vincentlina

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. 

No idea really as it is up to the officer reviewing the packet but it can't hurt to send those and a letter of explanation / worth a try
NVC kept refusing my income as i am living on an annunity provided for me by my late husband and only the interest is taxable / they didn't look at untaxable income at all until i paid $300 to a lawyer in atlanta to help me

It makes sense that they would look at the cost of living for each particular area, I just find it really cruel for some families to think they qualify to be reunited only to be told no, through no fault of their own. They list Alaska and Hawaii as states where residents applying need to earn more, so maybe they should do the same for some of the other states, instead of just lumping all the 48 contiguous together. Then people can get a real sense of whether or not they should actually bother applying before wasting time and money.  
 
I’m in Western Washington too with a household of 6 (4 kids - 2 are my stepkids that reside with us 50% of the time). My husband is self employed and his taxes will reflect about $12k over the 125% line for the household size. They don’t take into consideration that there is another person 50% financially responsible for 2 of the kids in the house as well, I’m assuming. Would we be told to find a joint sponsor? How borderline are we talking here? Have there been cases You’ve seen where people made over $5k of their minimum requirement and been told to find a joint sponsor? I’m getting a little worried here. 

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 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.
 
 

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!

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!

I actually meant to write "foreign assests" - assets that are outside the USA. Sorry for the confusion.
 

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).

@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 

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 at the interview, 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!

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.
 

I’ve always wondered why some officers do the whole borderline thing. Isn’t that why the minimum income level met must be 125% instead of just having to meet the actual poverty level? They’ve already made it so that no one who is borderline on the poverty level can apply, and then they’re arbitrarily deciding that 125% is not enough either?

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 $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 

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.
 
EDIT:  They do not factor trends or trajectory - they only review the data directly.

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? 

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

What a tasteless sarcasm....!

1. the time you spent after the 90 days you had unlawful (illegal) presence. Since you never applied to adjust status you had no connection to legal status (ex. Pending) **For those of you that say what is the harm in not adjusting status this is a great example. Your marriage can go south and you lose your ability to stay in the US
2. Once your divorce is final and If you marry another US citizen you would need a waiver. 
3. You sound like you are greencard shopping so expect a LOT of scrutiny. You have been in detention for the last 6 months, are still married yet have a American girlfriend already? Maybe she should join VJ to learn first hand the uphill battle she will face as well. 
4. Dont forget anyone can apply for a visa but it doesn’t mean it will be granted. 

We’ve seen a number of people reporting, like you, various notifications indicating things are still being processed. It makes sense to me, otherwise the backlog of catching up processing when the proclamation expires (and remember the last one got extended with something like one day’s notice) would be massive. This way everything continues to get done  and as much as possible is ready for when embassies can start rescheduling, I guess. 

Thank you for your common-sense and "fact" based analysis/opinion. When I was completing my Masters in technology from one of the top universities in Massachusetts, I could literally count the number of Americans who were part of my class. Many of my classmates were International students (India, China, Middle East, Europe, etc.) The percentage of American (particularly white) was equal or less in most of my classes (during my entire academic period in school). The point being, statistically, American employers are forced to hire many of these students (via H1B). So when you look at the raw facts mathematically -- American workers are not being displaced. Every single American (white or otherwise) who works in technology at least, can find one if they so choose. If you are an American complaining about "competing" with foreign skilled workers -- you are either too lazy to compete or simply doing so out of other fears (usually cultural).
 
My second point relative to your comment is that when a LPR sponsor their spouse -- it takes several months for that individual (spouse) to be ready to be assimilated into the American workforce. They have have to wait several months (it took me appx. 9 months) to get a green card. And after being rejected for 3 months to get a job (with a Masters and 20yrs in IT) as a green card resident, I started my own IT consultancy. News flash: many corporations actually "prefer" to hire Americans -- not LPRs. Therefore during this "waiting" period to be a recognize an American resident (with employment benefits), immigrant spouses cannot take a job (so there is very little possibility of them taking away jobs opportunities from USC. Besides, let's say many immigrant spouses gets their authorization to work (green card/ssn) within 3 months, who is going to hire them? Most employers who have been forced to shut down, will try and rehire their existing laid off employees (not look for new workers). Secondly, those that received loans from the Paycheck Protection Program (PPP) are mandated to "re-hire" their existing furloughed employees. Again, very little opportunity for freshly minted green card holders to come in and swoop away these jobs. And most high skilled American and H1B workers did not loose their jobs anyways. So this EO does nothing for this group.
 
This whole EO is a farce and like everything else this administration has done, it is never based on facts or scientific validity or for the betterment of America  as a whole -- it is all done through the prism of political gain solely for one man (not even his followers benefit). This EO does nothing to help Americans get back on their feet -- what he needs is an EO on stopping the spread of the virus. That is the only way jobs are going to come back again at sustainable levels.

"he can blame the virus and the economy on those immigrants"...actually he cannot after he has banned them all from entry into the US.

They came here to get a better understanding. There's not need to be snarky towards them. Relax.

I would say that by coming here and asking for clarification that was EXACTLY what she was doing.