NVC review, income

[zozomike 9]

Greetings. We (Sri Lankan spouse and I US citizen) just received notice from NVC that all documents were approved, but another notice says I ( petitioner) do not have the income required to sponsor she and 2 children. This is just another layer of difficulty presented, we first applied Fiancée, with a paid consultant and a beautiful presentation only to have the Embassy deny the visa , and refuse to explain, even to my Senator. And fail to return all Mary's originals. This is an exhausting and, painfully long story.

So I flew back, ( 4th time) we married ( 01/03/2020) and filed the I-864 in which I explained that as I have retired since beginning this, ( and lost my 6 figure income) and since my " total income" AGI, was now close to the line, due to deductions, that my current actual income ( documented in the I-864 with the receipts) was actually about double the required, and included the optional everything, with liquid at 400 and holdings about that also. I thought assets could offset total income? I gave them proof of assets. Is there something else to do, or is this just another way they deny these days. 

[JeanneAdil 6,197]

Is part of this income SSA for retirement 

and are you on medicare as that would mean you can not add spouse and kids to your health care plan

Not sure if NVC looks at it this way,  but embassy can and they do for African countries

[angeljolie 183]

I'm not sure I got your issue right, but this is on the I-864 instructions: https://www.uscis.gov/sites/default/files/document/forms/i-864instr-pc.pdf

 

"For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered."

[zozomike 9]

16 minutes ago, angeljolie said:

I'm not sure I got your issue right, but this is on the I-864 instructions: https://www.uscis.gov/sites/default/files/document/forms/i-864instr-pc.pdf

 

"For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered."

Thanks so much that is correct, but my question was related to liquid assets as " stand in" for income. I sent a pdf of investment totals along with the I-864, why do they not consider? Or is there something else I should do?  My actual income ( in retirement) is far over the 27K stipulated for family of 4. But the SS is not counted on 1040s. So Total is low. ( I even proved I have none of the normal expenses, no mtg. no debt, no utilities, ( off grid all solar) but I am sure the clerks are not allowed to make informed decisions. Nevertheless how do I get them to count the liquid assets? Which are about a dozen times the income required? 

[zozomike 9]

1 hour ago, JeanneAdil said:

Is part of this income SSA for retirement 

and are you on medicare as that would mean you can not add spouse and kids to your health care plan

Not sure if NVC looks at it this way,  but embassy can and they do for African countries

YES,  Medicare plus private supplemental. So your point is well made. I plan to purchase private insurance for them. I have no idea what algorithms inform these decisions.  But I thought I read in the past that $4. liquid, = $1 income? Is there some way I can teach arithmetic to them? 

[angeljolie 183]

1 hour ago, zozomike said:

Thanks so much that is correct, but my question was related to liquid assets as " stand in" for income. I sent a pdf of investment totals along with the I-864, why do they not consider? Or is there something else I should do?  My actual income ( in retirement) is far over the 27K stipulated for family of 4. But the SS is not counted on 1040s. So Total is low. ( I even proved I have none of the normal expenses, no mtg. no debt, no utilities, ( off grid all solar) but I am sure the clerks are not allowed to make informed decisions. Nevertheless how do I get them to count the liquid assets? Which are about a dozen times the income required? 

I re-read your first post and you said all documents have been approved. So NVC won't do anything here. They put that note there so you can prepare to explain the situation to the CO at the interview in case it comes up. Ultimately, it's the CO who will decide.  Be ready with all the income evidence you mentioned at the interview. 

[zozomike 9]

Wow, thanks for " talking me down off the ledge" What you say makes sense. We will continue to prepare, and I will also send income docs to Mary for the interview. Sri Lanka has just reopened in a very limited way, but could snap the borders closed again anytime. 

[carmel34 3,531]

12 hours ago, zozomike said:

Nevertheless how do I get them to count the liquid assets? Which are about a dozen times the income required?

If you included the liquid assets on your I-864 with supporting documentation to prove the liquid assets, it should be sufficient for financial sponsorship, depending of course on the specifics and evidence you sent.  The officer at the interview will have everything and will make the final decision on the visa.  Your wife should take copies of everything submitted.  Good luck!

[zozomike 9]

OK, Yes I did include liquid total, plus explanation and documentation of real income vs. the total income shown on transcripts. That was as an additional upload with the I-864.  Since about 1/2 of income is my SS, It does not show on " total income" so I worried. 

I will also send my wife copies for her interview file, just in case. 

You folks are so helpful. Thank you. 

[pushbrk 12,110]

I'll second another member and point out part of the wording of your notice from NVC was that a Consular Officer will decide.  The consular officer will consider the totality of circumstances.  Your NVC notice was triggered by a single factor, not the totality of circumstances.  You are right to relax.