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Income problem at AOS Interview Need Advice & Reassurance Please

Income problem at AOS Interview Need Advice & Reassurance Please

Old Aug 6th 2004, 9:55 am
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Default Income problem at AOS Interview Need Advice & Reassurance Please

My husband had his AOS Interview on July 20th in Bloomington, MN. We had thought things would be fine but was wrong. The lady who interviewed us was not very friendly. We had hoped that this would not have happened but sure enough it did. She had asked my husband the yes or no questions & asked one of us to tell her how we met. So I did that part. She then got Peter's signature on this card & took his fingerprints. Asked for his passport, ID & EAD card. Took the I-94 out of his passport. She then asked for Tax Returns & W-2's, Employment letters.

Currently my husband & I are living with my mother till we have enough in income to get our own place. I am out of work cause the company I worked for went out of business. Jobs here at the moment are hard to find. My husband has been working shorly after getting his 1st EAD & has started working his way up in the company. He has had his job close to a year now.

Anyway she looked over Peter's Employment letter & she wasnt satisfied with it cause it didnt have the company name on it. My mom didnt have one cause where she worked they wouldnt give her one. So the lady is looking over our income & says that we are cutting it very close to the required quidelines. To make a long story short she tells us after looking over the paperwork that she cannot grant my husband PR cause we need to submit better employment letters showing a good amount of income coming in so my husband doesnt become a public charge. She gives us a letter what is required to send to her. We have 12 weeks to get this done.

She also said I believe something to the affect that my mother has to make 16,000 this year to qualify. It was like she never even considered my husbands income at all. Just my mothers.

My mother has gotten a different job cause the pay is more & I am still looking for something but it's tough.

So here is the big question. Once we send in these employment letters, What happens if these are not satisfactory to the lady who interviewed us? I mean what will happen to my husband? We have no other person who can sponsor him. He is so worried that the letters wont be satisfactory & he will have to go back to Canada. Can they make him go back for this reason?

If anyone can give me some insight on this I would very much appreciate it. My hubby is driving me nuts over this & now is getting me worried as well.
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Old Aug 6th 2004, 10:22 am
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Default Re: Income problem at AOS Interview Need Advice & Reassurance Please

Originally posted by PEACHSTER
My husband had his AOS Interview on July 20th in Bloomington, MN. We had thought things would be fine but was wrong. The lady who interviewed us was not very friendly. We had hoped that this would not have happened but sure enough it did. She had asked my husband the yes or no questions & asked one of us to tell her how we met. So I did that part. She then got Peter's signature on this card & took his fingerprints. Asked for his passport, ID & EAD card. Took the I-94 out of his passport. She then asked for Tax Returns & W-2's, Employment letters.

Currently my husband & I are living with my mother till we have enough in income to get our own place. I am out of work cause the company I worked for went out of business. Jobs here at the moment are hard to find. My husband has been working shorly after getting his 1st EAD & has started working his way up in the company. He has had his job close to a year now.

Anyway she looked over Peter's Employment letter & she wasnt satisfied with it cause it didnt have the company name on it. My mom didnt have one cause where she worked they wouldnt give her one. So the lady is looking over our income & says that we are cutting it very close to the required quidelines. To make a long story short she tells us after looking over the paperwork that she cannot grant my husband PR cause we need to submit better employment letters showing a good amount of income coming in so my husband doesnt become a public charge. She gives us a letter what is required to send to her. We have 12 weeks to get this done.

She also said I believe something to the affect that my mother has to make 16,000 this year to qualify. It was like she never even considered my husbands income at all. Just my mothers.

My mother has gotten a different job cause the pay is more & I am still looking for something but it's tough.

So here is the big question. Once we send in these employment letters, What happens if these are not satisfactory to the lady who interviewed us? I mean what will happen to my husband? We have no other person who can sponsor him. He is so worried that the letters wont be satisfactory & he will have to go back to Canada. Can they make him go back for this reason?

