Problem @ Interview!!!

[Jas S 0]

OK I am pretty pissed off. We had a problem at our interview today. I was unemployed for a few months last year (2006). The interviewer said that they cannot count the unemployed income as part of the income for the affidavit of support. And since my wife is 8th months pregnant, they will go by the required amount for 2 people which is $21,462. My current year salary is $65,000.

Here are the #'s from my 2006 tax return:

Wages: $18,815

Unemployment: $13,025

Gross Income: $31,840

Taxable Income: $23,390

Now shouldnt that be ok? I had checked with my lawyer about my 2006 tax return which included the unemployed income, and he said that would not be a problem.

What do you guys think? Is there any written proof anywhere, that unemployed income does count as part of gross income and they cannot deny me VISA by not counting unemployed income?

To fix this, I have to get a co-sponsor to do a I-184. I am in India, and I have to get a co-sponsor in US to sign documents and then mail to India and then I have to submit theses docs to the VFS which then will be forwarded to the embassy again, and then VISA approved passport will be given to VFS and then mailed to my address. The only problem is that my wife's doc has told her that she should not fly past Nov 10th because of her pregnancy. So we have our tix booked for Nov 9th.

Someone please shed some light on this....any help would be greatly appreciated....

My main questions are...

1. Since there are only 2 physical people (me & my wife), can they count the baby and go by the requirement of $21,462? Shouldn't it be $17,112 since it's just my wife I am sponsoring?

2. Can I not use unemployment as income? In my 2006 1040 form it shows my gross income as $31,840 which includes the unemployment. Also, if anything it also shows the taxable income as $23,390

3. Can anyone find anything from the US Government online which I can print and take to the embassy? I am trying google but no luck yet.

Thanks

Edited November 1, 2007 by Jas S

[rebeccajo 14]

Can someone more familiar with the Indian consulate please step up to the plate on this?

[Nutty 2]

OK I am pretty pissed off. We had a problem at our interview today. I was unemployed for a few months last year (2006). The interviewer said that they cannot count the unemployed income as part of the income for the affidavit of support. And since my wife is 8th months pregnant, they will go by the required amount for 2 people which is $21,462. My current year salary is $65,000.

Here are the #'s from my 2006 tax return:

Wages: $18,815

Unemployment: $13,025

Gross Income: $31,840

Taxable Income: $23,390

Now shouldnt that be ok? I had checked with my lawyer about my 2006 tax return which included the unemployed income, and he said that would not be a problem.

What do you guys think? Is there any written proof anywhere, that unemployed income does count as part of gross income and they cannot deny me VISA by not counting unemployed income?

To fix this, I have to get a co-sponsor to do a I-184. I am in India, and I have to get a co-sponsor in US to sign documents and then mail to India and then I have to submit theses docs to the VFS which then will be forwarded to the embassy again, and then VISA approved passport will be given to VFS and then mailed to my address. The only problem is that my wife's doc has told her that she should not fly past Nov 10th because of her pregnancy. So we have our tix booked for Nov 9th.

Someone please shed some light on this....any help would be greatly appreciated....

My main questions are...

1. Since there are only 2 physical people (me & my wife), can they count the baby and go by the requirement of $21,462? Shouldn't it be $17,112 since it's just my wife I am sponsoring?

2. Can I not use unemployment as income? In my 2006 1040 form it shows my gross income as $31,840 which includes the unemployment. Also, if anything it also shows the taxable income as $23,390

3. Can anyone find anything from the US Government online which I can print and take to the embassy? I am trying google but no luck yet.

Thanks

[/quote

If you are currently employed and making over $21,462, why not get a letter from your employer stating your terms of employment?

Listen, I was unemployed for all of 2005 and 2006. But I got a job making $25,000.00 gross in 2007. I submitted a letter from my boss, on company letterhead, saying the following:

Dear NVC:

Our company hired XXXXXXXXX in August 2007 as a permanent, full time employee with a starting salary of $25,000. Please do not hesitate to contact our company if you have questions.

Sincerely,

XXXX

This letter showing I was currently employed above the poverty level required trumped the fact I was unemployed for the past two years. My affidavit of support was approved.

So do what I did.

[Jas S 0]

Yea I wish that would have worked. I have submitted everything and more. I have two jobs, one pays $35k and the other $30k. Got letters from both jobs and submitted recent paystubs from both. Also submitted a letter from my bank manager with my account info. with current balance showing more then $5k....still was asked for this:

[Nutty 2]

OK I am pretty pissed off. We had a problem at our interview today. I was unemployed for a few months last year (2006). The interviewer said that they cannot count the unemployed income as part of the income for the affidavit of support. And since my wife is 8th months pregnant, they will go by the required amount for 2 people which is $21,462. My current year salary is $65,000.

