Problem @ Interview!!!

[Jas S 0]

Hi, all. I went to the embassy today. I spoke with a guy over there, who said that I-864 can be submitted, but an I-134 is what is required from my co-sponsor.

So basically, I still need to have a co-sponsor and have them either sign and fill a I-864 or I134. They would not oversee the unemployment and they are counting as if the baby is born and I have to support him/her also. So I would need to follow the $21k Poverty. If I only had to sponsor my wife then the $17k would have been fine, since my $18k wages for 2006 would have covered it.

Also, he did not care that I have a $65k income for this year...I even took supporting evidence of facts like:

Section 213A Act which states "If you are currently employed and have an individual income which meets or exceeds 125 percent of the Federal poverty line for your household size, you do not need to list the income of any other person."

I also had the 9 FAM 41.81 N4 Documentary Requirements.

However, he refused to even see these things and said that there is not point of arguing. He said it's best to do whatever the CO said.

Well what can I do. I have already had 2 people co-sponsor me and they mailed out the stuff by courier to me today. I should have the docs by Monday for I-864 that I will submit. I cannot go thru with the I-134 now...since I will again have my co-sponsors sign and send those out...and they won't get here till Tuesday or Wednesday and my wife is flying on Friday the 9th....so it's probably best for me to just stick with the I-864 now...and submit and hope things work out.

By no means am I angry at the people at the consulate...however I am just stressed out because of my wife being pregnant. I just want to be there to see my first baby being born

Edited November 2, 2007 by Jas S

[trailmix 77]

b(f) Sponsor Use of Benefits. Question 4B of the September 26, 2000 version of the Form I-864 asks if the sponsor or any member of his or her household has used means-tested benefits during the past 3 years. Do not disqualify a sponsor based on a positive response to this question. The reason for this question is to ensure that the value of any such means-tested public benefits is not considered as income on the Affidavit of Support. Federal means-tested benefits currently include SSI (Supplemental Security income), TANF (Temporary As sistance for Needy Families), food stamps, Medicaid, and State Child Health Insurance Programs (SCHIP). State and local means-tested benefits vary by jurisdiction. Earned benefits such as Social Security retirement, Unemployment Compensation, and Workman’s Compensation may be included as income.

link

Yeah trailmix, but this is weird because it's the consulate asking for the I864 at interview, and supposedly for a K3 visa.

Nobody suggested unemployment benefits were means tested or would disqualify a sponsor. They just don't count towards qualifying income against the 125% poverty line standard.

It's the same principal as foreign income. It doesn't count unless it will continue from the same source. Unemployment benefits are not earned or passive income and they aren't sustainable past 26 weeks, so they would be disregarded.

I understand what you mean, however if that is the case why do they say Unemployment Compensation may be included as income? What is the point of including it in income if it will not be considered toward the 125%?

Who is they? Unemployment compensation is taxable income, so it shows on a tax return but it is neither earned income or passive income and it isn't sustainable. A Consular officer would be a fool to consider it in any positive way in the process of deciding the likelyhood of an applicant becoming a public charge. A smart one would consider the more unemployment compensation used, the less to be available if needed again soon.

The IRS is not the USCIS. One collects taxes. The other looks at income for an entirely different purpose.

I also understand that, the quote is from the adjudicators field manual, not the IRS, so 'they' in this case is USCIS.

But this is off-topic (as rj mentioned the real question is why he is submitting an I-864 at all) and I know you aren't here to answer my questions, so consider it cancelled - /back to topic.

Jas I wish you a speedy approval!

Edited November 2, 2007 by trailmix

[pushbrk 12,884]

b(f) Sponsor Use of Benefits. Question 4B of the September 26, 2000 version of the Form I-864 asks if the sponsor or any member of his or her household has used means-tested benefits during the past 3 years. Do not disqualify a sponsor based on a positive response to this question. The reason for this question is to ensure that the value of any such means-tested public benefits is not considered as income on the Affidavit of Support. Federal means-tested benefits currently include SSI (Supplemental Security income), TANF (Temporary As sistance for Needy Families), food stamps, Medicaid, and State Child Health Insurance Programs (SCHIP). State and local means-tested benefits vary by jurisdiction. Earned benefits such as Social Security retirement, Unemployment Compensation, and Workman’s Compensation may be included as income.

link

Yeah trailmix, but this is weird because it's the consulate asking for the I864 at interview, and supposedly for a K3 visa.

