RFE from NVC :( Please help

[KseniyaG 1]

Hello, 

 

I have been in tears all day. Please help. Our lawyer is saying one thing, but we aren't sure if we can trust her.

 

The brief story is that I didn't file taxes last year because I was living abroad with my husband, and I had a cosponser, but he ended up bailing on me last minute; I returned to the USA as soon as my sponsor bailed and got a job as a preschool teacher over the summer. I submitted an exemption for why I didn't file 2022 taxes and all my pay stubs from my teaching job. Teaching job paid 34k/year

 

This is the message we got from NVC:

 

Quote

The income reported as stated on form I-864, I-864A is insufficient to overcome the public charge grounds of inadmissibility for visa issuance. 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 and https://www.uscis.gov/i-864p. A consular officer will decide if you meet these requirements at the time of the interview. Note: You, as the sponsor, and any other sponsors household members and joint sponsors, must provide updated or additional evidence for the applicant to present at the time of their interview such as: * Other income * Assets * Proof of current employment Note: You submitted documentation to the National Visa Center through the Consular Electronic Application Center CEAC. You can continue to upload documents to CEAC up until the date of your visa interview.

 

The good news is that I just started a nursing job last week with great pay. 

 

Our lawyer advised that I submit two paystubs from my nursing job and an employment verification letter. Again, I just started this nursing job. 

 

My question is....will this work? It is saying above that I need a joint sponsor...but I have no family. I am all alone here with no one else to ask  I don't know what to do

 

I am feeling so depressed because of all this. 

 

Any advice would mean the world to me right now. Thank you 

[Verrou 1,945]

Did u pay file tax for the past 3 years ? 2020-2021 ? I know you mentioned about 2022. 

[KseniyaG 1]

2 minutes ago, Verrou said:

Did u pay file tax for the past 3 years ? 2020-2021 ? I know you mentioned about 2022. 

 Hello, I did and submitted it, but I was below the poverty line because I was a full-time nursing student 😕 I indicated this to them, but they didn't seem to care.

[Crazy Cat 41,192]

1 hour ago, KseniyaG said:

Our lawyer advised that I submit two paystubs from my nursing job and an employment verification letter. Again, I just started this nursing job. 

 

My question is....will this work?

Current income is king.  What you reported on past taxes is not as important.  Attorney is correct.  If your income was insufficient on your initial I-864, then upload a new, updated I-864 with CURRENT pay stubs/employment letter to show current annual income.  

Current annual income is calculated as follows:

Gross income from most recent pay period multiplied times number of pay periods per year (12 months) = Current Annual Income.  

Example: If most recent gross monthly income is $5,000, then current annual income is $60,000 (multiplier is 12).  

If pay periods are every 2 weeks, then the multiplier is 26.

 

Edited August 26, 2023 by Crazy Cat

[KseniyaG 1]

8 minutes ago, Crazy Cat said:

Current income is king.  What you reported on past taxes is not as important.  Attorney is correct.  If your income was insufficient on you initial I-864, then upload a new, updated I-864 with CURRENT pay stubs/employment letter to show current annual income.  

Current annual income is calculated as follows:

Gross income from most recent pay period multiplied times number of pay periods per year (12 months) = Current Annual Income.  

If most recent monthly income is $5,000, the current annual income is $60,000.  

 

Thank you for such a detailed message. It shows in CEAC that have already accepted my previous i864 form online..do you suggest I still submit a new form? Or do you think uploading my recent pay stubs and employment letter will be sufficient?

[Crazy Cat 41,192]

2 minutes ago, KseniyaG said:

Thank you for such a detailed message. It shows in CEAC that have already accepted my previous i864 form online..do you suggest I still submit a new form? Or do you think uploading my recent pay stubs and employment letter will be sufficient?

If you are going upload new documentation, then I would upload an updated I-864 along with accurate supporting documents.  If you wait until the interview to present a new I-864, there is a chance the Consulate Officer will require you to upload it to CEAC then.   But, as the note says, the CO will make the final determination. 

[KseniyaG 1]

8 minutes ago, Crazy Cat said:

If you are going upload new documentation, then I would upload an updated I-864 along with accurate supporting documents.  If you wait until the interview to present a new I-864, there is a chance the Consulate Officer will require you to upload it to CEAC then.   But, as the note says, the CO will make the final determination. 

Okay thank you!

[Cathi 5,696]

I agree with everything @Crazy Cat told you. Good luck and keep us updated, I understand how stressful this process can be at times.