Petitioner does not meet minimum income requirement

[SonnyS 0]

My query is that My father(US citizen  had filed a petition F3 category for me with my husband and a son (I am in Canada) and my brother and sister in India with their families. Since my father is retired and did not have enough income, he asked my sister who lives with my father to be a co-sponsor(household member).  My sister sent her income and assets information through I864A form and my father submitted I864. My sister's employment income + assets(property +cash) is more than sufficient to sponsor my family and my siblings' family as well. We just received 2  messages from NVC  saying all the documents are accepted and  other message says as follows:

 

" Petitioner 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. FINANCIAL SPONSORSHIP RESPONSIBILITIES: Financial sponsors, joint sponsors, and applicants should be aware of responsibilities when signing an I-864 and the consequences for a sponsored immigrant's acceptance of federal means-tested public benefits. For more information visit https://nvc.state.gov/aos."

 

Even though my sister has more than enough in assets + income to sponsor all the intended immigrants, we still don't know why it is not being considered.  Do we have to find another Joint Sponsor in USA and submit another AOS I864 as asked by NVC?  Would someone advice us what to do in this situation? Your kind response would be highly appreciated.

[SusieQQQ 11,584]

The income requirements are a minimum, not a guarantee.
What exactly do you mean by “assets plus income”? You understand that assets need to be five times any shortfall in income and easily to liquidate? what is the total size of the household that needs to be shown with your sister, dad and everyone being sponsored - it’s not clear but sounds like at least 11 people? Do any pending immigrants have health issues or are close to retirement? Many factors to consider. 

Edited August 3, 2020 by SusieQQQ

[SonnyS 0]

21 minutes ago, SusieQQQ said:

The income requirements are a minimum, not a guarantee.
What exactly do you mean by “assets plus income”? You understand that assets need to be five times any shortfall in income and easily to liquidate? what is the total size of the household that needs to be shown with your sister, dad and everyone being sponsored - it’s not clear but sounds like at least 11 people? Do any pending immigrants have health issues or are close to retirement? Many factors to consider. 

Thanks SusieQQQ for your response.  My sister's assets and cash is more than five times of shortfall in income.  The total size of the household altogether (everyone being sponsored including my dad and sister+family) is 15 people.  No one has any health issues.  Should we just find a Joint Sponsor and submit additional I864 form as requested by NVC?  Will it make any difference to supplement the income in case my sister's income is not enough?  I will appreciate your advice in this matter.

[SusieQQQ 11,584]

3 hours ago, SonnyS said:

Thanks SusieQQQ for your response.  My sister's assets and cash is more than five times of shortfall in income.  The total size of the household altogether (everyone being sponsored including my dad and sister+family) is 15 people.  No one has any health issues.  Should we just find a Joint Sponsor and submit additional I864 form as requested by NVC?  Will it make any difference to supplement the income in case my sister's income is not enough?  I will appreciate your advice in this matter.

It’s hard to know what advice to give without knowing the exact problem. You claim your sister has enough to meet the minimum, yet the message from nvc says that’s not the case. So you can find a joint sponsor but how can you figure out how much they need to earn if you say (but nvc don’t) that  your sister already meets the minimum?

 

 

[databit 328]

Is the house your sister lives in being included as "assets"? Or your father's house? These are not considered to be easily-liquidated assets. 

 

And can your sister's income cover the health insurance for all those intended immigramts? 

[geowrian 22,336]

Since assets are being used to fill the income gap, NVC is just passing along the case to the CO to make a decision. The CO always makes the final call, but NVC normally does not do an extensive review of assets and just lets the CO make a judgement call.

 

Is it possible to give a general idea of the current household income level and total value and type of assets being claimed? If it's essentially borderline, it may be a good idea to seek out a joint sponsor for at least some of the visa applicants.

It's hard to say too much on the public charge side of things right now due to the court ruling a few days ago. They don't even have clear guidance yet on what they will actually be using (we can assume it's the 1999 guidance, but that's not confirmed to be what they actually do or not yet).

Edited August 3, 2020 by geowrian