Nobody suggested unemployment benefits were means tested or would disqualify a sponsor. They just don't count towards qualifying income against the 125% poverty line standard.

It's the same principal as foreign income. It doesn't count unless it will continue from the same source. Unemployment benefits are not earned or passive income and they aren't sustainable past 26 weeks, so they would be disregarded.

I understand what you mean, however if that is the case why do they say Unemployment Compensation may be included as income? What is the point of including it in income if it will not be considered toward the 125%?

Who is they? Unemployment compensation is taxable income, so it shows on a tax return but it is neither earned income or passive income and it isn't sustainable. A Consular officer would be a fool to consider it in any positive way in the process of deciding the likelyhood of an applicant becoming a public charge. A smart one would consider the more unemployment compensation used, the less to be available if needed again soon.

The IRS is not the USCIS. One collects taxes. The other looks at income for an entirely different purpose.

I also understand that, the quote is from the adjudicators field manual, not the IRS, so 'they' in this case is USCIS.

But this is off-topic (as rj mentioned the real question is why he is submitting an I-864 at all) and I know you aren't here to answer my questions, so consider it cancelled - /back to topic.

Jas I wish you a speedy approval!

I think your question is still applicable, in a way. I think we've already established that the CO gave the OP the wrong form and that it is an I-134 that is needed. However, Consular officers don't study or use the USCIS adjudicator's manual. They make judgments on whether the intending immigrant is likely to become a public charge and have wide latitude in making such judgments. Based on the information we have, this particular CO is out of line, IMO.

[Sha2011 0]

Poverty Guideline for two people is not 21,000. I thought they count current income ( the money you make at your job now). I didn't know they only count IRS returns, not pay stubs and other documents that prove current income.

Size of Family Unit

Poverty Guidelines

125 Percent

1

$12,763

2

$17,113

3

$21,463

4

$25,813

5

$30,163

6

$34,513

7

$38,863

8

$43,213

[Urge To Race 2]

Jas is looking at family unit size of 3 (2 people to support plus himself), thus the $21K

Poverty Guideline for two people is not 21,000. I thought they count current income ( the money you make at your job now). I didn't know they only count IRS returns, not pay stubs and other documents that prove current income.

Size of Family Unit

Poverty Guidelines

125 Percent

1

$12,763

2

$17,113

3

$21,463

4

$25,813

5

$30,163

6

$34,513

7

$38,863

8

$43,213

[Nutty 2]

Nutty,

This was a K3, the NVC did not process an affidavit of support for this case.

b(f) Sponsor Use of Benefits. Question 4B of the September 26, 2000 version of the Form I-864 asks if the sponsor or any member of his or her household has used means-tested benefits during the past 3 years. Do not disqualify a sponsor based on a positive response to this question. The reason for this question is to ensure that the value of any such means-tested public benefits is not considered as income on the Affidavit of Support. Federal means-tested benefits currently include SSI (Supplemental Security income), TANF (Temporary As sistance for Needy Families), food stamps, Medicaid, and State Child Health Insurance Programs (SCHIP). State and local means-tested benefits vary by jurisdiction. Earned benefits such as Social Security retirement, Unemployment Compensation, and Workman’s Compensation may be included as income.

link

Yeah trailmix, but this is weird because it's the consulate asking for the I864 at interview, and supposedly for a K3 visa.

Nobody suggested unemployment benefits were means tested or would disqualify a sponsor. They just don't count towards qualifying income against the 125% poverty line standard.

It's the same principal as foreign income. It doesn't count unless it will continue from the same source. Unemployment benefits are not earned or passive income and they aren't sustainable past 26 weeks, so they would be disregarded.

Whatever his income was for last year, it is a mute point. He is currently working and making $65,000 a year as a permanent, full time employee. That should take precendent to a 2006 tax return.

If this was not acceptable, the the National Visa Center would have stopped the process and his case would have never been sent to the Embassy.

Even if the NVC did not review the Affidavit of Support. The petitioner makes $65,000.00 gross as a permanent, full time employee now. He stated he provided letters from employers proving this when he submitted his Affidavit of Support. $65,000.00 GROSS income is exceeds the 2007 poverty limit. So why does the guy need a joint or co sponsor?

[Nutty 2]

Poverty Guideline for two people is not 21,000. I thought they count current income ( the money you make at your job now). I didn't know they only count IRS returns, not pay stubs and other documents that prove current income.

