How to progress to interview without meeting income requirements

[Whenwillthisend 5]

My husband and I have been back and forth with the NVC for many months about the financial support details of our case. We both live abroad and are seeking to move to the USA (I am an American citizen). As a result of this situation, we do not meet the income requirements as we do not have jobs in the USA yet. We knew going into the process that we would need to use our assets to qualify, and we have more than enough assets in the USA to meet the requirements (in excess of $1m USD in combined real estate and cash). We provided extensive asset details in our original submission to the NVC. 
 

I could really use advice on our most recent correspondence from the NVC as the delays have now exceed 8 months from our original submission of documents. The NVC has sent us two new messages today. The first simply states “please submit petitioner’s evidence of income”. We submitted all documentation on my income already (which doesn’t meet the income requirements, as we already knew). We have already uploaded a statement to CEAC stating that this is our complete and total income information and this was accepted in CEAC.

The second message says “This case does not meet the minimum income requirement to sponsor the intending immigrant. To avoid delays, an additional affidavit of support from a joint sponsor may be submitted. The consular officer will make a decision regarding this requirement at the time of the interview.”

My questions are:

 

1.  We always knew that we would not meet the income requirements, and that the consular officer would need to assess our assets to determine if we met the requirements. How do I get the NVC to proceed to schedule an interview from here?? Does this message mean that they are proceeding to deem us documentarily complete? I’m certain the consular officer will be satisfied with our asset information but I don’t seem to be able to even get to that stage because the NVC wants to keep talking about our non-existent income.
2. Why am I getting two different messages on the same day? One message seems to provide a direction (give more information that I don’t have about my income!) and the other seems to be an option “e.g., you may wish to provide this additional information at the interview.” What does this mean?

 

We have explained all of our income and asset arrangements very clearly in my 864 document so I really can’t understand why we have to keep going back and forth on this with the NVC. 

 

Any advice is most appreciated. I’ll also be trying to get through to the NVC by phone but I don’t always find they can help by phone. 

[Redro 4,611]

5 hours ago, Whenwillthisend said:

My husband and I have been back and forth with the NVC for many months about the financial support details of our case. We both live abroad and are seeking to move to the USA (I am an American citizen). As a result of this situation, we do not meet the income requirements as we do not have jobs in the USA yet. We knew going into the process that we would need to use our assets to qualify, and we have more than enough assets in the USA to meet the requirements (in excess of $1m USD in combined real estate and cash). We provided extensive asset details in our original submission to the NVC. 
 

I could really use advice on our most recent correspondence from the NVC as the delays have now exceed 8 months from our original submission of documents. The NVC has sent us two new messages today. The first simply states “please submit petitioner’s evidence of income”. We submitted all documentation on my income already (which doesn’t meet the income requirements, as we already knew). We have already uploaded a statement to CEAC stating that this is our complete and total income information and this was accepted in CEAC.

The second message says “This case does not meet the minimum income requirement to sponsor the intending immigrant. To avoid delays, an additional affidavit of support from a joint sponsor may be submitted. The consular officer will make a decision regarding this requirement at the time of the interview.”

My questions are:

 

1.  We always knew that we would not meet the income requirements, and that the consular officer would need to assess our assets to determine if we met the requirements. How do I get the NVC to proceed to schedule an interview from here?? Does this message mean that they are proceeding to deem us documentarily complete? I’m certain the consular officer will be satisfied with our asset information but I don’t seem to be able to even get to that stage because the NVC wants to keep talking about our non-existent income.
2. Why am I getting two different messages on the same day? One message seems to provide a direction (give more information that I don’t have about my income!) and the other seems to be an option “e.g., you may wish to provide this additional information at the interview.” What does this mean?

 

We have explained all of our income and asset arrangements very clearly in my 864 document so I really can’t understand why we have to keep going back and forth on this with the NVC. 

 

Any advice is most appreciated. I’ll also be trying to get through to the NVC by phone but I don’t always find they can help by phone. 

