CO did not want to see my evidence of current income during interview

[señoracalavera 21]

Hello,

I went with my husband to his interview at the Guatemalan Embassy last month. All went well until he told my husband that he was giving him a 221(g) yellow form because I did not meet the income requirements. My last tax year was low, i will admit that but currently I meet the poverty guidelines, it's almost the end of the year. He refused to see the checkstubs and the employers letter (he kept the letter).

The CO was quite rude and told my husband to get a sponsor. Should we do that? Should I contact the embassy and try to fight it?

[Ash.1101 1,756]

They can use their own discretion with things like this, while a lot of people say "Oh you'll be fine as long as you make over the exact line they say on the poverty guideline page!", it's not actually true. If he was given all the papers and financial proof, the paystubs and employer letter, he may feel you're just too close to the poverty line even though you make past it.

You said, "He kept the letter", do you mean your husband did or the CO did?

How close were you to the poverty line? Generally people who are close to the line still get the risk of being asked for a cosponsor. The closer you are to the line, the higher the chances the CO won't feel comfortable and ask for a cosponsor.

You could fight it if you choose too, but there's not much to fight if his reasoning is that he feels you're too close to the line, if it's easier to get a cosponsor, then go do that.

Edited November 9, 2015 by Ash.1101

[aaron2020 11,651]

Current income exceeding the poverty guidelines is not the sole consideration. It's only one factor. Its not determinative.

The law requires the I-864 to show that the immigrant is unlikely to be a public charge.

If a person's income only recently meets the poverty line, it may not show enough financial reliability to indicate the immigrant is unlikely to be a public charge.