NVC - Sponsor does not meet the minimum income

[DJG1 4]

Hi All,

 

This forum has been super helpful and has a treasure trove of good information.  Of course, everybody's case is slightly different so it can be a bit confusing at times.

 

Currently at the NVC stage submitting the AOS documentation, i864 form etc before sending to the consulate(ISRAEL) for interviewing scheduling.

After fixing my domicile status to USA and providing all of the evidence, I resubmitted the documents, I now got this reply:

 

"SPONSOR_NAME 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. 

 

So my main questions are:

 

1. Assuming my income reported for the last 3 years abroad is foreign, regardless of the amount being way above and beyond the requirements - due to income exclusion on my 1040 reported on my taxes - it is ZERO as far as the NVC is concerned?
2. Can you request to resubmit my i864 again and should I add cash assets here abroad which can also cover the requirement?  Is it even worth it?
3. NVC requested proof of current employment which i can easily provide although once again - I do not have an "official" relocation letter from my company just yet until 2021...

 

I am trying to understand will the consular officer understand my current financial status if I provide all bank account statements, paystubs for the last 12 months etc.. 

 

 

[angeljolie 188]

20 minutes ago, DJG1 said:

Assuming my income reported for the last 3 years abroad is foreign, regardless of the amount being way above and beyond the requirements - due to income exclusion on my 1040 reported on my taxes - it is ZERO as far as the NVC is concerned?

What amounts did you write as your "total income" under Part 6? The "adjusted gross income" is tricky for foreign earned income because of the exclusion. But it seems like NVC is not putting two and two together on this part. Your total income should be your real total income (not adjusted) because in fact, that's what you earned. Since you filed 1040, according to the instructions for I-864:

 

"For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered."

 

 

[DJG1 4]

5 minutes ago, angeljolie said:

"For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered."

 

 

Good point.  I put the actual income which is close to 100K USD while the AGI due to the foreign earned income exclusion is actually 0. 

So in short - they take the zero.

 

Bummer - should i  resubmit and add my cash assets/accounts to cover that 20K minimum?

Edited December 18, 2020 by DJG1

[angeljolie 188]

6 minutes ago, DJG1 said:

 

Good point.  I put the actual income which is close to 100K USD while the AGI due to the foreign income is actually 0. 

So in short - they take the zero.

 

Bummer - should i  resubmit and add my cash assets/accounts to cover that 20K minimum?

They said the CO will make the decision on it later, so I guess just be prepared to explain it at the interview. I think others would advise getting a co-sponsor just in case. 

 

Also, I have read this here many times -- current income is "king." So it would be beneficial if you can provide them with current pay stubs.

Edited December 18, 2020 by angeljolie

[DJG1 4]

15 minutes ago, angeljolie said:

Also, I have read this here many times -- current income is "king." So it would be beneficial if you can provide them with current pay stubs.

Good point.  I'll provide all current employment information and proof to the NVC and for the interview itself actual hard copies.

 

Thanks!

Edited December 18, 2020 by DJG1

[Dashinka 24,832]

3 hours ago, DJG1 said:

Good point.  I'll provide all current employment information and proof to the NVC and for the interview itself actual hard copies.

 

Thanks!

As well as the official relocation letter showing the income will continue when you move back to the US.
 

Good Luck!

[carmel34 3,657]

10 hours ago, DJG1 said:

• Assuming my income reported for the last 3 years abroad is foreign, regardless of the amount being way above and beyond the requirements - due to income exclusion on my 1040 reported on my taxes - it is ZERO as far as the NVC is concerned?
• Can you request to resubmit my i864 again and should I add cash assets here abroad which can also cover the requirement?  Is it even worth it?
• NVC requested proof of current employment which i can easily provide although once again - I do not have an "official" relocation letter from my company just yet until 2

Sponsorship that qualifies for an I-864 has to be US-based income, so the sponsor's current foreign income will be disregarded by the officer reviewing the file at the interview.  So yes, income that is non-US sourced is essentially zero for sponsorship purposes.  If you have good evidence of future US-based income, such as a job offer from a US employer, or even better, if the USC moves to the US and starts working before the pending immigrant's visa interview, then take current pay stubs, W2s, etc. to the interview.  Also the official relocation letter from your company, with the start date in the US and salary in US dollars would be helpful for sure as US-based income is required.  Cash assets can also be used to qualify, see the I-864 instructions.  If you did not include assets on the original I-864, do a new one and your spouse can take it to the interview.  Note that you'll need evidence of the assets and their liquidity, and value in US dollars.  Assets alone would need to be 3 times the minimum poverty level.  Another option would be to get a qualified joint sponsor in the US, just in case the officer asks for one at the visa interview.  Good luck!

Edited December 18, 2020 by carmel34

[NikLR 13,232]

10 hours ago, angeljolie said:

They said the CO will make the decision on it later, so I guess just be prepared to explain it at the interview. I think others would advise getting a co-sponsor just in case. 

 

Also, I have read this here many times -- current income is "king." So it would be beneficial if you can provide them with current pay stubs.

Current income for the OP is only going to matter if the income will continue once they move to the USA.  As the OP has stated there is a relocation letter in the works, then they can provide that, however if this income is not continuing, then it cannot be used. 

[Cyberfx1024 7,980]

14 hours ago, DJG1 said:

 

Good point.  I put the actual income which is close to 100K USD while the AGI due to the foreign earned income exclusion is actually 0. 

So in short - they take the zero.

 

Bummer - should i  resubmit and add my cash assets/accounts to cover that 20K minimum?

This is actually wrong sir. You will be fine for sponsorship purposes with foreign income. I did this back a couple years back when I petitioned my wife while working in Afghanistan. But do not be surprised if you or your wife are asked what you plan to do when you move back to the USA. 

[pushbrk 13,137]

The wording of your notice indicates you are in the queue.  If you'll have the relocation letter soon, I would wait for it, then replace your affidavit of support and supporting documents with a new one.  All the past tax return information should be $0.  That's just informational and not a problem, once you properly state and document your current income.  Your relocation letter, should show what your income will be in the US.  That is your "current income" in this context.  Adding and documenting liquid assets is a bonus.

[angeljolie 188]

7 hours ago, NikLR said:

Current income for the OP is only going to matter if the income will continue once they move to the USA.  As the OP has stated there is a relocation letter in the works, then they can provide that, however if this income is not continuing, then it cannot be used. 

And therefore proof of current income should not be submitted?

[NikLR 13,232]

2 hours ago, angeljolie said:

And therefore proof of current income should not be submitted?

Not if it’s not continuing. You’re just wasting your time. If it is continuing then yes along with evidence the income continues in the usa

[pushbrk 13,137]

6 hours ago, angeljolie said:

And therefore proof of current income should not be submitted?

In THIS case, not now, as there is no evidence of continuing current income that can be counted.  Once they have a relocation letter from the employer, they WILL have evidence and should submit it.

[Ryan H 3,834]

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[Ryan H 3,834]

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