IR1 Frankfurt – Consulate told us to schedule via usvisascheduling.com, but site not working. What now?

[appleblossom 6,059]

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. 

[pushbrk 14,573]

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.

[pushbrk 14,573]

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

[CRAZY CAT 46,649]

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.  

[RABBITDANCE 2]

17 hours ago, Crazy Cat said:

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

We're not using a typical process.  We are not using DCF, but also not in the USA, so after NVC found it documenatarily qualified they moved to the consulate for consular processing.

[RABBITDANCE 2]

19 hours 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. 

I'm not really clear on this.  I don't earn money from a foreign company working overseas. I used FEIE to exclude income from a US employer earned while working overseas.  Probably everyone working overseas for US Companies uses FEIE. Its' a basic tax benefit offered by the IRS. I'm unclear why I cannot use it?

Edited 11 hours ago by RABBITDANCE

[RABBITDANCE 2]

19 hours ago, pushbrk said:

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.

Thank you for your thoughts on this.  First, I'm not planning on returning immediately to the USA, but maintain my domicile there and eventually intend to return. I work in Germany for a contractor for a US company. My job would likely change if I moved back to the USA.  The US employer needs me to stay in Germany to perform mission critical services for the US government as a contractor under SOFA, and will not have me return to the USA.  My understanding is that's an exception in the law where if serving the government one can continue living and working overseas and one's green card holding spouse as well can, too. The law refers to direct government employees but as a contractor working indirectly for the US government I feel that meets the legal intent of the exception (as does the US army attorney). We would maintain intent to return to the USA, ties to the community there, bank accounts, driver's license there, etc.. meeting all the requirements of intent to return and are not legal residents of Germany but here under SOFA which is temporary in nature.

As far as using assets, I have plenty of assets to qualify, but they are not "liquid" in the sense of cash. I keep then in ETFs or treasuries for example.  Do I need to convert my portfolio to liquid cash just for the interview?  I do not want to use the asset approach because the evidence for that seems excessively difficult, like getting an audit on the many properties I own for example just to prove they meet the requirement is onerous and that requires doing a different form.

My income clearly meets the requirements according to the employer letter, the paystubs, etc.  Can I just explain to the officer how FEIE affects AGI (as I already did in the form's commments section) and bring a write up that explains how the calculataions in my taxes to prove it's just a credit that's lowering the AGI artificially?  

Bottom line, do I just show up at the interview and try to explain all this, and they can tell me what else they need at that time, or if not what do you advise  given our situation?





 

Edited 11 hours ago by RABBITDANCE

[Boiler 49,020]

You applied for a family reunification visa, when will you be returning to the US?

 

Assets can theoretically be used but they seem to prefer income which of course will be what you will earn when you move back.

[appleblossom 6,059]

1 hour ago, RABBITDANCE said:

I'm not really clear on this.  I don't earn money from a foreign company working overseas. I used FEIE to exclude income from a US employer earned while working overseas.  Probably everyone working overseas for US Companies uses FEIE. It’s a basic tax benefit offered by the IRS. I'm unclear why I cannot use it?

I know exactly what it is, I’ve claimed it myself (for a British company salary - it’s for money earned from any foreign employer, not just a US company). Most USC’s living overseas and petitioning a spouse will claim it too. 
 

But it’s not relevant unless the income will continue from the same source when you return to the US. For example, somebody that will be resigning from a job to move to the US can’t use that income to qualify. It’s still not clear to me from your last response if your job/income source will be continuing once you move back? If it will then that’s fine and you just need to take evidence of that to the interview. If it won’t, you’ll need assets or a joint sponsor. 

Edited 10 hours ago by appleblossom

[appleblossom 6,059]

1 hour ago, RABBITDANCE said:

We're not using a typical process.  We are not using DCF, but also not in the USA, so after NVC found it documenatarily qualified they moved to the consulate for consular processing.

That IS the typical process, it’s what thousands all over the world do each week. What’s not typical is you being asked to schedule your own interview and that’s what we’re trying to help you with. 

[appleblossom 6,059]

1 hour ago, RABBITDANCE said:

First, I'm not planning on returning immediately to the USA, but maintain my domicile there and eventually intend to return.

How long is ‘eventually’? 
 

As re-entry permit may be an easier route if you want your spouse to keep their LPR status, rather than trying to prove a rare exemption to the requirements, particularly if you don’t work directly for the government. 
 

Alternatively, just pause things now and resume when you’re ready to move. 

Edited 10 hours ago by appleblossom

[RABBITDANCE 2]

1 hour ago, appleblossom said:

How long is ‘eventually’? 
 

As re-entry permit may be an easier route if you want your spouse to keep their LPR status, rather than trying to prove a rare exemption to the requirements, particularly if you don’t work directly for the government. 
 

Alternatively, just pause things now and resume when you’re ready to move. 

Thank you. I've considered re-entry permits.  As I understand it from other contractors with green card holding spouses working overseas, re-entry permits are not authorized or available for this situation.  It doesn't meet the  criteria for those and they won't allow them for this. 

The exception we are using is the same legal exception for government employees directly working for the government overseas and I plan to work for many years overseas with my green card living with me while I fall under this exception, arguably.  This is different from just living oversease without government orders to do so, in which case the exception would definitely not apply.  It might be challenged by an officer, but which is a serious risk, but legally the attorney things we are on firm legal ground to work overseas under orders for many years.  The only difference is we're not directly working for the government, but we are under government orders to be here as contractors, so its a legal question there that comes down to interpretation of the law.

 

We cannot pause until ready to move, as we're not planning to move to the USA any time soon. We are intending to return when my overseas career and government orders to work overseas are no longer a factor.





 

1 hour ago, appleblossom said:

That IS the typical process, it’s what thousands all over the world do each week. What’s not typical is you being asked to schedule your own interview and that’s what we’re trying to help you with. 

Thanks for clarifying. They may be making an error, but that's what they are telling us to do, so not sure what I can do about it.

[RABBITDANCE 2]

2 hours ago, Boiler said:

You applied for a family reunification visa, when will you be returning to the US?

 

Assets can theoretically be used but they seem to prefer income which of course will be what you will earn when you move back.

We're not applying for a family reunification visa. It's an immigration visa for my wife (green card).

[RABBITDANCE 2]

1 hour ago, appleblossom said:

I know exactly what it is, I’ve claimed it myself (for a British company salary - it’s for money earned from any foreign employer, not just a US company). Most USC’s living overseas and petitioning a spouse will claim it too. 
 

But it’s not relevant unless the income will continue from the same source when you return to the US. For example, somebody that will be resigning from a job to move to the US can’t use that income to qualify. It’s still not clear to me from your last response if your job/income source will be continuing once you move back? If it will then that’s fine and you just need to take evidence of that to the interview. If it won’t, you’ll need assets or a joint sponsor. 

I see your point.  This job will not continue when I move back to the USA. Since I would qualify on assets perhaps I should then focus on preparing the forms for that and uploading that prior to the interview. Or should I have the interview first and ask what we should do?

Edited 8 hours ago by RABBITDANCE

[Boiler 49,020]

I R is a family reunification visa so you can both live in the US.

 

Unclear what the plan is why are you applying as you do not seem to plan to move.