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F2A petition appointment in 2 days. Our AOS sponsor's income decreased below poverty guidelines for 2013.. Will this be an issue

Bronx, NY |

I'm getting ready for our appointment at the Embassy in Santo Domingo. While putting everything together we noticed we were required to have the latest income taxes for our sponsor. Everything was good until we noticed that his income for last year decreased dramatically because of a loss he incurred while selling a property.

The thing is... I dont really know much about how I can get around this. The guy is doing this as a favor to us and I feel bad about asking so many things from him. I thought maybe we could get some info proof on his assets. He is definitely a solid affidavit as he owns a business that's stable.

Last year his income was way above poverty guidelines for 2 people.. (including my wife)... Is there a chance they might not ask for this info? I have been filing taxes for the last 3 years.. however, my income is well below the poverty guidelines to support my wife, can both our incomes be combined in the calculation? (meaning my income + sponsor's income).

Attorney Answers 3


  1. If they ask for any updates at the interview, you must be honest and provide all relevant changes for such changes, in my professional opinion.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois


  2. I wouldn't worry about this anymore, Amigo.. The time for the consulate to ask for the affidavit of support supporting documents has now passed (that was done at the NVC level, remember?) Thus, unless the consul again brings up the Affidavit of support issue, and asks you questions or asks you to "update" the co-sponsor's financial information (which I don't think will happen) you are in good shape.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. If he shows proof of income that is overly sufficient, as opposed to a paper loss (the loss of selling the property) it may not matter. But if you are concerned you should speak with a immigration attorney directly.

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