Size of Family Unit

Poverty Guidelines

125 Percent

1

$12,763

2

$17,113

3

$21,463

4

$25,813

5

$30,163

6

$34,513

7

$38,863

8

$43,213

The petioner's wife in India is PREGNANT.....So the Consular Officer is making them meet the 3 person in household requirement for 2007 Poverty Guidelines.

[Sha2011 0]

Even if the NVC did not review the Affidavit of Support. The petitioner makes $65,000.00 gross as a permanent, full time employee now. He stated he provided letters from employers proving this when he submitted his Affidavit of Support. $65,000.00 GROSS income is exceeds the 2007 poverty limit. So why does the guy need a joint or co sponsor?

I do feel very bad for this guy. I dont think he even needs a co sponsor. ITR are based off last year, This is a new year. Why cant current income overide the income I made last year..

People do get better job offers that can be thousands of dollars more then you made last year. The immigration folks dont realize how much pain and hearache they are causing people. Let the man's wife come. Life can be very short.

Edited November 2, 2007 by tangkas

[AnneiyAndJacky 0]

I 134 for K3 not I 864 cuz that only if ure doin' AOS ... And if u want a co-sponsor he or she sould file I 134 as well.. co sponsor would help jus in case they really dont want to consider ur unemployment income.. and i agree, since ur wife will give birth sooner consul would consider the baby already as family member number 3.

[rebeccajo 14]

Even if the NVC did not review the Affidavit of Support. The petitioner makes $65,000.00 gross as a permanent, full time employee now. He stated he provided letters from employers proving this when he submitted his Affidavit of Support. $65,000.00 GROSS income is exceeds the 2007 poverty limit. So why does the guy need a joint or co sponsor?

I do feel very bad for this guy. I dont think he even needs a co sponsor. ITR are based off last year, This is a new year. Why cant current income overide the income I made last year..

People do get better job offers that can be thousands of dollars more then you made last year. The immigration folks dont realize how much pain and hearache they are causing people. Let the man's wife come. Life can be very short.

I think readers to this thread should take a very important lesson from it - and the lesson is -

NO TWO CONSULATES ARE ALIKE.

Some of what Jas is experiencing is a bit unique to India. They seem to have a preoccupation with US income tax returns, even though the document is not technically required for I134.

So don't get all buggered out by what is happening with Jas. Read up on what works at your consulate and what does not. That goes for the bonafides, the financials - the whole ball of wax.

[Jas S 0]

Thanks for your help all....

Now I am waiting for the docs to get here from USA and then I will go to the embassy directly to submit rather then the VFS office. A lady told me I can do that in my case, however the last guy I spoke to yesterday said they won't accept them...and the papers will take longer to process then my flight date

BTW, my income for the last few years was as follows and did submit all information to them but they still choose to ask me for a co-sponsor

2004 - 40k

2005 - 66k

2006 - 18.8k wages 13k unemployment

2007 - 65k

All they are doing is going by the most negative year....

Edited November 3, 2007 by Jas S

[neel06 0]

Good luck JAS.

I am also going through new delhi embassy and after hearing the trouble they gave you...i am just so scared............. my husband's interview is on Tuesday.

[Jas S 0]

Hey one more question. I have a co-sponsor who has signed the I-864, however he is a business owner so he has used his business name and showed the company taxs rather then personal, would that work?

Also as a backup plan, if I wanted to get another co-sponsor. What would I need to do for a I-134 with a co-sponsor?

[pushbrk 12,884]

Hey one more question. I have a co-sponsor who has signed the I-864, however he is a business owner so he has used his business name and showed the company taxs rather then personal, would that work?

Also as a backup plan, if I wanted to get another co-sponsor. What would I need to do for a I-134 with a co-sponsor?

Business name won't work and neither will an I-864 for a K3 via. You need an individual. The business owner can use his business income but must personally sponsor.

[Jas S 0]

Thank you all for your help. I just wanted to inform you all that my wife's VISA was finally Approved!!!

Thank you all for your help, as this wouldn't have been possible without you all. I especially want to thank the following people:

pushbrk

neel06

rebeccajo

Jigi

Nutty

trailmix

lennon

kim-786

jasman0717

dimp123

nimble

chakaas

Urge To Race

ras001

archie07

pbgirl

C and J

wahrania

maya62

albden

ohioindian

Erika's husband

AnneiyAndJacky

Thanks to everyone else also that I forgot to mention