I-864 - interview, Petitioner in new job, joint sponsor unemployed.

[carolkn 3]

We wanted to get advise. We have the interview coming up and we need to bring an updated  I-864 Affidavit, tax returns and W-2s for both Petitioner and joint sponsor. We had to get a joint sponsor in 2023 because at the time of submitting documents at NVC, husband was not employed- he had just joined the military and 2023 income was below the requirement. Fast forward now he's employed making income above requirements (projected p.a income) BUT his past years income tax statements are below since he's been working a little under a year. Our Joint sponsor lost his job right after he submitted his I-864 so definitely his 2023 tax returns are not going to meet the requirements.

 

Do we need to get another joint sponsor? Or is the current income paystubs and employment contract enough for AOS at the interview even though it's not a full years income? We just want to be prepared and not give them reason to delay/deny us. It's been too long a wait!

 

Appreciate any help on this.

[Crazy Cat 41,845]

3 hours ago, carolkn said:

Fast forward now he's employed making income above requirements (projected p.a income)

If his CURRENT annual (projected over 12 months) is well above the limit, he doesn't need a joint sponsor.......because past tax returns (what he made in the past) are not important.  CURRENT ANNUAL INCOME is king.  

Current annual income is calculated as follows:

Military: last monthly LES gross income multiplied by 12 months = current annual income.

Non-Military: Gross income from last pay period stub multiplied by number of pay periods per year (12 months) = current annual income.

[powerpuff 6,697]

*** Thread moved from Progress Reports to Process & Procedures ***

[carolkn 3]

On 8/27/2024 at 3:41 PM, Crazy Cat said:

If his CURRENT annual (projected over 12 months) is well above the limit, he doesn't need a joint sponsor.......because past tax returns (what he made in the past) are not important.  CURRENT ANNUAL INCOME is king.  

Current annual income is calculated as follows:

Military: last monthly LES gross income multiplied by 12 months = current annual income.

Non-Military: Gross income from last pay period stub multiplied by number of pay periods per year (12 months) = current annual income.

Will we need to provide updated documents for the unemployed joint sponsor for the interview? It says to bring the appropriate Form I-864 Affidavit of Support for each financial sponsor along with a photocopy of the sponsor’s IRS transcript or most recent U.S. federal income tax return, and any relevant W-2s.

 

We're worried uploading these will hurt our case but I'll carry them to the interview Incase I'm asked as his earnings for 2023 do not meet the minimum requirements. I cannot find anyone in this forum with an experience like ours. Will definitely update after the interview next week.

[pushbrk 12,881]

4 hours ago, carolkn said:

Will we need to provide updated documents for the unemployed joint sponsor for the interview? It says to bring the appropriate Form I-864 Affidavit of Support for each financial sponsor along with a photocopy of the sponsor’s IRS transcript or most recent U.S. federal income tax return, and any relevant W-2s.

 

We're worried uploading these will hurt our case but I'll carry them to the interview Incase I'm asked as his earnings for 2023 do not meet the minimum requirements. I cannot find anyone in this forum with an experience like ours. Will definitely update after the interview next week.

If you can, simply delete all references to the joint sponsor. If you can't, just describe the issue to the Consular Officer at interview indicating you no longer require a joint sponsor, and the one you had is unemployed now anyway.  If you don't already have an interview date, wait until you do, before doing any updates.

Edited October 3 by pushbrk

[carolkn 3]

1 hour ago, pushbrk said:

If you can, simply delete all references to the joint sponsor. If you can't, just describe the issue to the Consular Officer at interview indicating you no longer require a joint sponsor, and the one you had is unemployed now anyway.  If you don't already have an interview date, wait until you do, before doing any updates.

It's quite impossible to delete submitted approved documents in the ceac portal. Will explain the situation if asked. Our interview is in a week. Praying I'll have good news to update next week 🙏🏾.

[pushbrk 12,881]

1 hour ago, carolkn said:

It's quite impossible to delete submitted approved documents in the ceac portal. Will explain the situation if asked. Our interview is in a week. Praying I'll have good news to update next week 🙏🏾.

It's definitely possible to upload your updated affidavit of support though.

[carolkn 3]

30 minutes ago, pushbrk said:

It's definitely possible to upload your updated affidavit of support though.

Yes. We have uploaded the petitioners updated AOS and paystubs, letters of employment, tax returns. But are weary about uploading the joint sponsors updated documents. I'll carry them with me and produce them if asked.

[pushbrk 12,881]

21 minutes ago, carolkn said:

Yes. We have uploaded the petitioners updated AOS and paystubs, letters of employment, tax returns. But are weary about uploading the joint sponsors updated documents. I'll carry them with me and produce them if asked.

Correct decision.  You could also carry a letter from the joint sponsor withdrawing their affidavit of support.  It can't hurt, as they no longer qualify anyway.

 

[Ban Hammer 13,334]

one post split from this thread - do not hijack this thread with your own questions.

[carolkn 3]

Just an update. We got approved today!! Thanks God! They didn't ask for any documents just a bunch of questions about my husband and out relationship. We had uploaded everything on the portal though, paystubs and employment letters. I guess that worked. We chose to just give updated information even on the joint sponsor.

 

Thanks for all your help!