CONFUSED!

[SJ_Ulloa 46]

5 minutes ago, USS_Voyager said:

So you make $31k and the guideline is $28k. That might or might not be a mistake. It might be too close for comfort, and they can deny. The officer takes the totality of circumstances into account. Just barely over the poverty guideline does not mean an automatic "passed". I don't know what the cost of livings in Baltimore is, but I am familiar with the DC area just a few miles south and the Virginia side of DC (Alexandria, Falls Church, ... ) and you won't be able to live there with an income of $31k for a family of 3. For example, what is your rent? I assume there is a child or a dependent. What's the cost of childcare? Those 2 costs alone eat up your entire income....I bet that's what the concern it. 

would I be able to add in my child support as additional income? I can understand its close - but with this new promotion I received my new annual income is now 39k. Would resubmitting an AOS along with the offer letter regarding my new position showing the increase in my annual help? Or is this a lost cause? What would be the outcome if I am not able to find someone to co-sponsor? 

 

The only person who possibly would do this would be my mom however she files joint taxed with her husband since they are married. Would she be able to do this without having him co sponsor and she be the only co-sponsor or because her taxes are joint would my step father have do it? If that is the case than that is a no go- he would not sign up for that. 

[Paul & Mallory 1,398]

1 minute ago, SJ_Ulloa said:

would I be able to add in my child support as additional income? I can understand its close - but with this new promotion I received my new annual income is now 39k. Would resubmitting an AOS along with the offer letter regarding my new position showing the increase in my annual help? Or is this a lost cause? What would be the outcome if I am not able to find someone to co-sponsor? 

 

The only person who possibly would do this would be my mom however she files joint taxed with her husband since they are married. Would she be able to do this without having him co sponsor and she be the only co-sponsor or because her taxes are joint would my step father have do it? If that is the case than that is a no go- he would not sign up for that. 

I can't answer the part about child support, if that's considered income or not, but they likely won't consider a recent promotion or raise as a heavily weighted factor. I'm pretty sure they are still going to look at your recent tax history, meaning what you claimed as total income the last 3 years, and not by a new income increase that is not reflected in that evidence. They are going by the average over time, not just current, what-you-make-today numbers. I say this because I've seen people be unemployed up until close to when they submit the application, at which time they have a job with an income that meets the requirements, but that wasn't good enough.

 

I don't see any negative impact on submitting any and everything you can. But if it were me, I would still begin making an effort to find a joint sponsor just in case. You'd rather having someone on board that you don't wind up needing, then find out you have to have a co-sponsor and have nothing.

[carmel34 3,626]

Rather than be frustrated or try to fight this, your energy would be better used finding a co-sponsor which is what they are asking for.  Always give them what they specifically want, submit the documents, get approved.  If you don't the result is denial and a deportation order.  The hurdle to enter the US on a K-1 is lower income level, but for AOS it is higher and subjective, there are many examples of what you are experiencing here on VJ all the time.  Good luck finding a co-sponsor.  Other options would be find another job with a higher salary, or add a second part-time job to supplement your income, or move to his home country with him and live there.

[USS_Voyager 1,972]

4 minutes ago, SJ_Ulloa said:

would I be able to add in my child support as additional income? I can understand its close - but with this new promotion I received my new annual income is now 39k. Would resubmitting an AOS along with the offer letter regarding my new position showing the increase in my annual help? Or is this a lost cause? What would be the outcome if I am not able to find someone to co-sponsor? 

 

Yes, I believe Child support would count, but not 100% sure, maybe someone else can answer for sure. Certainly help if your current income improves. However, that might not be enough still, as they look at average income the past few years as well. I think you have to get a cosponsor

 

4 minutes ago, SJ_Ulloa said:

 

The only person who possibly would do this would be my mom however she files joint taxed with her husband since they are married. Would she be able to do this without having him co sponsor and she be the only co-sponsor or because her taxes are joint would my step father have do it? If that is the case than that is a no go- he would not sign up for that. 

 

I think your mom alone can. I don't think your step dad don't have to. Again, I am not 100% sure either. Someone else may need to step in.

