Documentarily Qualified, but got a "This case does not meet the minimum income requirement" message despite liquid assets

[Andy_2 2]

Hi everyone. I am sponsoring my wife's green card, and we just received a message from the NVC that we are "Documentarily Qualified" and are queued for an interview. However, we also received this 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-864p."

 

I assume they mean that my Adjusted Gross Income (AGI) didn't meet the income criteria because I use the foreign earned income exclusion (FEIE) for my taxes. However, I submitted proof of my income before FEIE (company bank statements, etc.), which is well above the income requirement. Plus, I have plenty of liquid assets in the US, which I included in the I-864 form. Is this something I need to be concerned about?

 

I really appreciate any help you can provide.

Edited January 5, 2023 by Andy_76
clarification

[Redro 4,602]

4 hours ago, Andy_76 said:

Hi everyone. I am sponsoring my wife's green card, and we just received a message from the NVC that we are "Documentarily Qualified" and are queued for an interview. However, we also received this 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-864p."

 

I assume they mean that my Adjusted Gross Income (AGI) didn't meet the income criteria because I use the foreign earned income exclusion (FEIE) for my taxes. However, I submitted proof of my income before FEIE (company bank statements, etc.), which is well above the income requirement. Plus, I have plenty of liquid assets in the US, which I included in the I-864 form. Is this something I need to be concerned about?

 

I really appreciate any help you can provide.

You’ll be scheduled for interview… at interview your wife should give the CO updated financial records showing you have sufficient assets. Depending on the embassy the CO will either accept the assets or request you obtain a joint sponsor. 
 

depending on how confident you feel either 1.) upload a joint sponsor to CEAC before interview 2.) Take joint sponsor paperwork to interview AND DONT SUBMIT unless requested or 3.) Take updated financial information to interview.

 

We were in the same boat and went with option 3 because I was aware our embassy would accept savings..

ETA Are you in the US now or another country? Domicile could also be an issue at interview if you don’t have sufficient proof of returning to the US

Edited January 5, 2023 by ROK2USA

[Andy_2 2]

7 hours ago, ROK2USA said:

You’ll be scheduled for interview… at interview your wife should give the CO updated financial records showing you have sufficient assets. Depending on the embassy the CO will either accept the assets or request you obtain a joint sponsor. 
 

depending on how confident you feel either 1.) upload a joint sponsor to CEAC before interview 2.) Take joint sponsor paperwork to interview AND DONT SUBMIT unless requested or 3.) Take updated financial information to interview.

 

We were in the same boat and went with option 3 because I was aware our embassy would accept savings..

ETA Are you in the US now or another country? Domicile could also be an issue at interview if you don’t have sufficient proof of returning to the US

Thanks for the reply ROK2USA.

 

I am in Ho Chi Minh City, Vietnam. Anyone know if the consulate here accept cash savings, stocks, and bonds?

 

I also have to go with 3) since I don't have anyone that can be a joint sponsor. I will bring my complete 2022 income to the interview with a letter saying I won't use FEIE for my 2022 taxes, which will significantly increase my AGI.

 

Good point about the domicile. I submitted a lot of proof with my paperwork but I can bring more to the interview.

 

Thanks!

Andy

[pushbrk 12,247]

47 minutes ago, Andy_76 said:

Thanks for the reply ROK2USA.

 

I am in Ho Chi Minh City, Vietnam. Anyone know if the consulate here accept cash savings, stocks, and bonds?

 

I also have to go with 3) since I don't have anyone that can be a joint sponsor. I will bring my complete 2022 income to the interview with a letter saying I won't use FEIE for my 2022 taxes, which will significantly increase my AGI.

 

Good point about the domicile. I submitted a lot of proof with my paperwork but I can bring more to the interview.

 

Thanks!

Andy

Yes, all Consulates (except sometimes Mumbai) accept liquid assets, but they must be well over 3x the income requirement to qualify.  You would have gotten the notice you got even if you had millions in liquid assets, or even a new six figure job in the USA.  If you're confident you qualify, ignore the message.

[Andy_2 2]

1 minute ago, pushbrk said:

Yes, all Consulates (except sometimes Mumbai) accept liquid assets, but they must be well over 3x the income requirement to qualify.  You would have gotten the notice you got even if you had millions in liquid assets, or even a new six figure job in the USA.  If you're confident you qualify, ignore the message.

Thank you! Yeah, my liquid assets are well over 3x the income requirements. I feel better now

[iwannaplay54 985]

15 hours ago, Andy_76 said:

Hi everyone. I am sponsoring my wife's green card, and we just received a message from the NVC that we are "Documentarily Qualified" and are queued for an interview. However, we also received this 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-864p."

