of this makes any sense as I paid taxes for 2014 as clearly stated on my tax return. He offered to show her my pay check stubs for my current job but she did not want to see them.

This doesn’t at all seem right and I am SO confused. Why would this require a joint sponsor? I am not even sure if I can find one. Is it acceptable to contact the embassy for more information?

[pushbrk 12,882]

Need some advice please!

My husband just left the US Embassy in Kabul where he had his VISA interview today. Although they took his passport, they told him that they would not issue a VISA until we provided them with a joint sponsor.

This is what I provided them with;

1) 2014 Tax return with income of $125,464

2) 2013 Tax return with income of $150,133

3) Two recent paycheck stubs showing yearly income of $36,000

4) 401k with a value of $148,000

From 2011-2014 I was working for an American company as a contractor in Afghanistan. I was not working from January until May of this year while I was living with him as a citizen in Afghanistan. I returned to the US in May to obtain our domicile and being a new job which started a month ago.

Does anyone have any idea WHY they would tell him we need a joint sponsor? Is it because I was not employed for 9 months of this year and they don’t consider that “stable’?? It the only time in my life I have never not worked and it was only because I was living with him in his country.

He said the lady stated “Because she was working in Afghanistan and didn’t pay taxes, you will need a joint sponsor or wait until the end of this year when she files her tax returns.”

He received a yellow card requesting

1) A joint sponsor

2) 2014 Income tax return with W-2

3) Original signed I-864

Not only were the last two provided, none of this makes any sense as I paid taxes for 2014 as clearly stated on my tax return. He offered to show her my pay check stubs for my current job but she did not want to see them.

This doesn’t at all seem right and I am SO confused. Why would this require a joint sponsor? I am not even sure if I can find one. I want to contact the embassy but the “yellow card” says not to.

Any advice?

They are asking for all of this from the joint sponsor. Are you an "employee" at this new job, meaning you'll get a W2, or are you going to have a 1099, making you self employed.

If your currently an employee, I'm stumped as to "why" they would require this, but it seems they did, so compliance is appropriate. The only other thing you could do is send in a letter of explanation appealing to the head of the IV unit to review your affidavit of support again. If you do, include an even more recent pay stub and if you can, an employer letter. None of this should be needed, IMO, but Consular Officers have a lot of discretion in these matters.

[pushbrk 12,882]

Need some advice please!

My husband just left the US Embassy in Kabul where he had his VISA interview today. Although they took his passport, they told him that they would not issue a VISA until we provided them with a joint sponsor.

This is what I provided them with;

1) 2014 Tax return with income of $125,464

2) 2013 Tax return with income of $150,133

3) Two recent paycheck stubs showing yearly income of $36,000

4) 401k with a value of $148,000

From 2011-2014 I was working for an American company as a contractor in Afghanistan. I was not working from January until May of this year while I was living with him as a citizen in Afghanistan. I returned to the US in May to obtain our domicile and being a new job which started a month ago.

Does anyone have any idea WHY they would tell him we need a joint sponsor? Is it because I was not employed for 9 months of this year and they don’t consider that “stable’?? It the only time in my life I have never not worked and it was only because I was living with him in his country.

He said the lady stated “Because she was working in Afghanistan and didn’t pay taxes, you will need a joint sponsor or wait until the end of this year when she files her tax returns.”

None of this makes any sense as I paid taxes for 2014 as clearly stated on my tax return. He offered to show her my pay check stubs for my current job but she did not want to see them.

This doesn’t at all seem right and I am SO confused. Why would this require a joint sponsor? I am not even sure if I can find one. Is it acceptable to contact the embassy for more information?

What you provided seems like plenty to me. What did you state as your "current income" on the affidavit? Are you currently a W2 employee or 1099? How about the previous years, W2 or 1099? If you are not a W2 employee, you are self employed, and your current income will come from line 22 of your most recently filed tax return.

Edited October 20, 2015 by pushbrk

[mallafri76 1,012]

So when you sent in your i-864, you were unemployed or what did you write under current job/salary? Even though you've had a good pay in the last few years, US immigrations are more concerned with your current salary and job. They wanna make sure you have enough income/assets to support your husband once he immigrates to the US.

[Amena14 3]

So when you sent in your i-864, you were unemployed or what did you write under current job/salary? Even though you've had a good pay in the last few years, US immigrations are more concerned with your current salary and job. They wanna make sure you have enough income/assets to support your husband once he immigrates to the US.