 

When I sponsored my mom, I used my income alone, not counting my wife and we have a household of 5, and I know I was allowed to do that for sure by filing the I-864 EZ

[SJ_Ulloa 46]

5 minutes ago, Paul & Mallory said:

I can't answer the part about child support, if that's considered income or not, but they likely won't consider a recent promotion or raise as a heavily weighted factor. I'm pretty sure they are still going to look at your recent tax history, meaning what you claimed as total income the last 3 years, and not by a new income increase that is not reflected in that evidence. They are going by the average over time, not just current, what-you-make-today numbers. I say this because I've seen people be unemployed up until close to when they submit the application, at which time they have a job with an income that meets the requirements, but that wasn't good enough.

 

I don't see any negative impact on submitting any and everything you can. But if it were me, I would still begin making an effort to find a joint sponsor just in case. You'd rather having someone on board that you don't wind up needing, then find out you have to have a co-sponsor and have nothing.

I agree with that- my daughter is 12 so there is no child care expense. We rent my fathers old home for practically nothing from him so rent isnt a huge factor, the main issue is findinf out if my mom would be able to to do solely without including my step father even though she files joint taxes with him. this whole process is just stressful and confusing as to why this issue was presented when I petitioned for him to come here. 

[Paul & Mallory 1,398]

3 minutes ago, SJ_Ulloa said:

I agree with that- my daughter is 12 so there is no child care expense. We rent my fathers old home for practically nothing from him so rent isnt a huge factor, the main issue is findinf out if my mom would be able to to do solely without including my step father even though she files joint taxes with him. this whole process is just stressful and confusing as to why this issue was presented when I petitioned for him to come here. 

I can definitely understand that. I think requirements for the initial K1 is not quite as significant as when filing for AOS, so that MAY be why there's a slight difference. With the K1 at least, they look at the totality of a case and the circumstances of the parties involved. Having another dependent (child), living somewhere with lower rent than the average for your area (i.e. what would happen if you had to move and pay higher rent?), and being above but close to that cut off, may have all tied together to result in the CO's decision. Unfortunately... it really does ultimately come down to their discretion, in cases like this.  

 

See about your mom helping. I agree with one of the above posters about her probably being able to do it herself.

[SJ_Ulloa 46]

5 minutes ago, USS_Voyager said:

 

Yes, I believe Child support would count, but not 100% sure, maybe someone else can answer for sure. Certainly help if your current income improves. However, that might not be enough still, as they look at average income the past few years as well. I think you have to get a cosponsor

 

 

I think your mom alone can. I don't think your step dad don't have to. Again, I am not 100% sure either. Someone else may need to step in.

 

When I sponsored my mom, I used my income alone, not counting my wife and we have a household of 5, and I know I was allowed to do that for sure by filing the I-864 EZ

DO your wife and yourself file taxes together? if that will not hinder her doing so solely than more than likely I will have a co - sponsor. She knows I am able to take care of him without assistance from her or the government, hes on my health insurance, we've done everything by the book - transferred his international license over, and that is what concerns me is his license is only valid until November and from what I understand they cannot extend it  

[USS_Voyager 1,972]

19 minutes ago, SJ_Ulloa said:

DO your wife and yourself file taxes together? if that will not hinder her doing so solely than more than likely I will have a co - sponsor. She knows I am able to take care of him without assistance from her or the government, hes on my health insurance, we've done everything by the book - transferred his international license over, and that is what concerns me is his license is only valid until November and from what I understand they cannot extend it  

Yes, we file married jointly. So I submit the tax return, transcripts and W2 to prove what portion is. My wife did not fill out anything. 

[SJ_Ulloa 46]

4 minutes ago, USS_Voyager said:

Yes, we file married jointly. So I submit the tax return, transcripts and W2 to prove what portion is. My wife did not fill out anything. 

thank you very much. this helps greatly. I more so have no point but to try to get a co-sponsor.. I do not want to piss anyone off and them deny him and issue a deportation order. 

 

as the co sponsor do they only show they claim themselves and their spouse? They would not need to include us 3 in the equation they would just be a back up aspect correct?

