Can't find a joint sponsor...re-apply next year?

[TheShape 2]

The CO at my interview said we needed a joint sponsor. My wife met the minimum, but only by about $1250. So, if we can't find one in the one year time frame, we have to re-apply. That being said, my wife has already made about $8000 more than last year, so if we re-apply in the spring of 2016, (from the beginning), will we still need a joint sponsor? What if I get the SAME CO next time around? So frustrated! Any help is appreciated.

[Boiler 45,932]

Does her current income meet the requirements?

[TheShape 2]

Does her current income meet the requirements?

Yes it does, but only by $1250. She also has over 40 tax credits. However, the CO wants a joint sponsor, which we can't find. Wondering now if we can send in her new tax return in January with an updated I-864 since she will be earning 8-10K more this year?

[Boiler 45,932]

Obviously something going on, you are confusing the two requirements, filing tax and current income.

If she just met the requirements and now is earning a lot more I do not understand the issue.

[TheShape 2]

Obviously something going on, you are confusing the two requirements, filing tax and current income.

If she just met the requirements and now is earning a lot more I do not understand the issue.

I haven't confused anything. She included her tax returns with the I-864, and it showed her income for the previous year. That income exceeded the minimum by $1250. This year she is earning about $8000 more than last year. So we are hoping to resubmit the I-864 after she does her taxes in January in hopes that a joint sponsor will no longer be required.

[Boiler 45,932]

You have to show that you filed taxes if necessarily.

You have to show that you currently meet the income requirements (also use savings).

They are separate requirements.

[TheShape 2]

You have to show that you filed taxes if necessarily.

You have to show that you currently meet the income requirements (also use savings).

They are separate requirements.

And that's exactly everything he asked for, and exactly what I showed him.

[Ash.1101 1,756]

Where you in Montreal??

I know of three people so far last week that were told to get a cosponsor or another one even though they met requirements.

Myself (I'm the USC)- K1 - I'm unemployed, my mother is cosponsoring and she made 3000$ over the min of the HHS poverty lines last year and 8000$ over this year. 19,912$ for a household of two, she made 22k last year and 27k currently. Was told to ... get another cosponsor that meets the requirements. I wanted to just resend my mom's info but I know they already have it lols. Just thought it was funny we have to get someone that meets the requirements, when we already did. We sent tax returns, W2, employer letter, paystubs. The CO wasn't interested in the 17000$ my fiance has in savings.

Another user (She's the canadian) - Spousal visa - They told her that her husbands workmans comp income didn't count as income and only considered his disability which wasn't enough without the workmans comp included. Told her to get a cosponsor as well.

And now you!

Edited September 28, 2015 by Ash.1101

[TheShape 2]

Where you in Montreal??

I know of three people so far last week that were told to get a cosponsor or another one even though they met requirements.

Myself - K1 - I'm unemployed, my mother is cosponsoring and she made 3000$ over the min of the HHS poverty lines last year and 8000$ over this year. 19,912$ for a household of two, she made 22k last year and 27k currently. Was told to ... get another cosponsor that meets the requirements. I wanted to just resend my mom's info but I know they already have it lols. Just thought it was funny we have to get someone that meets the requirements, when we already did.

Another user - Spousal visa - They told her that her husbands workmans comp income didn't count as income and only considered his disability which wasn't enough without the workmans comp included.

You!

Yes I was! I'm sorry you're going through the same thing as I am! My wife and I were and still are devastated. From what I read, the CO has the absolute final say in regards to a joint sponsor being necessary or not. I'm hoping we can figure this out soon, and best of luck to you as well!

[Ash.1101 1,756]

Yeah best of luck to you too! I'm almost wondering if we got the same guy or if they're cracking down on the financial requirements, like maybe they've let too many people slide by recently.

The past week we've had 3 VJer's (that I know of including you now) meet the requirements and all be kicked back for some reason, and yeah sadly CO's discretion trumps anything else. So if they have that nagging feel that it's not good enough, you get kicked back. It just is pretty brutal when we know we meet the min requirements as stated by what THEY put on their forms (like the poverty guidelines) only to be told it isn't good enough to them personally, I'm still not sure exactly what they want per year at this point so I'm trying for overkill.