I had an "Offer of Employment" so I went ahead and sent that to NVC with my I-864 as I knew by the time my husband had his interview, I would be employed by then. I even sent a letter stating so and that I would provide him with pay stubs when he went to the interview. NVC approved it and sent everything on to the embassy. I've been working at my new job for over a month now, so when he went for his interview this morning he brought my pay stubs for the last month with him. He tried to show them to her but she didn't want to see them. She stated "I know she is working but you will have to wait until the end of the year or get a co-sponsor".

She also stated that I didn't "pay taxes last year because I was working in Afghanistan" however she had my 2014 Tax return in front of her showing that I filed and paid a great deal of taxes.

See why I am confused?

Regardless, I guess we are at their mercy at this point. I am going to have to find a co-sponsor. *sigh*

[Penguin_ie 5,993]

It sounds like they do not want to accept the new job because it is so new.

[mallafri76 1,012]

Sorry to hear that. This process can be very frustrated when you get the wrong person handling your case. Sounds like you did everything you were suppose to but unfortunately, that doesn't matter if you get the wrong person handling your case. Believe me, we know, my husband and I have been stuck at supervisor review for five and a half months and with no end in sight. It's very frustrating.

Can you try and find a joint sponsor to help you? I know it's difficult but maybe a family member or a close friend? I don't know if you can appeal the interviewer's decision or maybe ask for a new review of your documents, since the interview itself seem to be approved. Maybe someone else on VJ can answer that.

I hope it works out for you. I know how frustrated you feel right now.

[pushbrk 12,882]

It sounds like they do not want to accept the new job because it is so new.

It does, but it might be worth a try to send a new I-864EZ stating the current income correctly as of today, and send that with a current pay stub as your response. Explain you situation as well, and plead your case. All such responses are reviewed at a higher level than the interviewer, and will likely get a better result. Of course, if you have a willing and qualified joint sponsor, go for it.

[Amhara 460]

He's what I would do:

I would write a very polite and concise letter (maybe even exhibits too) that their decision pertaining to support should be based on 22 CFR §40.41 Public charge. (http://www.ecfr.gov/cgi-bin/text-idx?SID=f306a014096c323dc93fc94ad80b9323&mc=true&node=se22.1.40_141&rgn=div8) Also note that your husband would not be considered a public charge per 9 FAM 40.41 (http://www.state.gov/documents/organization/86986.pdf)

Also see (http://www.state.gov/documents/organization/86988.pdf) and (http://www.state.gov/documents/organization/86989.pdf) and use (http://www.state.gov/documents/organization/86991.pdf)

Use these references in your communications with them because the CFR (Code of Federal Regulations) and FAM (Foreign Affairs Manual) are what they are supposed to be using. Ask them to explain their requirement of a joint sponsor using these citations as it's harder for them to define their decision based on these outlines.

Hope this helps!

[V24 21]

We also make way over the income but they asked for a joint sponsor because my husband has only worked a few months in his new job. We probably could have fighted to use his but we were just fed up and got a joint sponsor and they accepted it :/

[pushbrk 12,882]

We also make way over the income but they asked for a joint sponsor because my husband has only worked a few months in his new job. We probably could have fighted to use his but we were just fed up and got a joint sponsor and they accepted it :/

As in life, people are usually much happier to stick with their original decision than to be convinced to change it.

[Amena14 3]

Thank you all so much for your advice. I agree that maybe they think my new job is too "new". I am afraid his file will go to the bottom of the pile if I question the decision and make the process longer. I hated to ask him but my father agreed to be a joint sponsor. He's self-employed so it's going to take a while to get his documents in order…but we will get it.

Just going to have to wait a while longer. Maybe months, but I guess it's better than a "no".

Again, thank you so much.

[SHA2078640 0]

It depends on how many dependents you have.... Did you have a lot of dependents because its 19 k a year for 2 people to be approved and every person addeded under ur name as dependents is another 10k I belive

[pushbrk 12,882]

Closer to 5k per additional person, but the issue was not whether she earned enough to qualify. She does. It's just a new job.

[pitbull6 0]

That is odd. We have similar employment history. I worked there as a contractor as well and haven't worked since October 2014. Like you I have other assets which will get me through this employment hiatus. Unlike you, I don't have any recent employment.

Because of this I killed them with paperwork. Neither of my banks could provide a summary of my year-to-date deposits (which were few, the only ones were from some inheritance after my parents' passing last year), so I just provided all the monthly statements. My mortgage is low so I provided that statement (small liability and high-value asset, plus it's a rental). Additionally, I wrote a personal letter stating, in short, that I am currently unemployed but I saved a lot, have some valuable assets, own some liquid assets like stocks, and have plenty of cash on hand to get me through another year or so. According to my fiance, they didn't even look at my Affadavit of Support or the supporting documents.