Told we don't meet the meet income requirements - but we do

[Dundle 3]

Hey there,

 

Just got an update on my case, very frustrated by it. We were just told we do "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." And then we were linked here: https://www.uscis.gov/i-864p

I'm not really sure what the counsular officer making a decision means, but the message is also wrong. The HHS guidelines for a household of 2 is $21,550, but my wife made over $35,000 last year. How is that correct?

 

We were already told we aren't eligible for for "EZ" form, which I believe was incorrect too (we poured through the form info and saw nothing that would disqualify us) but they didn't tell us why and I thought it would be easier to just do the regular I-864 than trying to argue with them.

 

I don't want to file with a joint sponsor, but we could do it if we really needed. Does anyone have a better understanding of this situation than me?

 

Thank you.

[Lucky2Lucky 2,526]

Is she self employed? 

The guideline is only a guideline- not a steadfast number and the COs have discretion when they look at the totality of circumstances. I do agree that 35k should be sufficient (which is why I asked if she is self employed) but if they are telling you she does not see the requirement you should start looking for a joint sponsor ; a much better option than being denied. 

[Crazy Cat 39,212]

17 minutes ago, Dundle said:

I'm not really sure what the counsular officer making a decision means, but the message is also wrong. The HHS guidelines for a household of 2 is $21,550, but my wife made over $35,000 last year. How is that correct?

The Consulate Officer ALWAYS makes the decision regarding the likelihood of an immigrant becoming a public charge.  The federal guideline are just that......the Consulate Officer considers the whole picture.  There is no specific income level which guarantees approval.  It is at the discretion of the CO.

[Crazy Cat 39,212]

21 minutes ago, Dundle said:

I don't want to file with a joint sponsor, but we could do it if we really needed.

I would find a joint sponsor before the interview.....or risk a delay in the visa.

[geowrian 22,335]

What is her source of income (W-2 employee, self-employed, etc.)? What evidence of her income was provided?

[Dundle 3]

It seems like we may have to get a joint sponsor based on the replies here. Not overjoyed about that, but you have to do what you have to do.

 

14 minutes ago, Luckycuds said:

Is she self employed? 

The guideline is only a guideline- not a steadfast number and the COs have discretion when they look at the totality of circumstances. I do agree that 35k should be sufficient (which is why I asked if she is self employed) but if they are telling you she does not see the requirement you should start looking for a joint sponsor ; a much better option than being denied. 

 

I didn't know it was a guideline, but it does seem like she's making more than enough. She's not self-employed, she works for a large logistics company.

 

14 minutes ago, Lucky Cat said:

I would find a joint sponsor before the interview.....or risk a delay in the visa.

This is likely the solution then. Thank you.

 

2 minutes ago, geowrian said:

What is her source of income (W-2 employee, self-employed, etc.)? What evidence of her income was provided?

Provided W-2 and Tax Return for 2019. Forgot to submit pay stub, we also received a second message about that and submitted there. I don't think that should have affected it.

[geowrian 22,335]

Just now, Dundle said:

It seems like we may have to get a joint sponsor based on the replies here. Not overjoyed about that, but you have to do what you have to do.

I would suggest having an I-864 from one just in case it is needed. Only present it if needed.

 

Just now, Dundle said:

I didn't know it was a guideline, but it does seem like she's making more than enough. She's not self-employed, she works for a large logistics company.

Under = no visa can be issued

Above = judgement call based on the totality of the circumstances: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

 

In short, the income level must be at least 125% of the FPL for consideration, but ultimately the requirement is convincing the CO that they will not become a public charge. That includes considering the sponsor(s)'s income/assets, employment history, the applicant's age/education/health/etc, etc.

 

Just now, Dundle said:

Provided W-2 and Tax Return for 2019. Forgot to submit pay stub, we also received a second message about that and submitted there. I don't think that should have affected it.

The lack of pay stubs is a possible cause as well. Current income for a W-2 employee is evidenced via pay stubs. Tax returns show prior income (not that it isn't required....but that's a separate requirement from current income).

[Crazy Cat 39,212]

6 minutes ago, geowrian said:

The lack of pay stubs is a possible cause as well.

That is my thinking, too.........I agree that having joint sponsor documents ready is wise.

[Dundle 3]

10 minutes ago, geowrian said:

I would suggest having an I-864 from one just in case it is needed. Only present it if needed.

 

Under = no visa can be issued

Above = judgement call based on the totality of the circumstances: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

 

In short, the income level must be at least 125% of the FPL for consideration, but ultimately the requirement is convincing the CO that they will not become a public charge. That includes considering the sponsor(s)'s income/assets, employment history, the applicant's age/education/health/etc, etc.

 

The lack of pay stubs is a possible cause as well. Current income for a W-2 employee is evidenced via pay stubs. Tax returns show prior income (not that it isn't required....but that's a separate requirement from current income).

This is super helpful, thank you. When would I present the joint sponsor, if it was needed? Have it ready at the consular meeting, but not submit online? The message we received said we could submit it, not that we needed to. They also suggested it would speed our application up but I'm not sure how additional paperwork would make things go faster, considering how long they've already taken.

 

6 minutes ago, Lucky Cat said:

That is my thinking, too.........I agree that having joint sponsor documents ready is wise.

It's nice to hear some agreement with this. Hopefully it was a simple mistake and it'll be cleared up now that I've submitted the additional documents.

[HKS 169]

I was told by my lawyer to never use the EZ form even if it says you qualify. I'm not sure why, but he said there are some "problems" going on for those that use it even though the instructions say you can. 

[Dundle 3]

1 minute ago, HKS said:

I was told by my lawyer to never use the EZ form even if it says you qualify. I'm not sure why, but he said there are some "problems" going on for those that use it even though the instructions say you can. 

Thanks for sharing this. Feel a bit of relief it wasn't just me!

[Crazy Cat 39,212]

4 minutes ago, Dundle said:

This is super helpful, thank you. When would I present the joint sponsor, if it was needed? Have it ready at the consular meeting, but not submit online? The message we received said we could submit it, not that we needed to.

Sounds like they are going forward with interview scheduling.  If so, I would just take it to the interview.  The Consulate Officer will make the final decision whether you submit it to NVC or not.....

 

NOTE:  We received a checklist (RFE) from NVC in 2017.  We were required to submit additional documents.  It delayed our case by 3 months.

Edited June 15, 2020 by Lucky Cat

[Dundle 3]

12 minutes ago, Lucky Cat said:

Sounds like they are going forward with interview scheduling.  If so, I would just take it to the interview.  The Consulate Officer will make the final decision whether you submit it to NVC or not.....

 

NOTE:  We received a checklist (RFE) from NVC in 2017.  We were required to submit additional documents.  It delayed our case by 3 months.

Wow, I'm so sorry. It feels like this is made as arduous as possible sometimes. My wife just walked into Ireland and got handed her residency.

 

I just wanna be super clear because three months is a long time and I don't want to mess this up; the likely better idea is not to file for the joint sponsor now in-case of a large delay? Because if the CO tells me to file it, then I'll have that delay anyway. But if they don't, then I don't, and there's no risk of delay...

 

Right?

[Crazy Cat 39,212]

1 minute ago, Dundle said:

Because if the CO tells me to file it, then I'll have that delay anyway.

If you have joint sponsor documentation ready at the interview, I don't see why it would delay your case. 

[Dundle 3]

4 minutes ago, Lucky Cat said:

If you have joint sponsor documentation ready at the interview, I don't see why it would delay your case. 

Amazing, thank you.

 

 

Thanks to everyone with advice so far, I feel a lot better than I did an hour ago.