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Posted
1 hour ago, RABBITDANCE said:

We received a case note in the CEAC system that stated, "The income reported as stated on form I-864, I-864A is insufficient to overcome the public charge grounds of inadmissibility for visa issuance," and recommending that a joint sponsor's I-864 be submitted to avoid delays."   Then after that case note was made, the case was forwarded from NVC to the Frankfurt Consulate and we are authorized to schedule an interview.  

As my income exceeds the requirements considerably, we are confused by this note.  I emailed the US Consulate for clarification and was told they cannot clarify this. They simply refered us to the general werbsite on CEAC about income requirements and did not provide an explanation for why I was not qualified, and said the reason they could not is they are not allowed to pre-adjudicate.

I suspect the reason for the note may be that I claim FEIE (Foreign Earned Income Exclusion).  This lowers the AGI (Adjusted Grose Income) figure below the number they are likely requiring.  But the instructions for the affidavit of support say to use AGI and i went with that because I did not want a conflict with the IRS records showing my lowered AGI and wanted to follow the instructions accurately.  There was another place on the form where it asks my annual income so I put that figure there, which would far exceed the financial requirements.  I also provided detailed notes in the supplemental pages explaining how FEIE lowers AGI.  I further provided a year of paystubs showing I make enough, an income verification letter from my employer showing I make enough, and for good measure added a year of brokerage statements showing by assets in one account I would meet the asset test.

Since were are now told to schedule the appointment, I'm seeking guidance on what to do.  Has anyone using FEIE faced this problem and how did you solve it?

I don't want to fail the interview and would like to come prepared but don't know what more they want from me as they won't answer the question of what the issue is. The stated guidance to get a cosponsor that NVC provided prior DQ's the case and forwarding the case to the consulate is absurd as I make many times the required amount of money.

 

It's probably because foreign income cannot be used unless it will continue from the same source when you move back to the US. If it will continue, then you'll just need to provide evidence of that at interview. 

 

Good luck. 

Filed: Other Country: China
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Posted
38 minutes ago, appleblossom said:

 

It's probably because foreign income cannot be used unless it will continue from the same source when you move back to the US. If it will continue, then you'll just need to provide evidence of that at interview. 

 

Good luck. 

Correct.  When the total income number (not AGI even if it's the same number) is insufficient, this notice will go out.  If your liquid assets are enough, then no problem.  Will your income continue from the same source once you return to the USA?  If so, be sure to take evidence of that, like documentation from that employer indicating your job will continue in the USA.

 

You qualify as a sponsor based on income that continues.  The question about current income includes the words "you are using to qualify".  If it's foreign income, you have to show it can be used.

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Filed: Other Country: China
Timeline
Posted

Note expiration dates that are on police reports are irrelevant.  They are accepted up to 2 years from issue date.  PERIOD

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Understanding the big picture is priceless. Anonymous

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Filed: Citizen (apr) Country: Taiwan
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Posted
4 hours ago, RABBITDANCE said:

We are documentally qualified but self-scheduing at the direction of the US Consulate in Frankfurt.

This is not normal.  Normally, NVC schedules immigrant visa interviews.  

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