Here are the #'s from my 2006 tax return:

Wages: $18,815

Unemployment: $13,025

Gross Income: $31,840

Taxable Income: $23,390

Now shouldnt that be ok? I had checked with my lawyer about my 2006 tax return which included the unemployed income, and he said that would not be a problem.

What do you guys think? Is there any written proof anywhere, that unemployed income does count as part of gross income and they cannot deny me VISA by not counting unemployed income?

To fix this, I have to get a co-sponsor to do a I-184. I am in India, and I have to get a co-sponsor in US to sign documents and then mail to India and then I have to submit theses docs to the VFS which then will be forwarded to the embassy again, and then VISA approved passport will be given to VFS and then mailed to my address. The only problem is that my wife's doc has told her that she should not fly past Nov 10th because of her pregnancy. So we have our tix booked for Nov 9th.

Someone please shed some light on this....any help would be greatly appreciated....

My main questions are...

1. Since there are only 2 physical people (me & my wife), can they count the baby and go by the requirement of $21,462? Shouldn't it be $17,112 since it's just my wife I am sponsoring?

2. Can I not use unemployment as income? In my 2006 1040 form it shows my gross income as $31,840 which includes the unemployment. Also, if anything it also shows the taxable income as $23,390

3. Can anyone find anything from the US Government online which I can print and take to the embassy? I am trying google but no luck yet.

Thanks

First Question:

Was your Affidavit of Support approved in the US by the NVC? I only want to know “yes” or “no.”

Did you include all W-2’s, any 1099’s (applicable only if income was earned by interest earned bank accounts, miscellaneous/contracted income or earned dividends). Or did you just file the tax return 1040?

Here is what I would do:

1) Try to find out who is the supervisor above the officer interviewing you.

2) Get the name of the Consular Officer that interviewed you.

3) Write a letter like this: Send it with copies of your employers letters to both the Steven J. White and Terry L. DMaegd ( I took the liberty of searching the US Embassy, New Delhi website to get the names)

DATE:

TO: Terry L. DeMaegd

U. S. Citizenship & Immigration Services Officer in Charge

RE: Beneficiary Name

Sponsor Name

Case Number:

Dear Mr. DeMaegd:

This is in response to the Blue Sheet issued requesting a Joint Sponsor be included in our petition for (specify visa type) to be approved.

I have been told by Consular Officer, Give the name of the person who interviewed you, that our petition is in jeapordy due the fact my 2006 income included unemployment benefits. Mr. so and so also stipulated that since my wife is pregnant, the poverty guidelines for our petition to be approved should to be at $21,462.00 (3 person household).

Please note my period of unemployment in 2006 was a temporary situation.

I am currently employed as a permanent, full-time employee (not contracted) with an annual gross salary of $65,000.00. I have included original letters from my employers with my Affidavit of Support as proof of my ability to meet the financial requirements of sponsorship.

I believe my current status of being permanently employed, making $65,000.00 gross, is more than sufficient to meet the 2007 poverty guidelines to have our petition approved. Indeed, if there was inadequate income to go forward with this petition, the National Visa Center would have rejected the original Affidavit of Support submitted in conjunction with this petition. Therefore, this consular request to have a joint sponsor included in our petition, in addition to already having a $65,000.00 income, is an extraordinary demand which we believe to be an unfair expectation.

I have enclosed a letter copies (original letters were submitted with the original Affidavit of Support) from my employers which demonstrates I meet and exceed the poverty guidelines for 2007.

I hope you will take the time to review the case personally and advise us on how to proceed further.

Thanking you in advance.

Sincerely.

YOUR NAME

cc: Steven J. White, Deputy Chief of Mission, United States Embassy, New Delhi

Edited November 1, 2007 by Nutty

[kim-786 0]

JAS,

PLEASE CLARIFY ONE THING. YOUR TIMELINE IS SAYING THAT YOU APPLIED FOR K-3. I DO NOT THINK YOU NEED I-864 FOR K3. ALSO, IF YOU NEED ANOTHER CO-SPONSER, HE/SHE WILL NEED TO FILL OUT ANOTHER I-864 NOT I-184.

ALSO, 2006 POVERTY GUIDELINE (125%) FOR 2 PEOPLE IS 16,500 NOT $21,462. BELOW IS THE LINK. SO, I THINK WE ARE MISSING SOMETHING HERE. I THINK, THOUGH, THAT TEHY ARE GIVING YOU HARD TIME BECAUSE OF UNEMPLOYMENT. IT'S LIKE A RED SIGNAL FOR A CO.

BUT THE INCOME THAT YOU ARE MENTIONING IS MORE THAN ENOUGH. I WOULD AGREE WITH NUTTY THAT YOU SHOULD GO TO THE CONSULATE AND SEE SOEMONE WHO IS ABOVE THE CO WHO INETRVIWED YOU (PROBABALY HIS SUPERVISOR). GOOD LUCK!!!

http://www.lexisnexis.com/practiceareas/im...pdfs/web995.pdf

[lennon 0]

I can tell you what not to do if the consular makes a problem, call them and try to get information or sound upset. It got my petition sent back to the US in one day.

