**Urgent Please help** Tax return for sponsor who is unemployed

[Marrienne 112]

Damara thank you so much for taking the time to help out!!!

They are pretty strict, yes. The divorce thing, I might have not explained correctly. There are two forms of this divorce. The long form that lists everything in detail and the short form "hi, these people are divorced, bye". We had the long form, translated in English and Greek and notarized (apostiled). We used this in everything with no issues thus far.
When we went in for the I-130 submission they were asking for each document from my pile as they needed it and scrutinized it carefully before asking for the next one. So when I handed over the divorce, she said it was fine.

They *thought* a paragraph was missing on the translation, it was not. And after they made us translate it AGAIN, (a whole month later), they decided it was the SHORT form that they wanted and the long form would not do!!

That's the part where I blame them

Please note *I* am not the one who wants to try to plead with them. It is the joint sponsor and thus I have to at least try.
I do believe if this doesn't work, he will yield but ok.

I am saying what I am saying about I-84A in total confidence because I DO have the instructions and the appropriate part right in front of me and nowhere does it say that it is still in their discretion to ask for it.
The lawyer is a US immigration lawyer.

I am sure I will have an answer on Monday either way. I have sent them the appropriate proof and plead my case, what will come out, is unknown. We shall see.

Again everyone, thank you SO much for taking the time to help me out!!! I will absolutely keep you posted!!

PS. Yes the part where I didn't include a short letter explaining the lack of taxes from hubby WAS my oversight I thought they would put two and two together on their own

[Marrienne 112]

Well, Monday came and went, no reply from the Consulate, which means they are looking things over. I suspect this based on the fact that with all my other inquiries they've replied straight away with an answer.
I will keep you posted if I hear something!!
Thank you once again!

[Marrienne 112]

**Update **

Well we pled our case but the Embassy won't budge. They want the form. I mailed our sponsor who is very reluctant so we shall see what he says and whether we can proceed or drop the whole thing and reassess.

I will keep you posted!

[Marrienne 112]

Wish the title could be edited. This has now become "The Consulate is asking for papers that were not supported by their instructions or required under their guidelines".

This is ridiculous.

It will take at least 3 more weeks to get the papers they want (IF the sponsor yields and won't fight this further) plus another week to ship, plus another few days to it to arrive to them... we are not leaving here until August which means the kids missed their summer EL class, I can't look for a teaching job (since schools start in August), we have to buy more medicine out of pocket for my husband which we can't really afford... I don't know where to vent my frustration!!!
They are overstepping THEIR OWN RULES!!! We followed EVERYTHING to the letter!!! We gave them EVERYTHING they wanted, we followed their instructions to a "T" and now they are asking for things that are the OPPOSITE of what their guidelines say.

I want to cry, seriously I just want to cry!

[Marrienne 112]

Aaaaand yet another update, we just got another email from the Consulate. It says they will NOT require I-864A if we send them the W-2s from 2015 (when we filed, it wasn't up for the tax season yet).
So he will do that

[B&Z 201]

Aaaaand yet another update, we just got another email from the Consulate. It says they will NOT require I-864A if we send them the W-2s from 2015 (when we filed, it wasn't up for the tax season yet).

So he will do that

Yayyyy!!! That's great news!

[Marrienne 112]

Yayyyy!!! That's great news!

Yup! I wish they had told me with their FIRST email of the day. I wouldn't have spent an hour and a half crying

[Marrienne 112]

Uhm, guys? Our joint sponsor does not have a W2 because he earns no wages. He has K1s and 1099s as his income comes from investments and a pension. He sent these immediately via email (scanned copies) these and I forwarded them to the consulate. He makes over $95,000 a year and we have also provided proof of individual assets of over $400,000. This SHOULD be enough?

[B&Z 201]

Did he file 2015 taxes at all and you provided his 2015 return+1099's, etc?

(Sorry, if you have already covered this somewhere in this thread...I've forgotten)

[Marrienne 112]

Did he file 2015 taxes at all and you provided his 2015 return+1099's, etc?

(Sorry, if you have already covered this somewhere in this thread...I've forgotten)

Yes, exactly. Everything is current for 2015 now.

[B&Z 201]

Okay, since you already provided the info to the consulate, I think the amount looks good. Only way to find out is wait for their response. Hopefully you get to move on to the next steps!

[Harpa Timsah 13,258]

If you show complete tax returns for 2015, it should be fine. Not everyone has W2s, but it is the most common thing, so often people just say W2s for proof of wages, for sort of a lazy shorthand.

