Affidavit of support: proof of current income?

[senegalamour 3]

My husband had his CR-1 immigrant visa interview last week.  They didn't doubt our relationship, but they requested more financial evidence.  My current salary is over $51,000, more than double the recommendation for a 2-person household.  I've been at my current job since October 2016 but before that I was a graduate student so my 2016 tax returns only show an income of $9,000.

 

In addition to my 2016 tax returns, I submitted proof of my current income with my AOS: a letter from my employer, bank statement showing over $6,000 in my checking account, pay stubs for the past six months, my house assessment, and mortgage statement.  I don't know what other proof of finances I can provide.  I don't have anyone who is in the position to co-sponsor.

 

Any advice or guidance would be very helpful.

[aayitrun 66]

you should call a tier 2. the affidavit of support is a very binary thing. either u have the means or you don't. 6 months of paystubs with that income should be fine.

[senegalamour 3]

17 minutes ago, aayitrun said:

you should call a tier 2. the affidavit of support is a very binary thing. either u have the means or you don't. 6 months of paystubs with that income should be fine.

What is a "tier 2"?

[geowrian 22,337]

27 minutes ago, aayitrun said:

you should call a tier 2. the affidavit of support is a very binary thing. either u have the means or you don't. 6 months of paystubs with that income should be fine.

The OP had the interview already, so they heard from the CO directly. A Tier 2 won't be able to tell them any more than the actual officer covering their case (not to mention that NVC can't do anything about a CO's decision).

 

The I-864 does have more defined minimum requirements, but the public charge concern is still at the discretion of the CO based on the totality of the circumstances.

 

@OP

Are there any unusual circumstances in your situation that may make them think you require additional income (i.e. health issues not covered by insurance)? Beyond that, it kinda sounds like you provided more info than necessary...assets aren't needed if income is sufficient. Since you listed them, I'm assuming the CO wants to see all the documentation regarding those assets.

Edited October 2, 2017 by geowrian

[senegalamour 3]

No, there aren't any unusual circumstances that would make them think we require additional income.  The CO asked for 2017 tax information (which isn't available until January/February 2018) or a joint sponsor.  Nothing about needing additional information about the assets I listed.

 

You're right about tier 2 not having authority: I just called NVC and they said that it was in the hands of the embassy now.  The embassy has complete jurisdiction over the case decision now.  I asked if there was a supervisor at the embassy I could contact, and the NVC representative said that was up to the embassy: he doesn't know the organization of each embassy.

 

I contacted my state senators and house representative.  Has anyone had any success appealing through them?

[geowrian 22,337]

6 minutes ago, senegalamour said:

No, there aren't any unusual circumstances that would make them think we require additional income.  The CO asked for 2017 tax information (which isn't available until January/February 2018) or a joint sponsor.  Nothing about needing additional information about the assets I listed.

That's so strange...and they obviously can't require 2017 tax info yet. Do you have a copy of the 221g that your husband received (masking personal info, obviously)?

 

Quote

I contacted my state senators and house representative.  Has anyone had any success appealing through them?

They can't force anything, but the inquiries can help get clarification.

 

Good luck! Please keep the thread updated as you hear more. Thanks.

Edited October 2, 2017 by geowrian

[senegalamour 3]

Here is a copy of the 221g.

[Villanelle 4,122]

Im sorry you are in this situation. As you know the Officer has discretion when approving the 864. Unfortunately they deemed you unstable. Probably because this is your first year at the job and the years before that you were not making significant money. 

 

You are going to need to find a co-sponsor (it doesnt have to be family) OR come up with more assets (how much equity is in the house?) OR wait until you have 2017 tax returns and try again (you can probably hold your case until then).

The senator or congressman cant help you.

[geowrian 22,337]

Thanks. Well, I'm not too sure what to say here as clearly you cannot have a W-2 for 2017 yet. Either they made a mistake and meant to ask for your 2016 W-2s, or they want to wait to see your 2017 return. Or to get a joint sponsor. The CO can request that due to the public charge concern and having a relatively new job, but it's not the norm except for maybe for the India consulates, which I heard look at all 3 past years even if you currently have enough income.

Edited October 2, 2017 by geowrian

[pushbrk 12,883]

3 hours ago, aayitrun said:

you should call a tier 2. the affidavit of support is a very binary thing. either u have the means or you don't. 6 months of paystubs with that income should be fine.

On the contrary.  Decisions on the public charge are ALWAYS a judgment call, unless it is abundantly clear the sponsor does NOT qualify.  Meeting or exceeding minimum guidelines guarantees nothing.  All that said, I would think the OP qualifies, and should make their argument in writing, appealing to the head of the Immigrant Visa Unit at the applicable Consulate.

