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JLC2015

I864 insufficient income case note

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Hi!

I have submitted the I864 and DS260 for the CR1 visa. For the I864 I received a Case FE note:

 

"Based on the income provided on the Affidavit of Support, SPONSOR does not meet the minimum income requirement to sponsor the intending immigrants for this case. The consular officer will make a decision regarding this requirement at the time of the interview. For more information, please visit https://www.uscis.gov/i-864p. To avoid delays, an additional Affidavit of Support Form I-864 for a joint sponsor may be submitted." 

 

Ok... except 125% of the Federal Poverty Level for a household of FOUR is $32,188. I provided a final, end-of-the-year check stub showing I grossed $34,259.80 from that job alone. I provided a letter verifying employment and an increase in my annual salary to $40,310.40. I also provided bank statements showing weekly child support payments cumulative to $3,626.48 annually. Even just looking at the lowest figure, without child support, my income is still $2,071.80 over the guideline. Admittedly, my 2017 tax documents are for a previous job (and a lot of time off to travel) reflecting annual income of ~$22,000. In addition to all the above and other documents requested, I submitted 2015, 2016, and 2017 tax RETURNS. After review of the AOS package, I received a request for 2017 tax return TRANSCRIPTS. Those have been submitted but not yet reviewed. 

 

Worth noting: I have an email out to the NVC (I've called and waited on hold for over an hour on two separate occasions and gave up) but want immediate consolation if possible. Also, my husband is a veterinarian with a doctorate degree; with just two tests and a fee he will be licensed to practice vet medicine in my state. He needing assistance will not likely be an issue.

 

My questions: Does the FE Review note go out just for the fact that they requested more financial documents, like a blanket response? Or at the NVC level, are they only considering income proven by tax documents and ignoring actual current income information? Do I need to ####### my pants and frantically search for a joint sponsor that probably doesn't exist? Or can I relax because the consular officer at the interview will surely consider my most recent income? Will the beneficiary's potential for finding employment and earning income in the US be considered during the interview? 

 

I appreciate your advice,  support, or sharing of your own similar experience! Yes, ultimately I will take the word of NVC, but in the mean time I need some answers! 

 

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The income for a family of 4 I thought was $31,375. They mainly look at your tax returns and transcripts. Employment letters and check stubs are optional. As your husband being a veterinarian they dont care about the beneficiary's income just yours. Because even though you make more money now your tax forms doesnt show that

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11 hours ago, JLC2015 said:

Hi!

I have submitted the I864 and DS260 for the CR1 visa. For the I864 I received a Case FE note:

 

"Based on the income provided on the Affidavit of Support, SPONSOR does not meet the minimum income requirement to sponsor the intending immigrants for this case. The consular officer will make a decision regarding this requirement at the time of the interview. For more information, please visit https://www.uscis.gov/i-864p. To avoid delays, an additional Affidavit of Support Form I-864 for a joint sponsor may be submitted." 

 

Ok... except 125% of the Federal Poverty Level for a household of FOUR is $32,188. I provided a final, end-of-the-year check stub showing I grossed $34,259.80 from that job alone. I provided a letter verifying employment and an increase in my annual salary to $40,310.40. I also provided bank statements showing weekly child support payments cumulative to $3,626.48 annually. Even just looking at the lowest figure, without child support, my income is still $2,071.80 over the guideline. Admittedly, my 2017 tax documents are for a previous job (and a lot of time off to travel) reflecting annual income of ~$22,000. In addition to all the above and other documents requested, I submitted 2015, 2016, and 2017 tax RETURNS. After review of the AOS package, I received a request for 2017 tax return TRANSCRIPTS. Those have been submitted but not yet reviewed. 

 

Worth noting: I have an email out to the NVC (I've called and waited on hold for over an hour on two separate occasions and gave up) but want immediate consolation if possible. Also, my husband is a veterinarian with a doctorate degree; with just two tests and a fee he will be licensed to practice vet medicine in my state. He needing assistance will not likely be an issue.

 

My questions: Does the FE Review note go out just for the fact that they requested more financial documents, like a blanket response? Or at the NVC level, are they only considering income proven by tax documents and ignoring actual current income information? Do I need to ####### my pants and frantically search for a joint sponsor that probably doesn't exist? Or can I relax because the consular officer at the interview will surely consider my most recent income? Will the beneficiary's potential for finding employment and earning income in the US be considered during the interview? 

 

I appreciate your advice,  support, or sharing of your own similar experience! Yes, ultimately I will take the word of NVC, but in the mean time I need some answers! 

 

It is a general ref statement yes.. we were in the same situation where our prletotionets income was technically sufficient but his income history was low .. for understandable reasons.. we were advised to get a joint sponsor also and to take the new paperwork to the interview 

It is the interviewing officer who makes the decision. 

At the interview, it was assessed that we didn’t need the joint sponsor, but we were prepared in case we did. 

Had  the decision gone  the other way , and if we hadn’t been prepared with the joint sponsor documents, we would have been in AP until those documents were provided and accepted. 

You can try without them.. just be aware of the risks and consequences . 

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The income that the CO will look at is adjusted gross income (AGI) from your tax returns, not gross income.  They are also getting more strict on the income decisions, and also keep in mind that meeting the minimum does not guarantee that the CO will approve the visa.  They look at the totality of the circumstances and make a judgment on everything, including the past three years' tax returns as well as proof of current income (pay stubs, letter from employer).  The beneficiary's income or future income is not considered.  Your husband can go to the interview without a co-sponsor, but the notice you received is evidence that they might deny the visa based on the I-864 you submitted.  Do you have assets that could be added to the I-864?

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15 hours ago, carmel34 said:

The income that the CO will look at is adjusted gross income (AGI) from your tax returns, not gross income.  They are also getting more strict on the income decisions, and also keep in mind that meeting the minimum does not guarantee that the CO will approve the visa.  They look at the totality of the circumstances and make a judgment on everything, including the past three years' tax returns as well as proof of current income (pay stubs, letter from employer).  The beneficiary's income or future income is not considered.  Your husband can go to the interview without a co-sponsor, but the notice you received is evidence that they might deny the visa based on the I-864 you submitted.  Do you have assets that could be added to the I-864?

Ugg.  It's AGI, ONLY if you file a 1040EZ.  Otherwise it is "Total Income", which for an employed person is effectively, "gross income".  It is also common for AGI and Total income fields on the 1040 to be the same number.

If you are confident your income qualifies, then expect a favorable judgment call on the totality of circumstances.


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Thank you all!

I feel more confident now. And I did find someone who is willing to be a joint sponsor so we have that up our sleeve in case it is needed. I'll have that paperwork ready by next week. Still have not heard back from NVC but will post their response, once I get it, for future reference.

Also, I realized I was looking at the 2019 Federal poverty rate, when maybe I should have been looking at 2017's. That coupled with the cash in the bank alone should put us in a favorable position.

Thanks again :)

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Update: still have not heard back from NVC. But while doing some perusing of the CEAC FAQ page I did find this:

"Is a sufficient Form I-864 the only consideration for meeting any public charge issues at the time of the visa interview?

No, consular officers also look at other public charge factors affecting the financial situation of both the financial sponsor(s) and the applicant. Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. Consular officers will verify to the extent possible that applicants have adequate financial support to prevent them becoming a public charge in the United States. Public charge means that someone is primarily dependent on the U.S. government for subsistence."

Despite the silence from NVC, I am feeling a bit more confident that the past 4 years of waiting is nearing the end!!

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