Coolpops

7 hours ago, pushbrk said:

To the OP.  This is the most complete and accurate response you have received.  Thank you for your service.  

 

Unfortunately, you thought a little too much and read instructions too little.  The I-130 instructions clearly indicate you must file a petition for each immigrant.  Get those petitions filed for the children ASAP, and ask for an expedite of petition adjudication, but do not count on it happening.  

 

Sounds like your income needs to qualify for a household of 4.  If it does not, then you will need a qualified joint sponsor.  IS....your income over the $33,125 requirement?  If it is, don't give another thought to the part of the NVC notice regarding your income.  Consular Officers make that decision and will make it in your favor if your tax free retirement earnings statements reflect qualifying income.

 

What is meant by the derivative status portion of the notice. is simply that the children do not derive the privilege of applying for IR2 visas, based on your wife's approved petition.  That's why you need to file petitions for each of them.

 

"Unfortunately, you thought a little too much and read instructions too little." 

Ok, I'm busted. My wife just now said the same thing this morning. The pensions are $50k so no worries on that front. I will get those filed asap with an expedite request. 

7 hours ago, pushbrk said:

To the OP.  This is the most complete and accurate response you have received.  Thank you for your service.  

 

Unfortunately, you thought a little too much and read instructions too little.  The I-130 instructions clearly indicate you must file a petition for each immigrant.  Get those petitions filed for the children ASAP, and ask for an expedite of petition adjudication, but do not count on it happening.  

 

Sounds like your income needs to qualify for a household of 4.  If it does not, then you will need a qualified joint sponsor.  IS....your income over the $33,125 requirement?  If it is, don't give another thought to the part of the NVC notice regarding your income.  Consular Officers make that decision and will make it in your favor if your tax free retirement earnings statements reflect qualifying income.

 

What is meant by the derivative status portion of the notice. is simply that the children do not derive the privilege of applying for IR2 visas, based on your wife's approved petition.  That's why you need to file petitions for each of them.

 

Yes sir, my pension is right at $50k per yr. Thank you for the clarity. I will submit those I130s for the boys right now.

So, I am a disabled US Army veteran (natural born citizen), living here in Kenya, and receive a full disability pension as well as Social Security Disability Insurance or SSDI as income.

I've applied for a spouse (married to a Kenyan widow with two,13yo & 14yo, boys) visa where it is at the Nebraska NVC. I submitted documents from the Veterans Administration as well as Social Security showing how much I receive each month, plus my bank account info with my affadavit of support.

Today, I received notice that my income does not qualify for immigration purposes and to obtain another sponsor. I've learned from 3 different legal firms that VA disability and SSDI (but not SSI) pensions are indeed counted as income for immigration purposes and that NVC is in error. 

Also, the notice said our application does not qualify for "derivative" status and we will have to "make seperate applications for any other family members." I thought children were included in all this, especially since they are under 18yo.

I've relayed all this to the embassy in Nairobi and was hoping they can provide more information (the lady in visa processing demanded I email her instead of calling her). It seems like nobody at NVC bothered to read anything in our file (I know, a real shocker).

Immigration with my wife and step-boys to the US would be nice but it's not a heartbreaker if we cannot. My pensions go futher here in Kenya than in the US, especially in light of the increasing inflation, growing social tensions, fuel supply disruptions, etc going on there.

If disabled veterans cannot bring their foreign wives home then someone forgot to inform the 10's of thousands of vets there that already have. Any thoughts are appreciated.