[jan22 3,052]

Wish the title could be edited. This has now become "The Consulate is asking for papers that were not supported by their instructions or required under their guidelines".

This is ridiculous.

It will take at least 3 more weeks to get the papers they want (IF the sponsor yields and won't fight this further) plus another week to ship, plus another few days to it to arrive to them... we are not leaving here until August which means the kids missed their summer EL class, I can't look for a teaching job (since schools start in August), we have to buy more medicine out of pocket for my husband which we can't really afford... I don't know where to vent my frustration!!!

They are overstepping THEIR OWN RULES!!! We followed EVERYTHING to the letter!!! We gave them EVERYTHING they wanted, we followed their instructions to a "T" and now they are asking for things that are the OPPOSITE of what their guidelines say.

I want to cry, seriously I just want to cry!

I don't often log into the DC Forum, so have not followed this post; however, I read it today and wanted to respond to (perhaps) relieve some of your frustrations by explaining something about the I-864. While it is "normally" sufficient on its own when a sponsor meets the income requirement, the consular officer must consider the "totality of the situation" to make the final determination that the beneficiary overcomes the public charge reqirement. They are required to look at, at a minimum, the following factors for the applicant:

Age

Health

Family Status (marital status and number of dependents responsible for)

Assets

Financial Status ane Resources

Education or Skills.

Your case appears to have a few points that would make an officer consider the issue of public charge quite carefully. The primary sponsor (your husband) -- who is normally responsbile for meeting the financial support requirement for the beneficiary -- is not employed in the US and has not been employed outside the home for the past 15 years, so is unable to meet the financial requirement and must rely on a joint sponsor who may be called upon to support the family. (Not making a value judgment here -- just stating the fact as seen by the consular officer). Add to that your husband's health issues (which will be better cared for in the US, but may still prevent him from outside employment, especially upon arrival). Add to that your financial status and assets, which are very low right now. Finally, add in that you will be, at first at least, unable to obtain employment that takes advantage of your education and will seek employment in a fairly low-paying position (educational paraprofessional). And, you will be supporting a family of five with that income.

All of these factors are weighed against the public charge requirements and the fiancial support evidence as submitted (your sponsor's I-864 with 0 income and your joint sponsor's with sufficient income but no agreement from his spouse to share their financial resources with you). Again -- just looking at it as the officer has to, not judging anything/anybody. Sometimes, even with a valid I-864 that meets income requirements, a visa can be denied. The officer in your case is being cautious but still leaving it open for you to sumbit evidence that will convince him/her that you do, in fact, overcome the potential public charge issue. I know it's frustrating, but he/she is actually trying to help you.

Suggesting/Trying to require the I-864a was a part of that process. I'm glad to see the Embassy is still working with you to resolve their doubts and get the visas issued. And, BTW, contrary to your lawyer's statement, the Embassy will not be "in a world of hurt" for requesting more documentation and following the requirements. I hope that understanding a bit more about the requirements might relieve at least a bit of your frustration about being asked for additional docuemntation when you're sure you submitted everything requires -- you have more than enough stress right now without adding further stress about the process.

Sounds like you're approaching the end of it, though -- hope so.

[Marrienne 112]

Jan, thank you SO much for taking the time to write in such detail!!!
I DO see where they are coming from now, yes. They also have a signed affidavit from both the joint sponsor and his wife, detailing how they bought us a house, and how they plan to support us in the future too.

What worries me in your message is what you write about the interview. I thought that by submitting all the papers in advance (from what I have read here most Consulates just have you bring them with you on the day of), they can tell you if you need anything else and the interview is just to verify bona fide marriage. So, you are saying that we might still get denied because of the I-864 (even though our joint sponsor is very very wealthy even without his wife's assets)??
They did go back and told us to just send the 2015 papers (it shows in 2015 he actually made MORE than 2014 - but even that was like x4 the income requirement).
Logically I should hear back from them in 2-3 days.

If you have a strong joint sponsor you will not become a public charge, right? I thought immigrants are not entitled to anything anyway, yes? How will you become a public charge? (unless you go in the hospital or something). Won't they ask the sponsor to pay?

[N-o-l-a 7,167]

If you have a strong joint sponsor you will not become a public charge, right? I thought immigrants are not entitled to anything anyway, yes? How will you become a public charge? (unless you go in the hospital or something). Won't they ask the sponsor to pay?

In most cases, any benefits obtained that would have to be repaid by a sponsor would have to be done fraudulently. For example, let's say a new immigrant applies for food stamps but says they are a US citizen (a huge no-no), that would be benefits a sponsor would have to repay.