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Michael1993

NVC said I don't meet the poverty guidelines but I do

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Hello,

 

Last Friday I received a message from the NVC saying they reviewed the AOS and that I do not meet the poverty guidelines and require a joint sponsor.

 

The crazy thing is that I make more than twice the minimum annual income requirement for a family of 2. I submitted a letter from my employer w/ salary information, my last 6 months of pay stubs, and my 2018 W2 all of which show that I make more than enough. My tax return transcripts for 2015-2017 were below the guideline because I was a full-time college student, but why should that matter if I exceeded the requirement last year and continue to exceed it?

 

Has anyone ever encountered this situation before? I called the number as was told that the NVC determined in their review that I do not meet the threshold, but that they do not adjudicate these matters and cannot provide any further information---I was again told that I should get a joint sponsor.  I sent one of those "Ask NVC" inquires last Friday and reattached all of my documentation. I'm still waiting to hear back.

 

How do they determine these things? It just seems so bizarre. My entire experience with the NVC has been nothing short of a nightmare.

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13 minutes ago, Michael1993 said:

Hello,

 

Last Friday I received a message from the NVC saying they reviewed the AOS and that I do not meet the poverty guidelines and require a joint sponsor.

 

The crazy thing is that I make more than twice the minimum annual income requirement for a family of 2. I submitted a letter from my employer w/ salary information, my last 6 months of pay stubs, and my 2018 W2 all of which show that I make more than enough. My tax return transcripts for 2015-2017 were below the guideline because I was a full-time college student, but why should that matter if I exceeded the requirement last year and continue to exceed it?

 

Has anyone ever encountered this situation before? I called the number as was told that the NVC determined in their review that I do not meet the threshold, but that they do not adjudicate these matters and cannot provide any further information---I was again told that I should get a joint sponsor.  I sent one of those "Ask NVC" inquires last Friday and reattached all of my documentation. I'm still waiting to hear back.

 

How do they determine these things? It just seems so bizarre. My entire experience with the NVC has been nothing short of a nightmare.

 

I don't know the new rules now, since I did mines in 2013 they were requesting a 3 year solid history, if not needed a Joint Sponsor luckily for those 3 years I was making more than enough.


..:::: My Visa Journey Timeline ::::..

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  • 10/20/2013 [Married]
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2014

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5 minutes ago, AdnanS said:

 

I don't know the new rules now, since I did mines in 2013 they were requesting a 3 year solid history, if not needed a Joint Sponsor luckily for those 3 years I was making more than enough.

If that is the case, I don't know why they wouldn't include that on the website, the I-864 form, or the instructions. It says nothing about a 3 year history.

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21 hours ago, hellspawner said:

I'd guess you missed the income question on the 864

 

21 hours ago, hellspawner said:

if that's not it then they've based the determination off line 22 of the 1040

Thanks for the replies.

 

For the income question on my I-864 I put the income listed on my employment verification letter. Should I not have done this?

 

I included my 2018 W2s and my 2017 tax transcript (only $8,217 for 2017 since I was in college). The 1040 is different this year. Line 22 on the old one was total income. Total income is now line 6 and shows $26,921.

 

I think I made a mistake by not filing my taxes before submitting the AOS. I now have my 1040 for 2018 as well a letter from the VA saying I receive $16,820 a year in tax free income. 

 

Do you think if I submit this info with a new I-864 it will be reviewed before they schedule the interview? 

 

Obviously I messed something up, so I'm trying to salvage the situation to prevent issues at the interview.

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what post? second round for April is closed. if you didn't get scheduled you'll have time. that being said if you submit a new doc you're wind up with a new qualified date. that puts you back to the end of the line. that might not be bad, but if we're talking about someplace like cdj you'll end up costing yourself months. it's '17s transcript that's your problem. guaranteed if you called and asked what was entered as your income you'll be told the amount that's on the transcript. ya'll know you can do that right? ;) the beneficiary will have the opportunity to plead your case at the interview. an assessment letter from the nvc isn't the end of the world. it's gonna take considerable effort to overcome. the va letter won't even be looked at. so unless you're confident you 18 total inc is above pov you're gonna need a js. sorry I have to think out loud. 

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I've called them twice. Both times they said, "we do not adjudicate these matters and can't provide any information. The decision is up to the consular official". I also filed an "ask NVC" form on the website over a week ago with no reply. They did not send an assessment letter or request for information. I can't see the exact wording of the message because the site is down right now. It says more or less that this will not impact the scheduling of the interview and that it is up to the consular official. 

 

I'm working on the joint sponsor now.. Just seems ridiculous that even with almost 3 times the required income I need a js.

 

 

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My advise would be to file your taxes as soon as possible and get the 2018 tax transcript as soon as it becomes available from IRS.

Also, find a joint sponsor and get him/her to sign an affidavit of support and get 2018 tax transcript. 

By the time your interview is due, 2018 taxes will be due and consular officer will demand 2018 ones.

During the interview, looking at YOUR tax transcript, consular officer may approve the visa without a joint sponsor. But if he/she doesn’t, you will have the joint sponsor’s signed affidavit and tax transcript handy. That way, you won’t be denied or asked to come back another time to the consulate, god knows when an interview slot will be available again.

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39 minutes ago, Junior11 said:

My advise would be to file your taxes as soon as possible and get the 2018 tax transcript as soon as it becomes available from IRS.

Also, find a joint sponsor and get him/her to sign an affidavit of support and get 2018 tax transcript. 

By the time your interview is due, 2018 taxes will be due and consular officer will demand 2018 ones.

During the interview, looking at YOUR tax transcript, consular officer may approve the visa without a joint sponsor. But if he/she doesn’t, you will have the joint sponsor’s signed affidavit and tax transcript handy. That way, you won’t be denied or asked to come back another time to the consulate, god knows when an interview slot will be available again.

Thanks I've filed my taxes but I haven't heard anything back yet. I'm going to send my wife a copy of my 1040, all schedules, my W2s, and my 1099-INTs. I'm not sure how long it takes the transcripts to become available.

 

I've talked with my sister and her husband and they've agreed to be joint sponsors. Once they file their taxes next weekend they will send me all of the documents. Do you know if they both have to complete I-864s since they file taxes jointly? If so, what would I list as the income for each one? 

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20 minutes ago, Michael1993 said:

Thanks I've filed my taxes but I haven't heard anything back yet. I'm going to send my wife a copy of my 1040, all schedules, my W2s, and my 1099-INTs. I'm not sure how long it takes the transcripts to become available.

 

I've talked with my sister and her husband and they've agreed to be joint sponsors. Once they file their taxes next weekend they will send me all of the documents. Do you know if they both have to complete I-864s since they file taxes jointly? If so, what would I list as the income for each one? 

I’m so glad your sister and your brother-in-law are so supportive of you. 

 

About two sponsors with a joint tax return, you can start a new thread to get attention of people who have done so. I’m ignorant on that subject, but I can only GUESS their W-2’s will demonstrate which portion of the income comes from which person. It’s important that their AOS forms match their 1040s and W-2s, cause the officer will compare them.

 

Hopefully, consulate officer will approve the visa solely on your income (without their sponsorship) but if not, it’s good to have their forms filled correctly, so you get an approval on the spot.

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