DQ but may need joint sponsor

[AndreaBird 0]

Dear All,

 

Thank you for your time.  Will you kindly give me a suggestion of what to do?  Apparently, we are DQ but simultaneously we received an email that said we do not meet the minimum requirement and may get a joint sponsor.  It said the decision would be made at the interview.  Our scenario is:  I am the American sponsor.  My Indian husband and I both live together/work overseas.  So, I have an overseas salary that has been tax exempt the last two years based on the physical presence test.  I included my salary amount and last three pay stubs, but it seems that does not meet the requirement - even though the amount I earn is enough. AND we have sufficient assets in the US to qualify us.  I own a house and savings accounts that definitely cover the required amount.

 

-Do I need a joint sponsor even though my assets are more than sufficient?

-Do I need to find that joint sponsor before the interview?

-If so, when do I submit the documents of the joint sponsor?  Do I add them to them to the CEAC website?  Or do I have my husband carry them to the interview?

-Would it help for me to have a lawyer in this case since my assets qualify for sponsorship?

 

Thank you in advance for your help and advice.

 

[arken 4,197]

2 hours ago, AndreaBird said:

I included my salary amount and last three pay stubs, but it seems that does not meet the requirement - even though the amount I earn is enough.

Your current income won't be accepted for i864 because it will be zero once you move to the US unless you can provide evidence that your income will continue even after you move to the US. Even in that case sometimes they may not accept it as it will be hard to justify based on the nature of the work.

 

2 hours ago, AndreaBird said:

Do I need a joint sponsor even though my assets are more than sufficient?

-Do I need to find that joint sponsor before the interview?

-If so, when do I submit the documents of the joint sponsor?  Do I add them to them to the CEAC website?  Or do I have my husband carry them to the interview?

If your liquid value of your acceptable assets is substantially higher than 3X the poverty guidelines, you may not need a joint sponsor.   You can update new i864 with 0 income and only the assets info and evidences into ceac and have your husband bring it to the interview. If it is just marginally above, you will need a joint sponsor.

 

It's bette to have a joint sponsor regardless. If you find a joint sponsor, upload his/her documents into ceac and have your husband bring those docs to the interview as well.

 

Lawyer can't do anything other than just preparing i864 with 0 income and assets only which i would assume you can do by yourself.

 

[KESA 18]

Hi - we had a similar situation happen. We got DQ'ed but received a 'message' from the case reviewer that we did not meet the requirement and that the interviewer would make the final decision. I had been working overseas (I'm the American sponsor) and did not have a W2/1099 for the last fiscal year, I did have a new offer letter from a job in the US that puts me above the threshold as well as enough assets in the US to definitively qualify us; however, not having the W2/1099 still resulted in them giving us that same message:

 

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-86 4p.

 

We haven't had the interview yet (still waiting for it to be scheduled) but our lawyers assured us that a joint sponsor is not necessary in our case and to just organize our financial evidence (bank statements for the last twelve months, pay stubs, etc.) demonstrating that we meet the minimum requirement and to bring those documents to the interview. Again, we haven't had the interview yet so I can't yet confirm anything with certainty - but from the sounds of it, the NVC reviewer looks for a W2/1099 to prove employment in the US that meets the minimum requirement and if that is not available, you'll receive the message letting you know that a joint sponsor may be necessary and the interviewer will make the final decision. 

 

It sounds like your US assets are enough so you should be fine as long as you have all the paperwork demonstrating that your last twelve months average balances are 3x+ the minimum poverty guidelines for your household size. One additional thought: apparently the US immigration officers don't like to count foreign earned income since they don't view it as an income source that will continue when you & your partner are living in the US. So, if it's a situation where it's a remote friendly job and the income stream will continue once you and your husband both live in the US, it would be helpful to get a letter from your employer stating this. If not, you can still bring pay stubs to demonstrate your salary but they will carry less weight with the interviewer, so it will be more important to have paperwork that proves the average balance of all your assets/accounts for the last 12 months has been more than 3x the minimum poverty guideline for your household.  

[Crazy Cat 39,866]

3 hours ago, AndreaBird said:

So, I have an overseas salary that has been tax exempt the last two years based on the physical presence test. 