[kim-786 0]

No, not to get upset, but atleast ask them to clarify why they are asking for a joint sponser. My feelings is that they saw his overall financial situation and then made this decision. As I said, somthings he is telling us are not clear as I mentioned above

[Nutty 2]

Yea I wish that would have worked. I have submitted everything and more. I have two jobs, one pays $35k and the other $30k. Got letters from both jobs and submitted recent paystubs from both. Also submitted a letter from my bank manager with my account info. with current balance showing more then $5k....still was asked for this:

LOOKING AT YOUR BLUE SHEET THEY ARE REQUESTING THIS:

If you filed your 2006 tax return JOINTLY with another person, the other person who filed with you needs to also fillout an I-864A and include their 1040 and W-2’s.

Secondly, they want proof the PETITIONER is am AMCIT (American Citizen) or LPR (Legal Permanent Resident)

Edited November 1, 2007 by Nutty

[pushbrk 12,878]

Yea I wish that would have worked. I have submitted everything and more. I have two jobs, one pays $35k and the other $30k. Got letters from both jobs and submitted recent paystubs from both. Also submitted a letter from my bank manager with my account info. with current balance showing more then $5k....still was asked for this:

LOOKING AT YOUR BLUE SHEET THEY ARE REQUESTING THIS:

If you filed your 2006 tax return JOINTLY with another person, the other person who filed with you needs to also fillout an I-864A and include their 1040 and W-2’s.

Secondly, they want proof the PETITIONER is am AMCIT (American Citizen) or LPR (Legal Permanent Resident)

It doesn't help that this is being discussed in three separate threads in two different forums.

It's a K3 case. The Consular officer gave him the wrong form. They don't need an I-864 and didn't receive one and reject it either. He gave them an I-134.

The OP will go back to the Consulate tomorrow to hopefully get some clarification. If he's still awake, I suggest he press for an immediate approval because he qualifies with enough documented current income. If he delivers an I-864, he'll just get asked for an I-134 to replace it or get approved without it. It's a circle jxxx.

[kim-786 0]

Yea I wish that would have worked. I have submitted everything and more. I have two jobs, one pays $35k and the other $30k. Got letters from both jobs and submitted recent paystubs from both. Also submitted a letter from my bank manager with my account info. with current balance showing more then $5k....still was asked for this:

LOOKING AT YOUR BLUE SHEET THEY ARE REQUESTING THIS:

If you filed your 2006 tax return JOINTLY with another person, the other person who filed with you needs to also fillout an I-864A and include their 1040 and W-2’s.

Secondly, they want proof the PETITIONER is am AMCIT (American Citizen) or LPR (Legal Permanent Resident)

It doesn't help that this is being discussed in three separate threads in two different forums.

It's a K3 case. The Consular officer gave him the wrong form. They don't need an I-864 and didn't receive one and reject it either. He gave them an I-134.

The OP will go back to the Consulate tomorrow to hopefully get some clarification. If he's still awake, I suggest he press for an immediate approval because he qualifies with enough documented current income. If he delivers an I-864, he'll just get asked for an I-134 to replace it or get approved without it. It's a circle jxxx.

He is making it so confusing because for I-134, the income is only 100% and he has many times more than that. I think somthing is wrong here.

[pushbrk 12,878]

Yea I wish that would have worked. I have submitted everything and more. I have two jobs, one pays $35k and the other $30k. Got letters from both jobs and submitted recent paystubs from both. Also submitted a letter from my bank manager with my account info. with current balance showing more then $5k....still was asked for this:

LOOKING AT YOUR BLUE SHEET THEY ARE REQUESTING THIS:

If you filed your 2006 tax return JOINTLY with another person, the other person who filed with you needs to also fillout an I-864A and include their 1040 and W-2’s.

Secondly, they want proof the PETITIONER is am AMCIT (American Citizen) or LPR (Legal Permanent Resident)

It doesn't help that this is being discussed in three separate threads in two different forums.

It's a K3 case. The Consular officer gave him the wrong form. They don't need an I-864 and didn't receive one and reject it either. He gave them an I-134.

The OP will go back to the Consulate tomorrow to hopefully get some clarification. If he's still awake, I suggest he press for an immediate approval because he qualifies with enough documented current income. If he delivers an I-864, he'll just get asked for an I-134 to replace it or get approved without it. It's a circle jxxx.

He is making it so confusing because for I-134, the income is only 100% and he has many times more than that. I think somthing is wrong here.

Then let this be the first of many indication that there's more to obtaining a visa that fulfilling some published minimum requirements.

[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?

[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

[Sha2011 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

I am so glad that your wife is approved. May God bless you, your wife, and your future baby.