From my reading on this forum message number 2 usually results in DQ... 

I would call NVC and ask to speak to a supervisor. Tell them about the two conflicting messages. 

[powerpuff 6,697]

~ Moved from IR1/CR1 Progress Reports to Process ~

[pushbrk 12,882]

If the text of your message from NVC uses the word "May" then it is a suggestion.  If your assets are sufficient and sufficiently "liquid" (See I-864 instructions for liquidity and equity documentation.) then you will go through to the interview without a joint sponsor or continuing income.  NVC sends this same message to every applicant using assets instead of income OR to overcome a shortfall in income.

 

What does your most recent message from NVC actually say?  Not what you interpret it to mean but what it actually says.

[Whenwillthisend 5]

32 minutes ago, pushbrk said:

If the text of your message from NVC uses the word "May" then it is a suggestion.  If your assets are sufficient and sufficiently "liquid" (See I-864 instructions for liquidity and equity documentation.) then you will go through to the interview without a joint sponsor or continuing income.  NVC sends this same message to every applicant using assets instead of income OR to overcome a shortfall in income.

 

What does your most recent message from NVC actually say?  Not what you interpret it to mean but what it actually says.

Hi. Thank you for the response! I provided the exact quotes of the two messages above. No editing on my part. The two messages are in the quotes above. Thanks again for any suggestions. 

[pushbrk 12,882]

4 minutes ago, Whenwillthisend said:

Hi. Thank you for the response! I provided the exact quotes of the two messages above. No editing on my part. The two messages are in the quotes above. Thanks again for any suggestions. 

Ah, yes.  I missed this. 

 

“This case does not meet the minimum income requirement to sponsor the intending immigrant. To avoid delays, an additional affidavit of support from a joint sponsor may be submitted. The consular officer will make a decision regarding this requirement at the time of the interview.”

 

Just ignore it if your assets are clearly sufficient.  Your I-864 has NOT been rejected.

[Jacobgrijpskerk 3]

Hi! So sorry to hear that this process is taking so long! Is that because of your situation that they needed that extra review time?  
 

We are not yet approved to submit to NVC but will be in a similar situation as we both work and live in the Netherlands. 

[Whenwillthisend 5]

I just thought I'd come back and reply with the outcome of my question in case anyone else ends up with the same problem.

 

I went back and forth with the NVC many times to try to clarify what they wanted from us (via phone, email) and to try to explain that there was a mistake and I had no further information I could provide them about my income.

 

I finally made an inquiry with my Senator's office and spoke with one of his staff. They made a a phone call to the NVC and within a week I was documentarily qualified.

 

If there is a genuine error in your case and the NVC is not able to resolve it, I suggest contact your congress-people to see if they can help.

[mike_b2020 14]

Hi,

 

I am also in the same situation now. DQ with the income requirement not met message. 
 

can you please provide your update on how you addressed your case and the outcome? 

[pushbrk 12,882]

9 hours ago, michael_n1988 said:

Hi,

 

I am also in the same situation now. DQ with the income requirement not met message. 
 

can you please provide your update on how you addressed your case and the outcome? 

Read the post just above yours.  Your answer is there.

[Whenwillthisend 5]

On 10/5/2022 at 12:21 PM, michael_n1988 said:

Hi,

 

I am also in the same situation now. DQ with the income requirement not met message. 
 

can you please provide your update on how you addressed your case and the outcome? 

Hi - yes as stated above, my Senator's office helped me. Also, the other thing I did was upload a new document to my CEAC case where I simply stated "Please forward my case to the consulate for adjudication". My understanding is that the consulate adjudicates the asset cases, and so you just need to get the NVC to move you forward in the process. I don't know if this trick helped at all, but just sharing what I did. You stated in your post that you have been DQ'd - which should mean that your case is then sent to the consulate for adjudication already. You need to bring all your most up-to-date asset information with you when you finally get your consular appointment. Good luck!

Edited October 26, 2022 by Whenwillthisend
Left out a sentence.