SSDI AOS joint sponsor denied. 221G Form requesting new joint sponsor.

[Twin Daviniete]

A week ago my husband had his interview at the embassy in Algiers, Algeria. The consular officer told him that everything was fine in our case, except for the fact that my father’s joint sponsorship income was not acceptable to him; and we must find a new joint sponsor.

My father has SSDI income, and had called the NVC prior to our filing the I-864 forms. He spoke with 2 different supervisors and was told that his SSDI income was acceptable, and was instructed on exactly how to submit his forms. Unfortunately, the CO told my husband this type of income is classified as benefits, and is means-tested in this category, therefore it is not acceptable for joint sponsorship.

However, everything we are reading, and from what my father was told by NVC supervisors, SSDI is classified as non-means-tested, and should qualify for both sponsorship and joint sponsorship under its definition.

My question is, is it possible that this CO did not understand the classification of my father’s income, and did not approve the AOS by mistake? Or, was he correct in his decision, therefore we must try to find a new joint sponsor? If he was mistaken, and we should have been approved, how do we go about amending this error?

Regards.

[Chad H.]

Twin,

Sorry to hear about this hiccup in your husband's immigration process.

This is really a tax law question. For your father to be a joint sponsor, his household income needs to meet the threshold. "Income" here is defined to mean "total income" as shown on line 22 of a correctly filled IRS Form 1040.

So it's relevant what your father's 1040 shows for the most recent year--does it include the SSDI in calculating total income? If yes, then was that calculation correct? A tax adviser should know. SSDI benefits are sometimes taxable and sometimes not. See http://idaresources.acf.hhs.gov/page...000000DggvrAAB.

One possible way to move forward is to have your lawyer simply ask the officer for a written explanation of why he believes the affidavit of support was insufficient. In trying to write out his answer to that question, the consular officer may realize that he made a mistake. Or, when you receive the answer, if it seems to be wrong, it may then be easier to bring this to the attention of a supervisor at the Embassy or of the Visa Office in Washington.

Another way to move forward may be to change the income and/or assets you rely on for affidavit of support purposes.