NVC goes by what year of income?

[asapm 0]

Hey guys,

 

I was wondering if the NVC goes by the income of the year you filed or the most current year? For example, I filed in 2020..So they'll go off the I-864 that was filed and accepted in my NVC case in 2020 (which was based off my taxes from 2019)? They won't ask me to file another one that might be more current? I'm wondering because I have had some decrease in my income for this past year (2021) but I meet the minimum requirement for 2019 and 2020. Sorry I hope that makes sense.

[Timona 3,977]

2020 is the current..2021 aren't due till April. So, I'll send 2020

[pushbrk 12,266]

52 minutes ago, asapm said:

Hey guys,

 

I was wondering if the NVC goes by the income of the year you filed or the most current year? For example, I filed in 2020..So they'll go off the I-864 that was filed and accepted in my NVC case in 2020 (which was based off my taxes from 2019)? They won't ask me to file another one that might be more current? I'm wondering because I have had some decrease in my income for this past year (2021) but I meet the minimum requirement for 2019 and 2020. Sorry I hope that makes sense.

First, NVC does not make the final decision on your affidavit of support.  That happens at the Consulate.  For an employed person, "current income" is king and does not come from ANY "tax return".  Tax returns are about the past.  If you made 100k last year but you lost your job yesterday, your current income is ZERO.  Conversely, if you made nothing last year and started a job today for 1k a week, your current income is 52k.  It really is that simple.

 

The tax return section matters and information is required there, but it has nothing to do with "current income".

[asapm 0]

2 minutes ago, pushbrk said:

First, NVC does not make the final decision on your affidavit of support.  That happens at the Consulate.  For an employed person, "current income" is king and does not come from ANY "tax return".  Tax returns are about the past.  If you made 100k last year but you lost your job yesterday, your current income is ZERO.  Conversely, if you made nothing last year and started a job today for 1k a week, your current income is 52k.  It really is that simple.

 

The tax return section matters and information is required there, but it has nothing to do with "current income".

That's a relief, thank you so much. So as long as I can provide proof of my income at my current job now, I am all set?

[pushbrk 12,266]

5 minutes ago, asapm said:

That's a relief, thank you so much. So as long as I can provide proof of my income at my current job now, I am all set?

Probably, but Consular Officers consider the totality of circumstances including everything in the file, not just current income and not just the affidavit of support.  It is ALWAYS a judgment call.  Google "How do Consular Officers make the public charge decision?"  Learn some of the big picture, instead  of just cherry picking convenient questions.  Or "How do Consular Officers evaluate affidavits of support?"

Edited January 27, 2022 by pushbrk

[asapm 0]

7 minutes ago, pushbrk said:

Probably, but Consular Officers consider the totality of circumstances including everything in the file, not just current income and not just the affidavit of support.  It is ALWAYS a judgment call.  Google "How do Consular Officers make the public charge decision?"  Learn some of the big picture, instead  of just cherry picking convenient questions.  Or "How do Consular Officers evaluate affidavits of support?"

Oh I see what you mean, I was under the impression that it was more cut and dry and by the book. Thank you I appreciate your help!

[pushbrk 12,266]

3 minutes ago, asapm said:

Oh I see what you mean, I was under the impression that it was more cut and dry and by the book. Thank you I appreciate your help!

If your income is not sufficient, the denial is cut and dried and by the book.  Approvals are not so cut and dried.  

[asapm 0]

2 minutes ago, pushbrk said:

If your income is not sufficient, the denial is cut and dried and by the book.  Approvals are not so cut and dried.  

Okay so as long as my affidavit of support and my I-864 documents were “approved” on the NVC website, it allows me to get to the point of the interview at the embassy and that’s where they’ll do an actual in depth evaluation of the circumstances. However one document is not able to hold enough power to sway the decision but rather the entire set of circumstances in conjunction will result in the decision. Is this a more accurate depiction of the process? 

[SalishSea 16,974]

51 minutes ago, asapm said:

Okay so as long as my affidavit of support and my I-864 documents were “approved” on the NVC website, it allows me to get to the point of the interview at the embassy and that’s where they’ll do an actual in depth evaluation of the circumstances. However one document is not able to hold enough power to sway the decision but rather the entire set of circumstances in conjunction will result in the decision. Is this a more accurate depiction of the process? 

Yes.  For example, the NVC can suggest that a person will need a joint sponsor, but DQ them anyway, because that call is on the consular officer.

 

The best preparation is to have evidence of current income that is well above the FPL.  If it is borderline or there are other mitigating financial issues, have a joint sponsor lined up if needed.

[aerodnight 76]

On 1/27/2022 at 8:10 AM, Jorgedig said:

Yes.  For example, the NVC can suggest that a person will need a joint sponsor, but DQ them anyway, because that call is on the consular officer.

 

The best preparation is to have evidence of current income that is well above the FPL.  If it is borderline or there are other mitigating financial issues, have a joint sponsor lined up if needed.

NVC rejects I-864 only in case of something missing, like not entered value in one of the fields? If you enter income value with no attached proof or enter domicile country without documents supporting it, they will not reject it but instead give DQ and leave the decision in hands of consular officer?