vincentlina

10 hours ago, JojoandTomas said:

They are very slowly processing cases but honestly they are still pretty behind. There is a WhatsApp group of F2A applicants (Spanish only) who are also awaiting interviews. That might be more useful for you if your interested? They have a more accurate account of what your timeline might look like since they are in the same boat

Thank you very much for your quick reply. Can you please provide me with the WhatsApp group? I would like to join and get a better understanding of what's going on since this forum doesn't specialized for F2A group.

On 2/23/2022 at 9:24 AM, JojoandTomas said:

Hello!

Last I heard they are working on DQ cases from July 2021

Hello JojoandTomas

Do you know if the DQ embassy is processing F2A cases? I was DQ since Feb 21, but continues to receive those generic case status update emails about being DQ and awaiting appointments. If they are processing July DQs, it must mean they continues to ignore DQs cases in the F2A category?

On 8/13/2021 at 6:54 AM, Chancy said:

 

FX would be F2A cases that are exempt from country limitations.  Most F2A are in this group, so you see very few that are listed as "F2A", which are subject to country limitations.

 

Hi, my wife's IV category is F21 (subject to country limit), foreign state of chargeability is Dominican Republic, do you think that the FX categories they are and have been processing excludes her visa class?

If they do, do you have any idea when embassies would start processing F2A (F21 with subject to country limitation)?

On 6/18/2021 at 10:29 AM, GN&PM said:

If they already responded, when they did it? To get an estimate on waiting time for my response please.

Any Update on the status of your expedite? Did NVC already approve your request?  How long did they took to give you a response after your "We are reviewing your request" letter?

5 hours ago, MissMikaJesus said:

You will have to refile and the 2017 you have to have a house hold member or a joint sponsor  all 3 years need to reflect  the guidelines. 

Wow. There is no way I can accommodate having my 2017 and 2018  tax years reflect the 125% PG. It is frustrating that they are using those prior years when they make an emphasis for your "current" tax year. I'm flat out not going to find a joint sponsor, so my only recourse would be to submit bank statements showing I have a healthy savings and submit documentation of foreign property/assets I currently own. If these additional documents doesn't work, then it doesn't. I have no other recourse. Please note I also did not include my Schedules (C, etc.) in my 2018 &  2019 tax transcripts, I thought once you send in tax transcripts that was all you needed to provide. Perhaps, this is what triggered the "provide proof of employment", in addition, to not providing a complete picture of my income, hence, it is just as if I have not provided any transcripts at all (proof of income)? 

15 minutes ago, JeanneAdil said:

They look at 3 years in his case to establish consistency as he is claiming self employed 

previous year he claimed  (9,575 and now 2019 42,032)

In these financially difficult times a self employed person can loose business easy and income can reverse

he offers to redo his 2019 taxes to bring AIG up? bad idea/ you can't change income documents just to meet standards/ not only for immigration purposes but probably would spark an IRS audit

He does need to go back and file the 2018 correctly and pay back taxes he will owe but it will not do much to help immigration at this point

 

at this point USCIS is saying not enough income so he needs a joint sponsor (one with consistent income)

Hi JeanneAdill, when I filed my 2017 taxes, I had just relocated to the US in October 2017 and was finishing my masters at Boston University, so my level of income was based on consultation work for October to December 2017 -- 3 months of income.

In refiling my 2018 taxes to correct the inaccuracy of allocating my profit/loss to wages (hence my AGI would be much higher for my 2018 taxes) and then resubmit that...you're saying they would not look at that? That would not have any effects or bearing on my 3 year average salary? 

Do you think if I submit evidence of my bank account statements/balance as well as submitting foreign property assets fully cleared and title in my name would not help provide a better picture of my financial stability? Thanks.

5 minutes ago, JFH said:

We have seen it here before that even if the person is over the pre-set level, it is still rejected. That’s why I asked which state. I think they look at that and see if the income could adequately support the number of people based on average cost of living in that state. Here is western Washington $41,000 would be very difficult to stretch to 5 people. Presumably the wife will be looking for work when she arrives so that will help. 
 

Looks like the OP has a good head for business if he can turn $320 in goods into $74,000 in sales with no refunds or returns. 

I have very little COG because my business is entirely that of IT consultancy (programming, web development, remote VMWare, Exchange support, etc.). COGs are simply small software utilities and other minor purchases I make in support of the software or support services I provide.

This why I am puzzled they do not take income trajectory into consideration giving that I've only relocated to the US in 2017, and my income has increased steadily year over year.

9 minutes ago, debbiedoo said:

Don't forget cost of living ( I am assuming) is significantly cheaper over there than here. Utilities, food, clothing, entertainment, insurance.... all that adds up fast.

