i864 response: "Does not meet income requirement to sponsor" (but I do)

[Alex Prijn 29]

Hi,

I am married to an American citizen and have been for 4 years. During this time we have been living in the Netherlands. Due to my father-in-law being ill, we have decided to move from the Netherlands to the US.
We have started the process by filing the I-130 petition. Looking ahead to the affidavit of support, my wife will leave for the US before I will, so I don't expect a problem with domicile. However she can not keep the job she currently has in The Netherlands, as such, she alone does not meet the poverty line requirements. I, on the other hand, will keep my current job. I am a consultant in the IT business and it just so happens my company actually needs an US based consultant, so that all lines up pretty nicely. I'm just wondering, how do I prove my income will continue from the same source after moving? Is this simply a notarized letter from my boss stating that he will continue my employment?  

[PaulaCJohnny 712]

You will need a co-sponsor. You can't sponsor yourself.

 

This is what a sponsor need:

• Be U.S. citizen or national or a permanent resident
• Be at least 18 years of age
• Be domiciled (live) in the United States
• Meet all of the financial requirements of a sponsor pursuant to INA 213A

[Alex Prijn 29]

13 minutes ago, Paula&Johnny said:

You will need a co-sponsor. You can't sponsor yourself.

 

This is what a sponsor need:

• Be U.S. citizen or national or a permanent resident
• Be at least 18 years of age
• Be domiciled (live) in the United States
• Meet all of the financial requirements of a sponsor pursuant to INA 213A

I know this not to be true, I would not have asked the question otherwise.

 

Quote

What if I Cannot Meet the Income Requirements?

If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following:

1. Income from any relatives or dependents living in your household or dependents listed on your most recent Federal income tax return who signed Form I-864A, Contract Between Sponsor and Household Member;

2. Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident;

This information comes from the USCIS, and bullet 2 clearly states that I can use my income. It just doesn't tell me how to prove it will continue from the same source, hence my question as I was hoping someone here knows. Technically my wife is still the sponsor, she can just use my income to meet the requirement as I am her spouse and my income will continue from the same source.

[Villanelle 4,121]

9 hours ago, Alex Prijn said:

 . I'm just wondering, how do I prove my income will continue from the same source after moving? Is this simply a notarized letter from my boss stating that he will continue my employment?  

Yes. It does not necessarily need to be notarized. But it should be on company letterhead stating you are going to be relocated to the US branch, job title, and pay rate, and that this is a permanent change. 

[Alex Prijn 29]

Just posting here to confirm, in case more people are looking for answers.

We filed an I-864 with my wife's AGI being 0, and that person 1, which is included in the household size and is also the beneficiary, was making an x amount annually.

We also filed a letter from my employer. Here's the format we used:

Quote

To whom it may concern:

 

Please accept this letter as confirmation that <person> has been employed with <company> since <start date employement>. Currently, <person> holds the title of <job title> with our company. Once he has moved to the US he will earn a salary of $ <salary in dollars> per year and works a schedule of forty (40) hours per week. The employment of <person> will continue at our US branch, <US branch company name>, following his visa approval.

 

If you have any questions or require additional information, please contact me at <hr person email> or <hr person phone>

 

Now it's important to know, that the NVC will do absolutely nothing with this letter. The NVC at the time of DQ'd issued a warning that the sponsor did not meet the financial qualifications. Because they only review the Sponsor's AGI and ignore every other piece of information. But this does not prevent the NVC from forwarding the case to the consulate/embassy. The NVC doesn't make the decision on whether you get your visa, just whether all the required information is there.

 

At the consulate interview, I first talked to someone that took in all my documents, and he didn't want to take the letter initially, saying I'd need another sponsor. After persisting he took the letter in, and when I had my actual interview with the consular officer, it never was a piece of doubt. "I see you will basically continue your job in the US? Excellent, we can count your income." I wasn't even put in AP or anything, as I half expected them wanting to contact the HR person to verify, was approved on the spot and received my visa 4 days later.