[pushbrk 12,883]

3 hours ago, geowrian said:

The OP had the interview already, so they heard from the CO directly. A Tier 2 won't be able to tell them any more than the actual officer covering their case (not to mention that NVC can't do anything about a CO's decision).

 

The I-864 does have more defined minimum requirements, but the public charge concern is still at the discretion of the CO based on the totality of the circumstances.

 

@OP

Are there any unusual circumstances in your situation that may make them think you require additional income (i.e. health issues not covered by insurance)? Beyond that, it kinda sounds like you provided more info than necessary...assets aren't needed if income is sufficient. Since you listed them, I'm assuming the CO wants to see all the documentation regarding those assets.

What would be helpful is the actual wording of the request, in context, not just the OP's interpretation of it.

[pushbrk 12,883]

3 hours ago, senegalamour said:

Here is a copy of the 221g.

You can't possibly provide a W2 for tax year 2017.  Send the one for 2016 along with your appeal letter.  This Consular officer must be a newbie, and is likely to be overridden by a supervisor.

[Andrea&Henry 311]

18 hours ago, senegalamour said:

My husband had his CR-1 immigrant visa interview last week.  They didn't doubt our relationship, but they requested more financial evidence.  My current salary is over $51,000, more than double the recommendation for a 2-person household.  I've been at my current job since October 2016 but before that I was a graduate student so my 2016 tax returns only show an income of $9,000.

 

In addition to my 2016 tax returns, I submitted proof of my current income with my AOS: a letter from my employer, bank statement showing over $6,000 in my checking account, pay stubs for the past six months, my house assessment, and mortgage statement.  I don't know what other proof of finances I can provide.  I don't have anyone who is in the position to co-sponsor.

 

Any advice or guidance would be very helpful.

My husband was in a similar situation back in 2011 when he applied for my k1 visa (fiance visa)...he was making 60K but he was employed less than a year when I had my interview...his tax from the previous year (2010) was just like yours around 9k. What we did was file with a co-sponsor (his step dad) Although we knew he was way over the poverty line for a household of 2, we didn't want to risk it. 

 

We showed from both my husband and my father in law: employement vetification letter, mortgage payments, bank account statements, 401 k statment, taxes, paystubs. And we were approved on the spot

 

Maybe adding a co sponsor could help your case more likely

Edited October 3, 2017 by Andrea&Henry

[Pavel1982 104]

19 hours ago, senegalamour said:

My husband had his CR-1 immigrant visa interview last week.  They didn't doubt our relationship, but they requested more financial evidence.  My current salary is over $51,000, more than double the recommendation for a 2-person household.  I've been at my current job since October 2016 but before that I was a graduate student so my 2016 tax returns only show an income of $9,000.

 

In addition to my 2016 tax returns, I submitted proof of my current income with my AOS: a letter from my employer, bank statement showing over $6,000 in my checking account, pay stubs for the past six months, my house assessment, and mortgage statement.  I don't know what other proof of finances I can provide.  I don't have anyone who is in the position to co-sponsor.

 

Any advice or guidance would be very helpful.

One of my friend had similar issue early this year. Although his current income was enough to support his wife but some reason they looked into his previous two years income (2014 an2015) which were not enough to support his wife. Co requested to send them  more financial evidence or a Joint Sponsor. So, what he did is submit following documents( I-864, W2, Paystub for last 6 month and arrange some additional money to put into bank account and got an updated bank statement showing current balance). His wife got visa within a month after AP

Edited October 3, 2017 by mrahman14

[agripa 100]

I think there's a lot of good advice in this thread. I think you have two options --

1. Find a co-sponsor. Yes, it sucks that you make enough by yourself, but as others have pointed out on this thread, the decision made on the I-864 is subjective. They see that you've only been at this job for <1 year and they want more. Finding a co-sponsor is the cleanest option in my opinion. You satisfy to the letter what the CO asked for.
2. You can file an appeal to the Embassy Immigration Visa unit. Point out how unreasonable it is to provide a 2017 W2 form. You can also try to scrap together some additional financial information, e.g., show documents of any additional savings you may have, get letters from your employer pointing out how you're going to be employed for a longer period of time, etc.

In my opinion, 2 is a very messy option. The appeals process at an Embassy/Consulate is not as neatly defined as if you were at the NVC or USCIS. The CO holds ultimate sway and you have no definitive way to force the issue to a supervisor. Finding a co-sponsor who has had a stable job for multiple years satisfies the CO's request to the letter. It's the easy and straightforward way to proceed. Trying to appeal at the Embassy/Consulate stage is risky; you've already provided nearly everything that's possible in my opinion, so there's not much new documentation you could provide. If they reject your appeal, they may send your application back to USCIS or the NVC, in which case you're looking at a delay upwards of 1 year.