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

[vincentlina 74]

1 hour ago, Hilde said:

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.

 

Hi thanks for your reply. I'm not sure what you mean by "foreign income", I file my taxes as "self-employed" for IT consultation work within the US. Are you referring to the fact that I'm filing taxes as "married, filing jointly" with a "foreign" spouse? Actually, with reference to my foreign spouse, I do not declare her foreign income on our tax returns since it is so low (below the PG) and does not factor into my living expenses within the US -- our returns are filed as $0 income from my foreign spouse.

[carmel34 3,635]

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!

Edited August 27, 2020 by carmel34

[vincentlina 74]

7 minutes ago, carmel34 said:

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, 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!

Thank you for your reply. I have one last question, what is the figure they are using to determine your income level, the Adjusted Gross Income from your 1040 or something else, such as your "Taxable income", see image below.

 

Lastly, someone else pointed to the fact that I can as an option, choose to adjust/refile my 2019 taxes so that my income is much higher than the 125% threshold? What do you think about this option?

 

Edited August 27, 2020 by vincentlina

[PaulaCJohnny 713]

@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 

[carmel34 3,635]

33 minutes ago, vincentlina said:

Thank you for your reply. I have one last question, what is the figure they are using to determine your income level, the Adjusted Gross Income from your 1040 or something else, such as your "Taxable income", see image below.

 

Lastly, someone else pointed to the fact that I can as an option, choose to adjust/refile my 2019 taxes so that my income is much higher than the 125% threshold? What do you think about this option?

 

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!

Edited August 27, 2020 by carmel34

[Hilde 381]

39 minutes ago, vincentlina said:

Hi thanks for your reply. I'm not sure what you mean by "foreign income", I file my taxes as "self-employed" for IT consultation work within the US. Are you referring to the fact that I'm filing taxes as "married, filing jointly" with a "foreign" spouse? Actually, with reference to my foreign spouse, I do not declare her foreign income on our tax returns since it is so low (below the PG) and does not factor into my living expenses within the US -- our returns are filed as $0 income from my foreign spouse.

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

 

[vincentlina 74]

4 minutes ago, Paula&Johnny said:

@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 

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).

[vincentlina 74]

14 minutes ago, carmel34 said:

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!

Thanks for your advice. And unfortunately, I did not file my Schedules, I thought if you're submitting your Tax Transcripts, that is all you need. My mistake. I'll get all this corrected before my next schedule review, which seems to be approximately 60-75+ days. Going to also see if I can include my foreign property assets as evidence of financial stability too.

[debbiedoo 2,339]

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.

 

 

[carmel34 3,635]

14 minutes ago, vincentlina said:

Thanks for your advice. And unfortunately, I did not file my Schedules, I thought if you're submitting your Tax Transcripts, that is all you need. My mistake. I'll get all this corrected before my next schedule review, which seems to be approximately 60-75+ days. Going to also see if I can include my foreign property assets as evidence of financial stability too.

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!

[vincentlina 74]

1 minute ago, carmel34 said:

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!

Thank you very much. My foreign assets (property) are clear and free of lien, loans or any other debt or liability. The property value is also reflected in US$ as it is the sole currency used. I can also submit and provide evidence that I own the deed and the property is registered in my name solely with its appraisal's value reflected of it's current market value by a licensed property surveyor.

[vincentlina 74]

8 minutes ago, debbiedoo said:

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.

 

 

Before the pandemic, I've been supporting my entire family both in the US and abroad pretty well. Now with the pandemic, depending on how things go, and if my family do eventually make it over, I may simply liquify one of my foreign property into cash as an additional cushion should that become necessary. 

[debbiedoo 2,339]

1 minute ago, vincentlina said:

Before the pandemic, I've been supporting my entire family both in the US and abroad pretty well. Now with the pandemic, depending on how things go, and if my family do eventually make it over, I may simply liquify one of my foreign property into cash as an additional cushion should that become necessary. 

Don't forget cost of living ( I am assuming) is significantly cheaper over there than here. Utilities, food, clothing, entertainment, insurance.... all that adds up fast.

[vincentlina 74]

9 minutes ago, debbiedoo said:

Don't forget cost of living ( I am assuming) is significantly cheaper over there than here. Utilities, food, clothing, entertainment, insurance.... all that adds up fast.

Yes, indeed it does. After all, I've been supporting a family of 5, split between the US and foreign. So the costs can add up pretty quickly. Still, with that said, we've been managing pretty well. Its the main reason I moved from Massachusetts to Maryland because the costs of living in Massachusetts is highly inflated mainly because of all the foreign "rich" kids and the expensive colleges (and housing) they are funding. 

[JFH 12,190]

12 hours ago, Cndn said:

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?

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.