Yes, indeed it does. After all, I've been supporting a family of 5, split between the US and foreign. So the costs can add up pretty quickly. Still, with that said, we've been managing pretty well. Its the main reason I moved from Massachusetts to Maryland because the costs of living in Massachusetts is highly inflated mainly because of all the foreign "rich" kids and the expensive colleges (and housing) they are funding. 

8 minutes ago, debbiedoo said:

I cant help but I don't know how you will support 5 people on that when we make almost twice that and sometimes things are tight for a family of 3. And we have no mortgage, our house is paid for 100%

 

Get a co sponsor lined up.

 

And maybe a second job.

 

 

Before the pandemic, I've been supporting my entire family both in the US and abroad pretty well. Now with the pandemic, depending on how things go, and if my family do eventually make it over, I may simply liquify one of my foreign property into cash as an additional cushion should that become necessary. 

1 minute ago, carmel34 said:

If all the information from your 1040 and all schedules and forms such as Schedule C and Schedule 1 was included on the IRS Tax Transcript that you uploaded, you should be fine.  

 

Regarding assets, from the I-864 instructions:

 

Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the
owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis
for the owner’s claim of its net cash value.

 

So if you use liquid foreign property assets, they will want documentation including a detailed description of the assets, proof of ownership (deed, title, statements, etc.), appraisal of cash value if sold, net value including any bank mortgage or lien, explanation of foreign currency exchange rate, value in US dollars, etc.  The more supporting documentation you submit the better, as claims about assets can be overstated or even fake.  They are likely to scrutinize foreign asset claims even more as well.

 

Good luck!

Thank you very much. My foreign assets (property) are clear and free of lien, loans or any other debt or liability. The property value is also reflected in US$ as it is the sole currency used. I can also submit and provide evidence that I own the deed and the property is registered in my name solely with its appraisal's value reflected of it's current market value by a licensed property surveyor.

14 minutes ago, carmel34 said:

Read the I-864 instructions very carefully.  "Income" for the most recent tax year (2019) is "Total Income," line 7b on the 1040, not adjusted gross income, so on the example above, 44,846.  Also  you need to submit Schedule C and Schedule 1 plus all other forms and pages of the 1040, did you upload all of these forms for 2019?  Your current income, since self-employed, will be an estimate so they rely most heavily on the 2019 tax return and schedules.  Some have been successful with submitting evidence of current gross receipts, contracts, income statements, etc. for the current year as evidence of current income for self-employed.  Re-filing for previous years with the IRS is your call, make sure it is correct, maybe rely on your accountant's advice and expertise.  Good luck!

Thanks for your advice. And unfortunately, I did not file my Schedules, I thought if you're submitting your Tax Transcripts, that is all you need. My mistake. I'll get all this corrected before my next schedule review, which seems to be approximately 60-75+ days. Going to also see if I can include my foreign property assets as evidence of financial stability too.

4 minutes ago, Paula&Johnny said:

@vicentlina sorry for your situation but a joint sponsor is really necessary in this case.

You need to think that you will be sponsoring 2 kids and 1 adult that you don't know when we will can start to work because all of this crazy time and because of the kids.

A self employee have to prove a lot of things even here in the US, per example, for a House loan.

Do you have some money in our reserves? Did you sent this too?

I know is hard find a co-sponsor but if necessary to bring your family closer, well, is what you need to do. 

I hope you can figure it out this situation soon!

Good luck 

Thank you. I have free and clear foreign assets (property) that I will do the necessary paperwork to show their value and fill out the necessary forms to have that as additional evidence, in addition to trying to find a co-sponsor (just in case I do not find one).

7 minutes ago, carmel34 said:

In situations like yours, most VJ members will recommend that you try to find a joint sponsor, get all their documents and their affidavit of support as suggested by NVC, then take that to the visa interview as a backup in case the visa is denied for public charge concerns.  If you move forward without a joint sponsor ready to go, there is a risk that the visa process may take longer if the visa is refused, and maybe it will be approved.  No one knows what the officer at the visa interview will decide, as it is a judgment call based on the "totality of the circumstances," the 125% of poverty is only a guideline, not a hard and fast rule, they can deny the visa even if your income is above the minimum and we have seen this happen many times here on VJ.  Current income is most important, but in your case that is more difficult to prove since you're self-employed and your 2020 tax return will not be filed until early 2021.  So they will look at everything submitted, your previous earnings, age, cost of living where you are in Maryland, number and ages of family members immigrating, etc. to make a decision on the public charge rule.  Good luck!

Thank you for your reply. I have one last question, what is the figure they are using to determine your income level, the Adjusted Gross Income from your 1040 or something else, such as your "Taxable income", see image below.

Lastly, someone else pointed to the fact that I can as an option, choose to adjust/refile my 2019 taxes so that my income is much higher than the 125% threshold? What do you think about this option?

