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Andrew_Qin

How has Guangzhou historically considered assets as supplement to income?

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Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

A couple of days ago I received a notice from NVC. They requested me to send in evidence of my self-employment and they informed me:

"Please be advised that you, as the Petitioner, do not appear to meet the minimum income requirement according to the current poverty guidelines to sponsor the intending immigrant(s) for this petition. The consular officer will make a decision regarding this requirement at the time of your interview. In order to avoid delays, you may wish to submit an addtional Affidavit of Support (Form I-864) fora Joint Sponsor to the National Visa Center to assist in sponsoring the intending immigrants."

Apparently, the NVC is not considering my current business income because of business losses from previous years that have been carried forward to my 2011 1040 Tax Return. If my current income is not considered, I must rely on assets as my only means for sponsoring my wife. I've declared checking account balances amounting to $60,000 and real estate equity (residential and commercial property) at $450,000, with solid evidence of their value. According to the I-864 instruction sheet I should have more than enough to sponsor my wife on my declared assets alone, yet NVC is advising me to get a joint sponsor.

Does anyone know if it is standard procedure for the NVC to issue advice about joint sponsorship whenever income does not meet the 125% poverty guidelines (regardless of the value of assets used to supplement income)? Does anyone have knowledge of other VJ members who declared assets as a supplement to their income? Since, according to the notice, the decision on the matter will be made at the time of the interview, how has Guangzhou consulate historically dealt with such cases?

I do not have the option to find a joint sponsor, so my own financial situation will have to suffice. My financial ability to support my wife is obvious, but that is not evident if only Line 22 of the 1040 is given consideration. I was advised to seek an attorney to address the matter, but I don't want to do that prematurely.

I'd appreciate your input.

Filed: Citizen (apr) Country: China
Timeline
Posted

Yes the consulate can and does go hard on support, more can be found here: http://candleforlove.com/forums/index.php?/forum/35-interview-results/

Also, are you aware of the electronic processing an NVC specific to that consulate? It is optional, however will save you months of added waiting time for paperwork transfere from NVC to Guangzhou. MORE: http://candleforlove.com/forums/index.php?/topic/37703-i29fk3-changes-and-nvc-electronic-processing-for-i-130cr1/

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

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Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

Yes the consulate can and does go hard on support, more can be found here: http://candleforlove.com/forums/index.php?/forum/35-interview-results/

Also, are you aware of the electronic processing an NVC specific to that consulate? It is optional, however will save you months of added waiting time for paperwork transfere from NVC to Guangzhou. MORE: http://candleforlove.com/forums/index.php?/topic/37703-i29fk3-changes-and-nvc-electronic-processing-for-i-130cr1/

I would think that they should be hard on support. I don't expect or need a liberal financial evaluation. My question pertains to how the consuate views assets used as a supplement to income, and how trained consular officers are in how a true understanding of self-employed income is arrived at by reviewing the 1040 Tax Return.

I brought up this matter in a slightly different context about a month ago. The general consensus, at the time, was that my financial situation was obvious enough that I should have no problem. I became concerned, though, when I received an email from NVC advising me that my income was insufficient and I should consider a joint sponsor. Thus, part of my question was -is it standard procedure for the NVC to issue this advice whenever income in insuffient? Or, is it more likely that they have taken both my income and assets into consideration and have determined that I still appear ineligible as sole sponsor?

I was hoping to get feedback from others who have had a similar financial situation: an abundance of verifiable liquid assets but insufficint income. Thanks for directing me to CFL. It is a great forum, but I find it difficult to use the search feature when I am in need of information.

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

Also, are you aware of the electronic processing an NVC specific to that consulate? It is optional, however will save you months of added waiting time for paperwork transfere from NVC to Guangzhou. MORE: http://candleforlove.com/forums/index.php?/topic/37703-i29fk3-changes-and-nvc-electronic-processing-for-i-130cr1/

Yes, I am on EP. I am at the final stage of NVC. Along with the email advising me that I should consider a joint sponsor, NVC requested a copy of my business registration. I sent that in a few days ago, and am now awaiting closure with NVC.

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

I spoke with NVC today. They told me that it is standard procedure to advise whenever income is less than the 125% poverty guidelines. She assured me that the consular officer will take the complete picture into consideration.

Hopefully, this was just a minor delay because of the rfe for my business registration. Now that they have the document they requested, any ideas how long it will take for them to complete the case at NVC?

 
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