NVC says I do not meet the income requirements, but I do. I'm confused.

[vincentlina 74]

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.

 

 

Edited August 26, 2020 by vincentlina

[JFH 12,190]

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

[vincentlina 74]

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.

[vincentlina 74]

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.

[JFH 12,190]

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? 

[vincentlina 74]

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.

[vincentlina 74]

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?

[SteveInBostonI130 3,459]

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.

Edited August 26, 2020 by SteveInBostonI130
Added response for updated post

[vincentlina 74]

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.

[JeanneAdil 6,510]

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 

[SteveInBostonI130 3,459]

7 minutes ago, vincentlina said:

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.

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

Edited August 26, 2020 by SteveInBostonI130
typo

[vincentlina 74]

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.

[vincentlina 74]

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.

[Cndn 98]

4 hours 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’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?

[Hilde 381]

14 hours ago, vincentlina said:

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.

 

 

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.