NVC documents are all listed as “Accepted” but there are Case FE Review notes asking me for documents that are impossible for me to have or were already provided

[KeinDramaLlama 0]

All of our documents for my wife's CR-1 are listed as “Accepted” under the status area on our CEAC portal but they sent us two Case FE review note messages stating the following:

 

1) Please submit every 2020 W-2/1099

 

I haven’t worked in the U.S. for almost a decade and as such have no W-2 or 1099 as I work for a totally foreign company in a foreign country. This was clearly demonstrated on my Tax return that I submitted. I can’t send them something I never had, so I’m not sure how I would address this.

 

2) This case does not meet the minimum income requirement to sponsor the intending immigrants. To avoid delays, an additional Affidavit of Support Form I-864 from a joint sponsor may be submitted. For more information visit https://nvc.state.gov/aos. 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.

 

My spouse and I both work outside the U.S. but my spouse has plenty of cash assets that satisfy the Affidavit of support requirement for using assets as proof. We sent in proof in the form of her checking and savings account bank statements that we actually exceed the minimum amount of assets in cash, as well as an official signed letter from her bank stating that it was her bank account and her cash and the corresponding amounts of cash, so I’m also not sure what else they would need to see given it’s marked as “accepted” and it quite clearly meets the requirements and there’s no notes on what is wrong with it.

 

No idea where to go from here unfortunately. I assume all I can do is contact the NVC? Should I consider paying for an immigration attorney at this point?

[Chancy 6,241]

22 minutes ago, KeinDramaLlama said:

I haven’t worked in the U.S. for almost a decade and as such have no W-2 or 1099 as I work for a totally foreign company in a foreign country. This was clearly demonstrated on my Tax return that I submitted. I can’t send them something I never had, so I’m not sure how I would address this.

 

Which did you submit -- your tax returns or your IRS return transcripts?  If you did not submit your transcripts, then that could be the reason you were asked to submit W2/1099.  If you submitted your IRS transcripts but still got the review note, upload a statement saying you do not have W2 as you work for a non-US company and are using assets to qualify anyway.  Label the statement as "W2" with description along the lines of "Statement regarding W2" in CEAC when you upload.

 

No need to do anything about the 2nd review note if you are using sufficient assets to qualify and submitted evidence of such.  As mentioned, it will be up to the CO to make a decision at the time of the interview.

 

[KeinDramaLlama 0]

43 minutes ago, Chancy said:

 

Which did you submit -- your tax returns or your IRS return transcripts?  If you did not submit your transcripts, then that could be the reason you were asked to submit W2/1099.  If you submitted your IRS transcripts but still got the review note, upload a statement saying you do not have W2 as you work for a non-US company and are using assets to qualify anyway.  Label the statement as "W2" with description along the lines of "Statement regarding W2" in CEAC when you upload.

 

No need to do anything about the 2nd review note if you are using sufficient assets to qualify and submitted evidence of such.  As mentioned, it will be up to the CO to make a decision at the time of the interview.

 

Thanks very much for your reply!

 

I only submitted the tax returns as it wasn't stated on the I-864 that a transcript was mandatory to be processed. It seems fairly hard to get a transcript quickly from abroad, but I can get started on it if it is indeed needed.

 

Would you recommend still submitting a statement, or do you think a statement would be accepted in lieu of the transcript, as it's very clear I've been working abroad for a foreign company and all my income stems from that so I think if I pointed it out to them there wouldn't be much room for confusion.

 

I'm actually more worried about the asset FE, as even though we do have them and it's easily demonstrated, we haven't been DQd yet, so my understanding is that we won't be scheduled for an interview unless we address this first, and I'm paranoid about getting bumped back in the line even further if I only address the W2 issue and not this. I've heard that CO's don't like it when you use assets, but we've very clearly proven that we have them and then some, so I'm confused on how to address this without tacking on even more time to get DQ'd. I would love to believe I could just address this at the interview though!

[Chancy 6,241]

41 minutes ago, KeinDramaLlama said:

I only submitted the tax returns as it wasn't stated on the I-864 that a transcript was mandatory to be processed. It seems fairly hard to get a transcript quickly from abroad, but I can get started on it if it is indeed needed.

 

Would you recommend still submitting a statement, or do you think a statement would be accepted in lieu of the transcript, as it's very clear I've been working abroad for a foreign company and all my income stems from that so I think if I pointed it out to them there wouldn't be much room for confusion.

 

You need to submit tax transcripts OR tax returns + W2/1099.  From the I-864 instructions, page 8 of https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf -- "If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income."

 

Now that you've received a review note, I recommend submitting your IRS transcripts as well as the statement that I described in my comment above.  Note that IRS transcripts can be downloaded from the IRS.gov website.  It shouldn't take more than an hour to get your return transcripts.  If you are unable to access your transcripts online, you'll just have to risk it with only your tax returns and the explanation statement.

 

41 minutes ago, KeinDramaLlama said:

I'm actually more worried about the asset FE, as even though we do have them and it's easily demonstrated, we haven't been DQd yet

 

You were not DQ-ed because of the I-864 instructions I quoted above, not because you are using assets.  Unless you want to try the joint sponsor route, you'll have to rely on your assets to qualify.  If you have sufficient documentation of your qualifying assets, no need to worry about the asset review note.  It's the generic note for those using assets instead of income to qualify.  As the note said, it will be up to the CO to make a decision.

 

Edited March 10, 2022 by Chancy
typo

[MrsSmithh 29]

On 3/9/2022 at 5:16 PM, KeinDramaLlama said:

All of our documents for my wife's CR-1 are listed as “Accepted” under the status area on our CEAC portal but they sent us two Case FE review note messages stating the following:

 

1) Please submit every 2020 W-2/1099

 

I haven’t worked in the U.S. for almost a decade and as such have no W-2 or 1099 as I work for a totally foreign company in a foreign country. This was clearly demonstrated on my Tax return that I submitted. I can’t send them something I never had, so I’m not sure how I would address this.

 

2) This case does not meet the minimum income requirement to sponsor the intending immigrants. To avoid delays, an additional Affidavit of Support Form I-864 from a joint sponsor may be submitted. For more information visit https://nvc.state.gov/aos. 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.

 

My spouse and I both work outside the U.S. but my spouse has plenty of cash assets that satisfy the Affidavit of support requirement for using assets as proof. We sent in proof in the form of her checking and savings account bank statements that we actually exceed the minimum amount of assets in cash, as well as an official signed letter from her bank stating that it was her bank account and her cash and the corresponding amounts of cash, so I’m also not sure what else they would need to see given it’s marked as “accepted” and it quite clearly meets the requirements and there’s no notes on what is wrong with it.

 

No idea where to go from here unfortunately. I assume all I can do is contact the NVC? Should I consider paying for an immigration attorney at this point?

How did this work out for you. What did you have to do ? We’re you DQ’d

[Ontarkie 14,280]

~~HIjack post removed~~

[boomerang 0]

hi, my situation is similar. my parents visa application on nvc says "accepted" for everything but there is a "case fe review note" saying to "submit all w2/1099 for 2021". i did not work in 2021 and filed tax jointly with my spouse. does this mean i just need to submit my 2021 tax transcript? because i only submitted tax return previously. also does status accepted mean i dont need to do anything else at this point and just bring missing document to the interview? or need to upload missing document before case continues? thanks and appreciate for any response. 

[tofulollipop 7]

Did any of you guys figure out a solution to this problem? I have the same issue as point 1 of OP