Everyone's had the same story too, great interview, up until the financial portion, then it's just all down hill from there and no one's understanding why because we all assumed we had everything set up right according to their own standards.

Wish you the best of luck, I'm trying to get my grandparents to cosponsor, but they're a bit older so... explaining everything is difficult. They make about 40000 OVER the minimum for household size including my fiance, if they deny that then boy are we going to have some problems lol.

Good luck!!

Edited September 28, 2015 by Ash.1101

[Boiler 45,932]

Yeah best of luck to you too! I'm almost wondering if we got the same guy or if they're cracking down on the financial requirements, like maybe they've let too many people slide by recently.

The past week we've had 3 VJer's (that I know of including you now) meet the requirements and all be kicked back for some reason, and yeah sadly CO's discretion trumps anything else. So if they have that nagging feel that it's not good enough, you get kicked back. It just is pretty brutal when we know we meet the min requirements as stated by what THEY put on their forms (like the poverty guidelines) only to be told it isn't good enough to them personally, I'm still not sure exactly what they want per year at this point so I'm trying for overkill.

Everyone's had the same story too, great interview, up until the financial portion, then it's just all down hill from there and no one's understanding why because we all assumed we had everything set up right according to their own standards.

Wish you the best of luck, I'm trying to get my grandparents to cosponsor, but they're a bit older so... explaining everything is difficult. They make about 40000 OVER the minimum for household size including my fiance, if they deny that then boy are we going to have some problems lol.

Good luck!!

OP is married

[Ash.1101 1,756]

OP is married

I know, there just seems to be a trend. There was another married couple here that posted in the Canada forums on Thursday or Friday. She was told her husbands workmans comp isn't considered income and for her to get a cosponsor. http://www.visajourney.com/forums/topic/567663-221g-nvc-messed-up-need-a-co-sponsor-now/

"My husband collects disability and workers compensation benefits which I had proof of it all. In the interview I was told that the workers compensation doesn't count which made no sense and that just the disability amount alone didn't meet the financial requirements."

So far two married couples have been kicked back even though they made over, and then just me for K1 as far as I know. While we may not have had the same interviewer, they're definitely being a lot more stingy than normal from previous posts/reviews/peoplei'vetalkedtoo. I'd be less weary if it didn't all happen in the last week LOL.

Edited September 28, 2015 by Ash.1101

[Boiler 45,932]

Although some sources of money related to unemployment cannot be counted toward your income for purposes of filling out the Form I-864 on behalf of an intending immigrant (such as food stamps, SSI, Medicaid, and TANF), unemployment benefits are in a different category. They are basically insurance payments which you are allowed to collect upon based on your employer having paid into a federal/state unemployment system earlier.
For that matter, if you are also receiving any retirement benefits, worker’s compensation payments, or other benefits that are similarly considered “taxable income” by the IRS, you can count these toward meeting the 125% of Poverty Guidelines levels required in order to serve as an immigrant’s financial sponsor. (This comes from 71 Federal Register 35731.)
How long you will remain eligible for the unemployment benefits is an issue you should look into, however. The immigration authorities may consider this in assessing your ability to maintain the necessary income levels over time.

http://www.nolo.com/legal-encyclopedia/can-i-count-unemployment-checks-toward-income-i-864-purposes.html

[Ash.1101 1,756]

Thank you for the info! I'll pass that along to her just for her own info. I don't know the details of her husbands worksmans comp, but if it's for a while and they just flat out said it wasn't income when it was then there's def something going on with canada. Between people who make enough getting refused and the girl who wasn't let on the plane because her I-129F petition was expired, Canada's driving me crazy LOL.



As for the OP's original question because I don't think I answered it directly. Like you had said it's a CO's choice kinda thing. Personally I would think that 8000 over the minimum for the household would be fine, but at the same time you never know since the word minimum doesn't seem to mean to much. Denying you twice though if ya'll make enough for BOTH spousal visa interviews, I'm sure that's congressman territory at that point.

Edited September 28, 2015 by Ash.1101

[mallafri76 1,012]

OP, as part of the i-864, you included IRS transcript or similar to show last year's income. Did you also include paystubs or a letter from your wife's employer, to show current income? If she was only $1,250 above the federal poverty guidelines, showing proof that she now has a higher income might help.