1 hour ago, Hilde said:

I got the same message as you did. And just like you, I meet the minimum requirement. But different from you, I am living abroad with my husband - so it will be difficult to compare both of our cases...

However, here is what NVC told me when I called them twice about it: foreign income is frowned upon by officers. If there is any way you can transfer the foreign income to the US, it will be more substantial evidence.

Both times when I called NVC the officers highly recommended we get a joint-sponsor in order to avoid anymore delays. Ultimately it will be the interviewer´s discretion if he/she thinks you meet the minimal income requirements. You can avoid delays and try for a joint sponsor, and have that ready, in case it comes down to that.

I wish you the best of luck!

You can also call NVC to ask about the Photographs situation.

 

Hi thanks for your reply. I'm not sure what you mean by "foreign income", I file my taxes as "self-employed" for IT consultation work within the US. Are you referring to the fact that I'm filing taxes as "married, filing jointly" with a "foreign" spouse? Actually, with reference to my foreign spouse, I do not declare her foreign income on our tax returns since it is so low (below the PG) and does not factor into my living expenses within the US -- our returns are filed as $0 income from my foreign spouse.

9 minutes ago, SteveInBostonI130 said:

First, the NVC will not hold up your case.  As stated by the message, the NVC is stating that the CO might not approve your spouse's visa with the way things stand currently.  The delay will be from the Embassy, if they place the visa in Administrative Processing as you line up a joint sponsor or provided more information.

 

Re-filing to show higher AGI would help.  Refile and submit the updated transcript or adjusted tax return with associated evidence.

 

Foreign assets can help, but they look at how quickly those assets can be liquefied in times of financial hardship.  Also you would need to provide some definitive assessments of the net property value, rather than just a figure you put down.

 

EDIT:  Typo

The problem with re-filing is that, the current pace of the IRS processing, it may take quite a long time before they can adjust my 2019 taxes, then even more months before they can submit my tax transcripts to my IRS account. Would re-filing now, giving that my immigrant category (family sponsored) is held up my Trumps EO, giving me time before the CO at the Embassy is ready to schedule an interview? I figure, I have at least until the end of the year (when Trump's EO has expired before my case moves to Embassy review/appointment)?

Lastly, my property assets have been valuated by a licensed property surveyor/valuator, but I imagine I would need to get a new one, as my last one was done over a year ago, but the point being, I can get official documents that declare the property's value. Just now sure if this process is more faster or offers more guarantee than refiling taxes.

7 minutes ago, JeanneAdil said:

the $41,032 your income from self employed ?  

or the company's income before all business deductions?

you need to show your personal income not the business / the income after schedule C 

And my AGI:

My account says they don't put wages to myself -- that should only go to employees whom I hire. In this case, I don't have any employees so the wages category is 0.

1 minute ago, SteveInBostonI130 said:

Hi,

 

I am assuming they are asking for photos because the photos you uploaded are more than 6 months old now.  They need recent photos.

 

The income thing is because you are borderline.  Also, being self-employed makes it difficult - you don't have a "guaranteed" income from an employer.  So, by reviewing your previous years' income, the average is lower than the threshold.

Hi SteveInBostonI130, what would you suggest is the best course of action to avoid delaying my case or being rejected at the Consular? I don't have a co-sponsor whom I can go to, but I do have foreign assets (property), can that be used to compensate? Lastly, is it possible for me to file an adjustment to my 2019 taxes so that my AGI is much higher than what it currently is? Just trying to generate some solutions that may be feasible.

1 minute ago, JFH said:

So you are currently a household of 2 but will become a household of 5? I think they are using discretion because you are borderline. Which state are you in? 

Please keep in mind that my wife is an accountant, and certainly if she comes over, our income will contribute to our total household AGI. Currently I file my taxes as married, jointly with my wife's using an ITIN. Lastly, as you can see from my income trajectory, I've been increasing my income (AGI) year over year as my business grows. Does these factors not play a role?

1 minute ago, JFH said:

So you are currently a household of 2 but will become a household of 5? I think they are using discretion because you are borderline. Which state are you in? 

I'm currently living in Maryland.

6 minutes ago, JFH said:

How many immigrants are you sponsoring? How many in your household currently?

Sorry, I missed the first part of your question, I'm sponsoring 3 applicants, my spouse and our 2 daughters. My son currently lives with me.

2 minutes ago, JFH said:

How many immigrants are you sponsoring? How many in your household currently?

Including myself, it is 5 members in the household.

Hello VJ Community,

My case is currently at NVC and every 2+ months since I submitted all my documents, NVC keeps asking me for additional documents (usually under a different category heading and often times, the very "same" documents I have already submitted). 

In addition, one of the notes from my last Case FE Review note also made note about my case not meeting the minimum income requirements, despite my AGI meeting the income requirements for my family size (5). Can anyone please provide any guidance or assistance or analysis on what might be happening here? Honestly, I suspect these may be generated "generic" responses, but I really have no way to know with any certainty.

