NVC RFE - required joint sponsor when we dont need one.

[celi10 0]

We submitted all out documents 2 weeks ago, yesterday we got an RFE that said: "sponsor does not meet the minimum income requirement to sponsor the intending immigrants for this case. The consular officer will make a decision regarding this requirement at the time of the interview. For more information, please visit https://www.uscis.gov/i-864p. To avoid delays, an additional Affidavit of Support Form I-864 for a joint sponsor may be submitted." My husband lives in Brazil with me and he still works for an american company for the past 4 years living here he is home office and sometimes travels to US for work, he still pays his taxes and sent all the documents to prove his assents. The past 3 years he has made $103.000,00 but because he lives in Brazil he has a tax break and only got taxed on whatever passed this amount, which was $5000,00. We think NVC just looked at that small amount was taxed and didnt look into anything else. We resent the form and added an letter/note explaining everything. Today (less than 24 hours later) we get the same RFE, but this time the affidavit part at CEAC is not in red anymore and it doesnt say "rejected" at CEAC page. We really dont know what to do at this point. 

[Lil bear 4,094]

4 minutes ago, celi10 said:

We submitted all out documents 2 weeks ago, yesterday we got an RFE that said: "sponsor does not meet the minimum income requirement to sponsor the intending immigrants for this case. The consular officer will make a decision regarding this requirement at the time of the interview. For more information, please visit https://www.uscis.gov/i-864p. To avoid delays, an additional Affidavit of Support Form I-864 for a joint sponsor may be submitted." My husband lives in Brazil with me and he still works for an american company for the past 4 years living here he is home office and sometimes travels to US for work, he still pays his taxes and sent all the documents to prove his assents. The past 3 years he has made $103.000,00 but because he lives in Brazil he has a tax break and only got taxed on whatever passed this amount, which was $5000,00. We think NVC just looked at that small amount was taxed and didnt look into anything else. We resent the form and added an letter/note explaining everything. Today (less than 24 hours later) we get the same RFE, but this time the affidavit part at CEAC is not in red anymore and it doesnt say "rejected" at CEAC page. We really dont know what to do at this point. 

This is a standard RFE for anything on the I864 that isn’t standard or is close to the lower requirement. I am assuming he will be working in the US for the same company and hence his income will be ongoing once you return to the US? 

Arrange for a joint sponsor and get all the paperwork and supporting documents mailed to you 

Take  evidence that his income is ongoing in the US .. such as a letter from his employer stating this 

 

If he is not continuing with the same employer then his foreign income cannot be considered and the only option you have is the joint sponsor 

 

The IO at the interview will determine if the joint sponsor is needed 

 

[celi10 0]

3 minutes ago, Lil bear said:

This is a standard RFE for anything on the I864 that isn’t standard or is close to the lower requirement. I am assuming he will be working in the US for the same company and hence his income will be ongoing once you return to the US? 

Arrange for a joint sponsor and get all the paperwork and supporting documents mailed to you 

Take  evidence that his income is ongoing in the US .. such as a letter from his employer stating this 

 

If he is not continuing with the same employer then his foreign income cannot be considered and the only option you have is the joint sponsor 

 

The IO at the interview will determine if the joint sponsor is needed 

 

But it is not foreign income, he lives in Brazil but works for the same company in the USA for the past 10 years. He only lives here (he is home office most of the time), but his money come from USA where he still pays taxes and where he will continue to work once we go back to the USA.

[Lil bear 4,094]

1 minute ago, celi10 said:

But it is not foreign income, he lives in Brazil but works for the same company in the USA for the past 10 years. He only lives here (he is home office most of the time), but his money come from USA where he still pays taxes and where he will continue to work once we go back to the USA.

I imagine that claiming the foreign earned income has tripped up the system. My only suggestion remains as I stated.  Hopefully the IO will understand your situation better than the clerical staff at the NVC 

[geowrian 22,337]

What evidence of his current income was provided?

[celi10 0]

3 minutes ago, Lil bear said:

I imagine that claiming the foreign earned income has tripped up the system. My only suggestion remains as I stated.  Hopefully the IO will understand your situation better than the clerical staff at the NVC 

I am pretty sure once we are there it will be something very easy to explain. The problem is now we dont know if we are at this point waiting for an interview date or if there is something else that we have to do so our case wont be stuck.

4 minutes ago, geowrian said:

What evidence of his current income was provided?

Tax transcripts for the past 3 years, W2, bank statements and investments...everything!

[geowrian 22,337]

2 minutes ago, celi10 said:

Tax transcripts for the past 3 years, W2, bank statements and investments...everything!

Pay stubs? An employment letter?

Unless self employed, taxes show past income, not current income. They are still required (at least the most recent year), but that’s separate from showing evidence of current income.

 

i would also add that using tax return transcripts plus W-2s adds confusion. It’s tax transcript OR the 1040 plus all W-2s/1099s/etc. Even then, NVC is just asking for transcripts now.

[Lil bear 4,094]

4 minutes ago, celi10 said:

I am pretty sure once we are there it will be something very easy to explain. The problem is now we dont know if we are at this point waiting for an interview date or if there is something else that we have to do so our case wont be stuck.

Tax transcripts for the past 3 years, W2, bank statements and investments...everything!

Yes you are in the next stage now. NVC is sending the case as is to the Consulate. NVC will set the appointment and devise you .. then     the interviewing officer will assess and decide. You are almost there 

 

 

[pushbrk 12,636]

2 hours ago, celi10 said:

But it is not foreign income, he lives in Brazil but works for the same company in the USA for the past 10 years. He only lives here (he is home office most of the time), but his money come from USA where he still pays taxes and where he will continue to work once we go back to the USA.

It is NOT an RFE.  NVC requested NOTHING. "R" is for "request".  Ignore it.  The Consular Officer will make the right decision.

 

This is a standard boilerplate "notice".  You would get the same notice if the sponsor had a few million in cash instead of income.  

[celi10 0]

19 hours ago, pushbrk said:

It is NOT an RFE.  NVC requested NOTHING. "R" is for "request".  Ignore it.  The Consular Officer will make the right decision.

 

This is a standard boilerplate "notice".  You would get the same notice if the sponsor had a few million in cash instead of income.  

Good to know it.