Affidavit of Support questions (merged)

[Gaiden79 14]

2 hours ago, Letspaintcookies said:

You need to have that job at least till she has her interview/ gets the visa because it's all about current income and it's advisable that you have it for longer than just one paycheck. I guess at least 3 would be better.

How big is your household that you have to make 38k because you're only talking about your wife.

Thanks for your reply. My household is 5 because of me, my wife, my daughter still in the Philippines with my wife, and 2 daughters from previous marriage. Unfortunately it inflates my household a lot. 

[Gaiden79 14]

2 hours ago, geowrian said:

Strictly speaking, you only need to be working there long enough to provide evidence of current income. So one paycheck would be long enough to be able to count the annual income from it with your current income on the I-864.

 

Practically, the CO will look at the totality of the circumstances to determine the likelihood of becoming public charge. A brand new part time job may or may not sway them. If they believe the job is not stable yet or you intend to stop it once the visa is obtained, they will make a decision on the public charge side of things with that in mind (and likely not favorably IMHO).

 

Some factors considered, for reference: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

Thank you for the insightful answer. Yeah I'm not really expecting to convince the CO with some last minute job... 

 

Do you know if it's ok that I submit my "current" income on the AoS to the NVC for now so I can at least get the paperwork processing and the interview scheduled even if my income isn't high enough yet? Before the interview comes i can then ensure my income is high enough by that time or get a joint sponsor. Would that be allowed by the NVC you think? Thanks again! 

Edited July 7, 2020 by Gaiden79
Another question

[Gaiden79 14]

40 minutes ago, retheem said:

Just get the part time job and do as many hours as you can. Don't even think about how many hours. Do 80-90 hrs if you have to.

I can't even get a part time job right now unfortunately because my family won't allow me, maybe in a month or 2.

 

That's why i just asked someone else on this thread if it's ok that I submit my income to the NVC right now and by the time my interview is scheduled I will have all the income requirements ready. Not sure if the NVC will allow that though, but I've heard that it's up to the CO anyways. Thanks. 

[geowrian 22,337]

What happened to the wealthy joint sponsor last week?

 

1 hour ago, Gaiden79 said:

Thank you for the insightful answer. Yeah I'm not really expecting to convince the CO with some last minute job... 

 

Do you know if it's ok that I submit my "current" income on the AoS to the NVC for now so I can at least get the paperwork processing and the interview scheduled even if my income isn't high enough yet? Before the interview comes i can then ensure my income is high enough by that time or get a joint sponsor. Would that be allowed by the NVC you think? Thanks again! 

If your current income is below the minimum requirement for consideration, and you don't have suitable assets to make up that gap, then - unless NVC makes a mistake - they would have to reject it and send a checklist.

If your current income/assets are above the minimum, they would probably proceed through NVC and let the CO make a decision.

You could present a new I-864 at the time of an interview, or add a joint sponsor.

 

[pushbrk 12,707]

You seem to be grasping at straws here.  You must qualify as sponsor or have a qualified joint sponsor, in order to get past NVC to an interview appointment.  If your relative has plenty of cash in the bank, as you suspect, give that a try.  The worst that can happen is the relative will decline or you find out their "assets" are mostly real estate, making it a lot of work and perhaps a lot of expense to document them sufficiently.

[Gaiden79 14]

2 hours ago, geowrian said:

What happened to the wealthy joint sponsor last week?

 

If your current income is below the minimum requirement for consideration, and you don't have suitable assets to make up that gap, then - unless NVC makes a mistake - they would have to reject it and send a checklist.

If your current income/assets are above the minimum, they would probably proceed through NVC and let the CO make a decision.

You could present a new I-864 at the time of an interview, or add a joint sponsor.

 

Yes that wealthy sponsor may not be suitable because they haven't even done their taxes lately... Guess I wouldn't be able to show their past tax return until they filed it. 

[Gaiden79 14]

2 hours ago, pushbrk said:

You seem to be grasping at straws here.  You must qualify as sponsor or have a qualified joint sponsor, in order to get past NVC to an interview appointment.  If your relative has plenty of cash in the bank, as you suspect, give that a try.  The worst that can happen is the relative will decline or you find out their "assets" are mostly real estate, making it a lot of work and perhaps a lot of expense to document them sufficiently.

Yeah the assets would be easy I think. The problem is I think that my relative hasn't done his taxes lately... I don't know what to do about that. 

[pushbrk 12,707]

2 hours ago, Gaiden79 said:

Yeah the assets would be easy I think. The problem is I think that my relative hasn't done his taxes lately... I don't know what to do about that. 