For this FE Note, I have summitted 3 years of Transcripts with the following years and AGI:

2017: $3,875 (I migrated to the US in October of this year, so I didn't really start earning much income)

2018: $9,575.00 (I filed incorrectly, but my AGI should have been: $38,200, but never refiled)

2019: $41,032

NVC's calculator (https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/affidavit-of-support.html) says 125% of poverty guideline is $38,350. So I'm puzzled why I would get this note/warning. Any ideas?

One of the other FE Review note states: "Please submit proof of Vincent's current employment. For more information, visit https://nvc.state.gov/fin." What I don't understand is, I'm self-employed and have filed my taxes as such for the last 3 years, so why are they asking me to provide proof of my "current employment"? How can a self-employed person provide proof of employment when the very category of employment is "self-employment"? Can someone please explain what exactly they are asking of me?

Lastly, here is a screen shot of one of the "Incomplete" section from one of my applicants that the system is asking for additional documents, that were already provided:

You can see they previously "accepted" my applicant's photograph in Feb 13, and now they are saying photograph is missing, but under a different label or category. Has anyone experienced this before, what's the meaning of this? Why do they keep asking for documents (in this case, a photo) which one can clearly see they already have received? It's very puzzling and frustrating.

Any help I can receive from anyone who may have a better understanding on what's going on would be greatly appreciated? Thanks in advance.

8 hours ago, delawhere said:

Hello all, 

This morning we received an interview cancellation email from the NVC, We are very confused because a, we never had an interview scheduled with the NVC, and b, our expedite request was approved yesterday so we will not even be going through the NVC for an interview date. 

Additionally, we were DQ by the NVC prior to receiving our expedite request and had submitted all of our forms/had them accepted. Now the CEAC site lists our AOS as incomplete. 

Has anyone else had this happen? Should we contact the NVC or our embassy (Great Britain)? 

Thanks so much! 

My suspicion is that all of these activities may be bugs or some type of system malfunction of NVC's CEAC's system as a result of updates.

Just two weeks ago, NVC flagged some of my documents as "incomplete" despite the fact they were previously accepted/approved. The wired thing though is that they posted new document categories under which they wanted the documents uploaded, so I'm suspecting this may be a product of new revisions to the system.

Lastly, I tried uploading the documents (same ones) to the other categories they were now asking for them under and I kept getting a debug error window (from the web server). This is what made me thought these activities were the results of modifications/revisions to the system.

I waited about 2 days and tried uploading the same documents again and were successful this time.

Like some others have said, I wouldn't read too much into these activities, but instead send them an email just to assuage your senses.

4 minutes ago, SusieQQQ said:

NVC doesn’t issue visas, embassies do. Routine visa issuance is suspended at almost all embassies (Vietnam is starting up again for children and spouses of USCs only next week). See https://travel.state.gov/content/travel/en/News/visas-news/suspension-of-routine-visa-services.html for the official notice on suspension of routine visa service.
Now, on top of that you have a ban on F2A issuance until the end of the year from the presidential proclamations of April 22 (initial ban) and June 22 (extending the April proclamation to year end).

However, uscis/NVC are still continuing to process applications as far as they can. The halt on issuance - whether because of embassy closure or because visa issuance is banned under the presidential proclamation - happens at the embassy end, not at NVC.

 

i don’t have any insight about error messages etc.

Ok, I gotcha you. Thanks. So basically, despite the ban (on IV visa issuance at Embassies) NVC would still process the applications regardless? I thought NVC would have "stopped" processing IV applications because of the ban. I mean, after all, the embassies can't do anything with them anyways. My assumption is that they would just let IV (F2A, etc.) petitions just sit there and pile-up and gather dust in some distant corner of the building.

On 6/26/2020 at 2:05 AM, Paul & Mary said:

Technically spouses of LPRs are not impaired yet.  The benefit (Visa) isn't being denied right now because the consulates are not open for regular processing. Once the consulates open then there is a claim.  

 

Comparing the case of spouses of LPRs to DV is different in those visa have to be issued during the fiscal year.

 

Also proclamations or orders that have an expiration date are harder to set aside.  Sure the 9th Circuit Court of Appeals will issue an injunction but the Supreme Court will most likely affirm the EO based on previous similar challenges.

Well, at last if the "9th Circuit Court of Appeals will issue an injunction" at least it takes the ban off the tables for the time being. Because of the Supreme Court's already packed schedule for the rest of the year (and the looming election in Nov.), I don't see them taking up the 9th Circuit Court of Appeals decision anytime soon. I don't see them fast tracking this to the Supreme Court basically. The Supreme Court knows a new election will resolve it ultimately, don't you think that's feasible?