 

I assume they mean that my Adjusted Gross Income (AGI) didn't meet the income criteria because I use the foreign earned income exclusion (FEIE) for my taxes. However, I submitted proof of my income before FEIE (company bank statements, etc.), which is well above the income requirement. Plus, I have plenty of liquid assets in the US, which I included in the I-864 form. Is this something I need to be concerned about?

 

I really appreciate any help you can provide.

Unless you are working for a US company and that income will continue your foreign earned income is (zero) for immigration purposes.  It is completely discounted.

They always do that notice on an asset-only case.  It’s a flag for the CO to check your bonafides.

Edited January 6, 2023 by iwannaplay54

[iwannaplay54 985]

3 hours ago, Andy_76 said:

 a letter saying I won't use FEIE for my 2022 taxes, which will significantly increase my AGI.

 

Good point about the domicile. I submitted a lot of proof with my paperwork but I can bring more to the interview

 

Thanks!

Andy

Mistake up there.  File your taxes like you always have because you can make a million over the exclusion and it’s still ZERO income for immigration purposes.

You attending the interview?  They grill the USC on “intent to domicile” so prep up.

Edited January 6, 2023 by iwannaplay54

[Andy_2 2]

5 minutes ago, iwannaplay54 said:

Mistake up there.  File your taxes like you always have because you can make a million over the exclusion and it’s still ZERO income for immigration purposes.

You attending the interview?  They grill the USC on “intent to domicile” so prep up.

Got it. But I assume it's wise to bring my updated 2022 business income (I only submitted part of it last year) since my business income will continue even after I move to the US.

Yeah, I will bring more proof of my intent to domicile, like the rental contract, etc. I already submitted my voting records and US bank statements.

[Redro 4,602]

12 minutes ago, Andy_2 said:

Got it. But I assume it's wise to bring my updated 2022 business income (I only submitted part of it last year) since my business income will continue even after I move to the US.

Yeah, I will bring more proof of my intent to domicile, like the rental contract, etc. I already submitted my voting records and US bank statements.

RENTAL CONTRACT is the most important thing.

They asked my husband "when are you returning to the US?" When he starting answering, they wanted proof he had made plans to return. 

Your voting records and bank statements are helpful for NVC stage but at the consulate they want to see proof YOU the USC have a firm plan to move back. As you know, it is easy to vote from abroad AND it is easy to maintain a US bank account from another country. They want to see proof you've made plans to move back and move back SOON. 

[Andy_2 2]

1 minute ago, ROK2USA said:

RENTAL CONTRACT is the most important thing.

They asked my husband "when are you returning to the US?" When he starting answering, they wanted proof he had made plans to return. 

Your voting records and bank statements are helpful for NVC stage but at the consulate they want to see proof YOU the USC have a firm plan to move back. As you know, it is easy to vote from abroad AND it is easy to maintain a US bank account from another country. They want to see proof you've made plans to move back and move back SOON. 

Got it, thank you!

[iwannaplay54 985]

2 hours ago, Andy_2 said:

Got it. But I assume it's wise to bring my updated 2022 business income (I only submitted part of it last year) since my business income will continue even after I move to the US.

Yeah, I will bring more proof of my intent to domicile, like the rental contract, etc. I already submitted my voting records and US bank statements.

We flipped in and out on assets twice.  You’ll be fine.

[DK999 14]

On 1/6/2023 at 8:24 AM, ROK2USA said:

RENTAL CONTRACT is the most important thing.

They asked my husband "when are you returning to the US?" When he starting answering, they wanted proof he had made plans to return. 

Your voting records and bank statements are helpful for NVC stage but at the consulate they want to see proof YOU the USC have a firm plan to move back. As you know, it is easy to vote from abroad AND it is easy to maintain a US bank account from another country. They want to see proof you've made plans to move back and move back SOON. 

How do you get a rental contract while living in another country? I'm sure a significant number of couples are living abroad and will first stay with relatives. So what do you suggest in that case?

[Redro 4,602]

3 hours ago, DK999 said:

How do you get a rental contract while living in another country? I'm sure a significant number of couples are living abroad and will first stay with relatives. So what do you suggest in that case?

Letter from relative inviting you to stay with them with proof they own/ live in the home (mortgage, utilities in their name etc). 
you shouldn’t hijack another poster’s question though. This poster has a rental contract and I’m advising them this is great evidence for their case.