So TL;DR, as long as you keep the job you hold in your country of origin after moving, you can in fact sort of sponsor yourself. Though officially my wife is listed as my sponsor.

[Madrismo 5]

@Alex Prijn This is very helpful.  My wife and I are in the process of completing the I864.  I'm the intending immigrant, and we are considering using my income, as my employer has agreed for me to continue working for them once I move to the US, and will transfer me to their branch over there.  I have obtained a letter from my employer stating my current annual income, position etc and the fact that my employment will continue within the same group.  Was there anything else you needed or recommend to submit?  I have also obtained 6 months worth of pay stubs and a letter confirming my salary for the past 3 years. 

 

As a back up we do have assets that we can use, but I wanted to try the intending immigrant income route first.

 

Thank you.

[Molly and Pelayo 0]

I am the petitioner and sponsor of my Spanish husband. I received a message titled "Case FE Review Note" in our CEAC account stating: "This case does not meet the minimum income requirement to sponsor the intending immigrant. 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. from NVC."

 

In my sponsorship application, I attached supporting documents where I explain and prove that my income is high enough. (But it's all foreign earned income from self employment, meaning my adjusted gross income is something like $200.) I'm unsure how to proceed as I have a high enough income to support my husband in our move to the US and I've detailed that in my supporting documents. I don't understand why it isn't considered sufficient.

My questions are:
1) Is there any additional supporting documentation I can bring to the interview appointment to prevent requiring a joint sponsor?

2) Do I absolutely need a joint sponsor in my case?

3) Is there a way to submit additional documentation to prove that my income is high enough?

 

Thank you!

[Chancy 6,233]

37 minutes ago, Molly and Pelayo said:

it's all foreign earned income from self employment

 

Will your foreign-earned income continue from the same source after you move to the US?  If not, your qualifying income should have been listed as $0 in the I-864.  But, as the note stated, it's up to the CO to decide at the time of the interview.  Did you get a CEAC message that says the case is "Documentarily Qualified"?

 

Edited November 23, 2022 by Chancy
clarification

[Jordanian Bride 268]

You will need a joint sponsor unless you take up a job in the US before his interview. Did you get an email saying you are documentarily qualified? I'm guessing not.

 

It is irrelevant how high your income is because it won't continue once you move to the US with your husband, so it is not taken into consideration. 

[Letspaintcookies 2,235]

1 hour ago, Jordanian Bride said:

You will need a joint sponsor unless you take up a job in the US before his interview. Did you get an email saying you are documentarily qualified? I'm guessing not.

 

It is irrelevant how high your income is because it won't continue once you move to the US with your husband, so it is not taken into consideration. 

It's self employment so it might very well continue and gradually shift over to the US.

[Jordanian Bride 268]

3 minutes ago, Letspaintcookies said:

It's self employment so it might very well continue and gradually shift over to the US.

The NVC/CO look at present facts, not potential.

Edited November 23, 2022 by Jordanian Bride

[Letspaintcookies 2,235]

20 minutes ago, Jordanian Bride said:

The NVC/CO look at present facts, not potential.

Even if it goes on outside of the US that's perfectly fine. The important part is that it goes on.

Edited November 23, 2022 by Letspaintcookies

[Jordanian Bride 268]

5 minutes ago, Letspaintcookies said:

Even if it goes on outside of the US that's perfectly fine. The important part is that it goes on.

I haven’t considered that. Are you sure?
Then the objective would be to convince them that it will continue when the petitioner moves back to the US.

[Letspaintcookies 2,235]

3 minutes ago, Jordanian Bride said:

I haven’t considered that. Are you sure?
Then the objective would be to convince them that it will continue when the petitioner moves back to the US.

Exactly and that's where NVC just sends out the 'not good enough' message because they don't really look at it. The CO will at the time of the interview.

[SalishSea 16,945]

10 minutes ago, Letspaintcookies said:

Exactly and that's where NVC just sends out the 'not good enough' message because they don't really look at it. The CO will at the time of the interview.

Either way, a good practice would be to have a joint sponsor lined up, in case it is not accepted.