If anyone can give me some insight on this I would very much appreciate it. My hubby is driving me nuts over this & now is getting me worried as well.
I know jobs are hard to find, but at the moment any port in the storm will do. I have a college education, but in my time, in both marriages-I worked as a dishwasher in a bakery, a part time aide at a school, marking and receiving for a dept store in their storeroom, clerking in shops and currently parttime as a cashier in a grocery-in other words, you do what you have to do. The end justifies the means. Good luck!
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Old Aug 6th 2004, 11:29 am
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Default Re: Income problem at AOS Interview Need Advice & Reassurance Please

I'm so sorry to hear of your news. You are only the one case I've heard of where the examiner will not use the foreign spouse's income for the I-864. The other was in Portland, Maine. Would she use your unemployment benefits?

Glad mom has a new job. Does she earn 125% of the guidelines for a family of three? If so, will this new company give her the letter that the I-864 requires?

If you are able to get a job, anything at this point will suffice, to add your income to hers to go over the top of the amount required that would be a god sent.

Like Cindy, as a single mother I worked part time in addition to my full time employment to make ends meet so I have first hand experience of the need to work your arse off. As a secretary I worked pt as a bartender, waitress or in the telephone order section of Lillian Vernon for extra income.

So you might think two part time jobs for now instead of one full time or one full time and one part time. It is only for a short time.

Big hugs
Rete


Originally posted by PEACHSTER
My husband had his AOS Interview on July 20th in Bloomington, MN. We had thought things would be fine but was wrong. The lady who interviewed us was not very friendly. We had hoped that this would not have happened but sure enough it did. She had asked my husband the yes or no questions & asked one of us to tell her how we met. So I did that part. She then got Peter's signature on this card & took his fingerprints. Asked for his passport, ID & EAD card. Took the I-94 out of his passport. She then asked for Tax Returns & W-2's, Employment letters.

Currently my husband & I are living with my mother till we have enough in income to get our own place. I am out of work cause the company I worked for went out of business. Jobs here at the moment are hard to find. My husband has been working shorly after getting his 1st EAD & has started working his way up in the company. He has had his job close to a year now.

Anyway she looked over Peter's Employment letter & she wasnt satisfied with it cause it didnt have the company name on it. My mom didnt have one cause where she worked they wouldnt give her one. So the lady is looking over our income & says that we are cutting it very close to the required quidelines. To make a long story short she tells us after looking over the paperwork that she cannot grant my husband PR cause we need to submit better employment letters showing a good amount of income coming in so my husband doesnt become a public charge. She gives us a letter what is required to send to her. We have 12 weeks to get this done.

She also said I believe something to the affect that my mother has to make 16,000 this year to qualify. It was like she never even considered my husbands income at all. Just my mothers.

My mother has gotten a different job cause the pay is more & I am still looking for something but it's tough.

So here is the big question. Once we send in these employment letters, What happens if these are not satisfactory to the lady who interviewed us? I mean what will happen to my husband? We have no other person who can sponsor him. He is so worried that the letters wont be satisfactory & he will have to go back to Canada. Can they make him go back for this reason?

If anyone can give me some insight on this I would very much appreciate it. My hubby is driving me nuts over this & now is getting me worried as well.
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Old Aug 6th 2004, 12:08 pm
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Default Re: Income problem at AOS Interview Need Advice & Reassurance Please

Originally posted by Rete
Glad mom has a new job. Does she earn 125% of the guidelines for a family of three?

*snip*

If you are able to get a job, anything at this point will suffice, to add your income to hers to go over the top of the amount required that would be a god sent.

Rete
I think her mother only needs to make enough for TWO people, doesn't she -- Mom + Beneficiary? Just living with her mother doesn't make Peachster a dependent, after all. And she said the interviewing officer said her mother needs to earn $16k, which is just over the minimum required for a two-person household.

I agree that any sort of work, whether it be part-time or just a minimum wage position, can only help their situation. Temp agencies might be a place to look.

Good luck to you, Peachster!

