AOS not accepted eventhough we meet requirements

[RGKhela 0]

Hello

 

We got Dq recently. My spouse is sponsoring me. He started working in US 3 months before submitting documents to NVC. We attached employment letter and recent paystubs. By working 3 months he met the minimum income requirement but in tax returns for past 2 years he does not meet the requirement.

 

We thought since he is now making good income is US this would be sufficient but we received following message from NVC:

 

"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 am not sure why this happened. I plan on taking tax return from 2022 to prove that he meets income requirement but I am a bit nervous  about this. Any inputs are most welcome on how we can increase our chances of getting approved.

 

Should I also submit a copy of tax return that my spouse will be submitting? Will this change DQ status or put us back in the queue for interview.

 

Thanks in advance!

[Allaboutwaiting 2,500]

In my opinion, it is better if you find a joint sponsor. 

[Dashinka 23,402]

If your spouse has a copy of their 2022 tax return, you should probably update that, but I agree with @Allaboutwaiting, your spouse should also start looking to line up a joint sponsor.

 

Good Luck!

[Crazy Cat 39,787]

4 minutes ago, RGKhela said:

Hello

 

We got Dq recently. My spouse is sponsoring me. He started working in US 3 months before submitting documents to NVC. We attached employment letter and recent paystubs. By working 3 months he met the minimum income requirement but in tax returns for past 2 years he does not meet the requirement.

 

We thought since he is now making good income is US this would be sufficient but we received following message from NVC:

 

"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 am not sure why this happened. I plan on taking tax return from 2022 to prove that he meets income requirement but I am a bit nervous  about this. Any inputs are most welcome on how we can increase our chances of getting approved.

 

Should I also submit a copy of tax return that my spouse will be submitting? Will this change DQ status or put us back in the queue for interview.

 

Thanks in advance!

Sounds like he is an employee.  Tax reruns don't matter much.  CURRENT annual income is king.  CURRENT annual income is calculated as follows:

Gross income from most recent pay period multiplied times the number of pay periods per 12 months. 

If current annual income is borderline, then I would find a joint sponsor.  If the current annual income is well above the requirement for consideration, then I wouldn't worry about it.  This message you received seems to be very common.

[Boiler 43,804]

My impression is that if a situation is not very clearly aprovable they automatically send out these messages, like it says it is up to the CO to make the call. Not sure they think about it very much.

[RGKhela 0]

To give more details, Spouse's annual income is $150k+  so it is not borderline.  

[Boiler 43,804]

Just now, RGKhela said:

To give more details, Spouse's annual income is $150k+  so it is not borderline.  

And an employee I assume, self employed gets complicated.

 

 

[RGKhela 0]

2 minutes ago, Boiler said:

And an employee I assume, self employed gets complicated.

 

 

Yes that is correct he is a employee.

[Boiler 43,804]

I am going to assume my prior comment stands and some low level employee pressing the just to be safe button.

[Crazy Cat 39,787]

1 hour ago, RGKhela said:

To give more details, Spouse's annual income is $150k+  so it is not borderline.  

Then, don't worry about it.....you're already DQ'd.  

[Mike E 11,730]

1 hour ago, RGKhela said:

To give more details, Spouse's annual income is $150k+  so it is not borderline.  

Bring every pay stub from that $150K job.

 

NVC sending these messages after DQ seems to be the norm. As @Crazy Cat notes, current income is king. 

[pushbrk 12,263]

5 hours ago, RGKhela said:

Hello

 

We got Dq recently. My spouse is sponsoring me. He started working in US 3 months before submitting documents to NVC. We attached employment letter and recent paystubs. By working 3 months he met the minimum income requirement but in tax returns for past 2 years he does not meet the requirement.

 

We thought since he is now making good income is US this would be sufficient but we received following message from NVC:

 

"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 am not sure why this happened. I plan on taking tax return from 2022 to prove that he meets income requirement but I am a bit nervous  about this. Any inputs are most welcome on how we can increase our chances of getting approved.

 

Should I also submit a copy of tax return that my spouse will be submitting? Will this change DQ status or put us back in the queue for interview.

 

Thanks in advance!

It's a stock message sent anytime the most recent tax return doesn't show qualifying total income.  My advice is to ignore the message unless the spouse is coming from India.  Key words in the message are that the Consular Officer will make the decision.  Definitely have the 2022 tax return in hand at interview, and a recent pay stub to show the employment is ongoing.