 As  a US citizen, there is no physical presence test except to determine foreign income exclusion.  You are required to report world-wide income.  Perhaps you meant tax exempt after foreign income exclusion. 

 

Have you filed US taxes for the last 3 years?

 

The Consulate Officer will have complete discretion regarding financial qualification.  If in doubt, the immigrant should carry a joint sponsor I-864 and all supporting documentation to the interview.  Good luck. 

Edited May 12, 2022 by Crazy Cat

[carmel34 3,538]

9 hours ago, AndreaBird said:

AND we have sufficient assets in the US to qualify us.  I own a house and savings accounts that definitely cover the required amount.

Sufficient liquid assets should be enough to satisfy the officer at the interview.  Owning a house in the US may or may not work, since the officer may ask where you intend to live in the US, presumably it would be in the house you own.  The officer will consider the totality of the circumstances; it is a judgment call and is impossible to predict what their decision will be.  If you have cash in a savings account that is 3 or more times the poverty level for the number in your household, that would be good evidence to submit with a new, corrected I-864 and also take it to the visa interview.  If you have significant equity in the home that you own, you would need a recent property appraisal by a licensed appraiser, and any outstanding mortgage information, as evidence of the equity.  See below from the I-864 instructions:

 

Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value. You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, then you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value of an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset.

Edited May 12, 2022 by carmel34

[pushbrk 12,282]

If your notice indicates you "may....joint sponsor" and Consular Officer will make the decision", then you can ignore it completely.  That is, if you are confident your liquid assets are comfortably  over the 3X requirement.

[March2020 3]

On 5/12/2022 at 8:12 PM, KESA said:

Hi - we had a similar situation happen. We got DQ'ed but received a 'message' from the case reviewer that we did not meet the requirement and that the interviewer would make the final decision. I had been working overseas (I'm the American sponsor) and did not have a W2/1099 for the last fiscal year, I did have a new offer letter from a job in the US that puts me above the threshold as well as enough assets in the US to definitively qualify us; however, not having the W2/1099 still resulted in them giving us that same message:

 

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-86 4p.

 

We haven't had the interview yet (still waiting for it to be scheduled) but our lawyers assured us that a joint sponsor is not necessary in our case and to just organize our financial evidence (bank statements for the last twelve months, pay stubs, etc.) demonstrating that we meet the minimum requirement and to bring those documents to the interview. Again, we haven't had the interview yet so I can't yet confirm anything with certainty - but from the sounds of it, the NVC reviewer looks for a W2/1099 to prove employment in the US that meets the minimum requirement and if that is not available, you'll receive the message letting you know that a joint sponsor may be necessary and the interviewer will make the final decision. 

 

It sounds like your US assets are enough so you should be fine as long as you have all the paperwork demonstrating that your last twelve months average balances are 3x+ the minimum poverty guidelines for your household size. One additional thought: apparently the US immigration officers don't like to count foreign earned income since they don't view it as an income source that will continue when you & your partner are living in the US. So, if it's a situation where it's a remote friendly job and the income stream will continue once you and your husband both live in the US, it would be helpful to get a letter from your employer stating this. If not, you can still bring pay stubs to demonstrate your salary but they will carry less weight with the interviewer, so it will be more important to have paperwork that proves the average balance of all your assets/accounts for the last 12 months has been more than 3x the minimum poverty guideline for your household.  

We have the the same situation, just got DQ’d 2 weeks ago,but still receiving  the same review note from CEAC, we do not have ITR transcript too coz my husband’s main income is VA compensation and its not taxable, so we literally printed and will bring all 3 years of bank statements showing them sufficient income. So we’ll just wait and see. 

[Crazy Cat 39,866]

8 minutes ago, March2020 said:

We have the the same situation, just got DQ’d 2 weeks ago,but still receiving  the same review note from CEAC, we do not have ITR transcript too coz my husband’s main income is VA compensation and its not taxable, so we literally printed and will bring all 3 years of bank statements showing them sufficient income. So we’ll just wait and see. 

He could have printed a 1 page VA awards letter which would have been sufficient to prove current income.

Edited May 14, 2022 by Crazy Cat

[Ontarkie 13,980]

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