~ Jenney
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Old Aug 6th 2004, 2:00 pm
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Default Re: Income problem at AOS Interview Need Advice & Reassurance Please

Originally posted by Rete
I'm so sorry to hear of your news. You are only the one case I've heard of where the examiner will not use the foreign spouse's income for the I-864. The other was in Portland, Maine. Would she use your unemployment benefits?
I know that immigration officers can make their own decisions, but I would think that the officer would have to consider the foreign spouse's income (that they can't just blatantly disregard it because they want to). Is there something that can be done to get them to accept the foreign spouse's income? Or do we (the US spouse) just have to bite our tongues and accept their judgement on this (even if we allowed to include the foreign spouse's income)?

I know this doesn't help Peachster, but is there some way she could fight that decision, besides getting a part/full time job?
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Old Aug 6th 2004, 2:54 pm
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Default Re: Income problem at AOS Interview Need Advice & Reassurance Please

Originally posted by Jenney & Mark
I think her mother only needs to make enough for TWO people, doesn't she -- Mom + Beneficiary? Just living with her mother doesn't make Peachster a dependent, after all. And she said the interviewing officer said her mother needs to earn $16k, which is just over the minimum required for a two-person household.

I agree that any sort of work, whether it be part-time or just a minimum wage position, can only help their situation. Temp agencies might be a place to look.

Good luck to you, Peachster!

~ Jenney
Yes and no. Peachster is living in the household and will do I-864. Mom lives in household and will complete I-864A. That makes a family of three not two. And we have seen that at other times when asked about this question, people have been told that regardless of whether or not a household is financially independent, they are still included in the count of members of the household (see I-864). So going by this (instead of what the pricky examiner said) I would definitely be sure that the household income exceeds the household member number of 3 and not 2.

Rete
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Old Aug 6th 2004, 3:44 pm
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Default Re: Income problem at AOS Interview Need Advice & Reassurance Please

Thanks guys. I am looking for jobs & even if it is part time I will take it. Hopefully soon I can find something to get the ball rolling. I'm going today to apply for a job & am still searching.

I dont know why but this woman who interviewed us was just fixated on my mothers income & really didnt pay to much attention to my husbands income.

The past tax year my mother made over 16,000. My husband started his job last September. Before we had left for his interview, I had added my mothers income, my husbands income & the little I had made & it totaled over 22,000.

I dont know what this ladys problem was but I just hope when the time comes we send in the info she wants that she still wont be picky & give my husband PR.

So if our income isnt satsifactory to this woman, What will happen to my husband? Anyone know?
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Old Aug 6th 2004, 4:10 pm
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Default Re: Income problem at AOS Interview Need Advice & Reassurance Please

Originally posted by PEACHSTER
Thanks guys. I am looking for jobs & even if it is part time I will take it. Hopefully soon I can find something to get the ball rolling. I'm going today to apply for a job & am still searching.

I dont know why but this woman who interviewed us was just fixated on my mothers income & really didnt pay to much attention to my husbands income.

The past tax year my mother made over 16,000. My husband started his job last September. Before we had left for his interview, I had added my mothers income, my husbands income & the little I had made & it totaled over 22,000.

I dont know what this ladys problem was but I just hope when the time comes we send in the info she wants that she still wont be picky & give my husband PR.

So if our income isnt satsifactory to this woman, What will happen to my husband? Anyone know?
Would "the letter of the law be" that he is requested to leave? I think you should be more thinking positive here and just get the income up to the level needed for 125% of the poverty line.
Have you been given a deadline for refiling the new income report? Maybe someone else could cast light on what the normal timeline is for such a review?
Patrick

PS. Here is a direct quote from the USCIS site about the requirements, sadly it does not give a definitve answer to not meeting the requirements.

________________________________________
Affidavit of Support Income Requirements

The law requires a sponsor to demonstrate an income level at or above 125 percent of the Federal poverty line, as published annually by the Department of Health and Human Services. To establish income level, sponsors must provide proof of current employment and copies of their Federal income tax returns for the 3 most recent tax years. The income of certain other household members may be added in computing income level if they sign a contract, Form I-864A, agreeing to make their income and/or assets available for the support of the sponsored immigrants. For active duty military personnel, the income requirement is 100 percent of the poverty level, if they are sponsoring their spouse and/or child.