You can't do anything about the fact he hasn't filed a tax return lately.  He can file at least the last three returns, or you can just forget about that as an option.

 

All you can do is the best you can do.  Get a better job or a second job.  You're family is not coming to the USA until a few months after you get this sorted out.  I expect you knew this when you started the process.  There are always practical/financial concerns when deciding to marry and move a family to the USA.

[Lucky2Lucky 2,526]

17 hours ago, Gaiden79 said:

I can't even get a part time job right now unfortunately because my family won't allow me, maybe in a month or 2.

 

That's why i just asked someone else on this thread if it's ok that I submit my income to the NVC right now and by the time my interview is scheduled I will have all the income requirements ready. Not sure if the NVC will allow that though, but I've heard that it's up to the CO anyways. Thanks. 

I'm going to be blunt. You have limited options. You man up and get a job; this would support your family so to say they won't allow you is complete nonsense if they want to move here.. You wait for your "wealthy" relative to file their taxes by Wednesday and use them as a joint sponsor. You extend your petition out until you have the income requried or you cancel the petition and immigrate to her. 

[carmel34 3,598]

The CO at the interview will consider the totality of your financial circumstances and that of the beneficiaries when making a decision about public charge concerns, and these days they are being super strict.  I was amazed in my husband's CR-1 interview when the CO asked me how long I had been working in my current job--I submitted 6 months of recent pay stubs, a letter from my employer, 3 years of IRS tax transcripts, and make far more than the minimum.  She seemed to be satisfied when I replied that I have been working as a university professor or administrator continuously for more than 25 years.  Your current income matters most, but some degree of financial stability and history will also be considered, that's why they like to see three years' of tax returns.  Given everything you have posted, I would highly recommend being ready with a joint sponsor in addition to the second job idea.  Good luck!  

[Ash.1101 1,755]

I also am on board with the find a joint sponsor just in case and get working at that second job.

35k in Cali won't go far with 5 people in the household, I'm sure the CO will know this and question a bit harder on the income.

The worst thing you can do is assume that meeting the minimum is enough, a lot of people have gotten bit that way.

[Gaiden79 14]

4 hours ago, Luckycuds said:

I'm going to be blunt. You have limited options. You man up and get a job; this would support your family so to say they won't allow you is complete nonsense if they want to move here.. You wait for your "wealthy" relative to file their taxes by Wednesday and use them as a joint sponsor. You extend your petition out until you have the income requried or you cancel the petition and immigrate to her. 

Already have a job. A part time job would be needed to fill the income gap. Anyways thanks for the response, I will definitely still be considering my relative to stabilize my income. 

 

By "extend" out petition do you mean just wait longer? I'm assuming they won't cancel my petition if I wait a little bit right? 

[Gaiden79 14]

15 hours ago, pushbrk said:

You can't do anything about the fact he hasn't filed a tax return lately.  He can file at least the last three returns, or you can just forget about that as an option.

 

All you can do is the best you can do.  Get a better job or a second job.  You're family is not coming to the USA until a few months after you get this sorted out.  I expect you knew this when you started the process.  There are always practical/financial concerns when deciding to marry and move a family to the USA.

Yep, I agree. Doing my best really. We will see, I will just trust in God for things I can't control. 

[Gaiden79 14]

4 hours ago, carmel34 said:

The CO at the interview will consider the totality of your financial circumstances and that of the beneficiaries when making a decision about public charge concerns, and these days they are being super strict.  I was amazed in my husband's CR-1 interview when the CO asked me how long I had been working in my current job--I submitted 6 months of recent pay stubs, a letter from my employer, 3 years of IRS tax transcripts, and make far more than the minimum.  She seemed to be satisfied when I replied that I have been working as a university professor or administrator continuously for more than 25 years.  Your current income matters most, but some degree of financial stability and history will also be considered, that's why they like to see three years' of tax returns.  Given everything you have posted, I would highly recommend being ready with a joint sponsor in addition to the second job idea.  Good luck!  

Yeah i can see how these days they would be stricter. I'm glad you made it through the process though, that's great! 

 

You are right, a joint sponsor really is the only safe way. Thanks!

[Gaiden79 14]

2 hours ago, Ash. said:

I also am on board with the find a joint sponsor just in case and get working at that second job.

35k in Cali won't go far with 5 people in the household, I'm sure the CO will know this and question a bit harder on the income.

The worst thing you can do is assume that meeting the minimum is enough, a lot of people have gotten bit that way.

Agreed, 35k in Cali is nothing lol. I don't live in Cali anymore but totally understand what you mean. Yeah at this point I don't want to assume anything, whatever happens, happens I guess. God's will.