[Crazy Cat 41,845]

2 minutes ago, SJ_Ulloa said:

thank you very much. this helps greatly. I more so have no point but to try to get a co-sponsor.. I do not want to piss anyone off and them deny him and issue a deportation order. 

 

as the co sponsor do they only show they claim themselves and their spouse? They would not need to include us 3 in the equation they would just be a back up aspect correct?

It is explained in the instructions for the I-864.  Your joint sponsor should carefully read and understand the implications of signing this binding, legal document.

[George & Roth 1,485]

If you do end up submitting more evidence I would suggest adding in paystubs at your new higher pay rate and also reference it in your cover letter. i.e. "I have also attached herein my most recent 2 weekly pay stubs of $750 which reflect my increased wages of $39K annually (750X52= 39,000). 

 

Furthermore, as per my attached W2 & filed tax returns the past X years, I have had an income of XX, XX & XX which is in excess of the required 125% of poverty guidelines as stated in the I-864P. In my case with a household of X members, the required amount is XXX which I have exceeded and will continue to exceed based on my current wage amount. "

 

First talk to that tier 2 again to confirm your best course, however, if you will end up submitting evidence I recommend you include a cover letter laying out those facts.  And start thinking of a co-sponsor if that doesn't work out. 

[SJ_Ulloa 46]

1 minute ago, George & Roth said:

If you do end up submitting more evidence I would suggest adding in paystubs at your new higher pay rate and also reference it in your cover letter. i.e. "I have also attached herein my most recent 2 weekly pay stubs of $750 which reflect my increased wages of $39K annually (750X52= 39,000). 

 

Furthermore, as per my attached W2 & filed tax returns the past X years, I have had an income of XX, XX & XX which is in excess of the required 125% of poverty guidelines as stated in the I-864P. In my case with a household of X members, the required amount is XXX which I have exceeded and will continue to exceed based on my current wage amount. "

 

First talk to that tier 2 again to confirm your best course, however, if you will end up submitting evidence I recommend you include a cover letter laying out those facts.  And start thinking of a co-sponsor if that doesn't work out. 

Thank You- I am working on the co - sponsor now, I am just looking to find confirmation that the co sponsor can do so solely with filing joint taxes with their spouse. Most people seem to believe that is ok but I want to be 100% positive when I submit everything again 

 

[Cathi 5,748]

Call USCIS and ask to talk to someone in tier 2.

[SJ_Ulloa 46]

1 minute ago, Cathi said:

Call USCIS and ask to talk to someone in tier 2.

I spoke to someone yesterday but she would not really give me any information other than a script she read- she has to talk to my husband since this is now his case. I am planning on trying to call when I am with him but more than likely will have to wait until Thursday before we can call 

 

[dwheels76 5,468]

4 hours ago, SJ_Ulloa said:

I guess what I am not understanding is he is here... why wouldn't they figure this out when I first petitioned for him to come here, why wait until he has been here over 3.5 months, and I have been supporting him? This is what I am just not understanding. 

Per USCIS guidelines for 2018 - I have averaged more than the 135% in the last 4 tax years. I cannot help but to think this is a mistake, but I cant seem to talk to anyone to really find the answers I need. 

48 States and the District of Columbia 2018 Federal Poverty Level (FPL) Guideline Table
Family Size	100%	135%
1	$12,140	$16,389
2	$16,460	$22,221
3	$20,780	$28,053

 

Does anyone know what happens if I am not able to find a co- sponsor? What happens with my husband? That is alot to ask of someone to sign to sponsor someone for the next 10 years. Especially when I am well capable of doing so and have done so for the last 3.5 months. 

Don't know where you got this but it is incorrect. What happens if your husband will not get a green card and your case will be denied. If they are telling you you need a joint sponsor.

What I would do is schedule an Infopass appointment take all your financials you mentioned so you and your husband are sitting down with a real USCIS person maybe that will help.

 

Sponsor's Household Size	100% of HHS Poverty Guidelines*	125% of HHS Poverty Guidelines*
	For sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child	For all other sponsors
2	$16,910	$21,137
3	$21,330	$26,662
4	$25,750	$32,187
5	$30,170	$37,712
6	$34,590	$43,237
7	$39,010	$48,762
8	$43,430	$54,287