If the sponsor's household income does not meet the income requirements, evidence of assets, such as cash in savings accounts, stocks, bonds, or property, may be considered in determining the sponsor's ability to support the immigrant.

If the sponsor cannot meet the required income level based on income and assets, another person may serve as a joint sponsor. The joint sponsor must meet all sponsorship requirements, other than being the petitioner, and be willing to assume legal liability for the sponsored immigrant(s) with the petitioning relative.

INS and DOS will not use a set formula to determine whether a person qualifies as a sponsor. The greatest weight will be placed on earnings from current employment. In most instances, sponsors will be found eligible if they are employed and demonstrate the ability, along with household members who sign a contact on Form I-864A, to earn income at or above 125 percent of the poverty line for the number of persons who will be supported.
________________________________________

Last edited by inquisitive40; Aug 6th 2004 at 4:14 pm.
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Old Aug 6th 2004, 5:00 pm
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Default Re: Income problem at AOS Interview Need Advice & Reassurance Please

Originally posted by inquisitive40
Would "the letter of the law be" that he is requested to leave? I think you should be more thinking positive here and just get the income up to the level needed for 125% of the poverty line.
Have you been given a deadline for refiling the new income report? Maybe someone else could cast light on what the normal timeline is for such a review?
Patrick
Patrick,

They have 12 weeks to get further information back to the officer.

I was under the impression that if they have been living together for at least 6 months, both incomes would be counted towards support, but it doesn't sound like this Officer went along with that idea....I wonder why?

Rene
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Old Aug 6th 2004, 5:27 pm
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Default Re: Income problem at AOS Interview Need Advice & Reassurance Please

Originally posted by Noorah101
Patrick,

They have 12 weeks to get further information back to the officer.

I was under the impression that if they have been living together for at least 6 months, both incomes would be counted towards support, but it doesn't sound like this Officer went along with that idea....I wonder why?

Rene

Such was the case with the couple from Portland, Maine that I mentioned. She lost her job just before the AOS interview and the examiner would not use her unemployment, coupled with the foreign spouse's income for the I-864.

Looks as it is discretionary on the part of the examner.

Rete
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Old Aug 6th 2004, 6:12 pm
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Default Re: Income problem at AOS Interview Need Advice & Reassurance Please

Hi Angela,

I am really sorry to hear about this. I read your post on the other thread that I had posted and felt just awful for you. I was hoping to hear good news from you since we were just a day apart for interviews.

It sounds like the officer will accept Peter's income as long as the letter of employment has letterhead on it, right? Will this be difficult to get from his employer?

The reason I ask is one hour before our interview my husband and I had to rush in to our attorney's office to get a new 864 signed and notarized to include Gavin's income.

They attached his letter of employment (with company letterhead and signed from the HR dept) and this was acceptable to the officer we had.

Surely Peter's income is enough for the two of you to satisfy the 864?

I think once you get that submitted with the RFE you will be smooth sailing. Don't let this get you down, it will work out in the end, you just have to play by the officer's rules That's what we had to do.

Good luck,
Amy
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Old Aug 6th 2004, 6:34 pm
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Default Re: Income problem at AOS Interview Need Advice & Reassurance Please

Originally posted by amylass
Hi Angela,

I am really sorry to hear about this. I read your post on the other thread that I had posted and felt just awful for you. I was hoping to hear good news from you since we were just a day apart for interviews.

It sounds like the officer will accept Peter's income as long as the letter of employment has letterhead on it, right? Will this be difficult to get from his employer?

The reason I ask is one hour before our interview my husband and I had to rush in to our attorney's office to get a new 864 signed and notarized to include Gavin's income.

They attached his letter of employment (with company letterhead and signed from the HR dept) and this was acceptable to the officer we had.

Surely Peter's income is enough for the two of you to satisfy the 864?

I think once you get that submitted with the RFE you will be smooth sailing. Don't let this get you down, it will work out in the end, you just have to play by the officer's rules That's what we had to do.

Good luck,
Amy

Thanks Amy for the kind words. My husband told his employer what happened & that he will need another one & his employer said not a problem. I'm hoping that she will then accept Peter's income with the new letter.
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