Better to use the beneficiarie's Income or get a joint sponsor?

[jdim 0]

Hi there,

 

Our case has recently been transferred to the NVC and we are starting to get our documents together for the financial sponsorship. I am the petitioner (US Citizen) and have moved back to the US in July and started a new job in the US meeting the financial requirements this month (January 2022). Previously I was working in Germany (where my husband is from and currently is living) and with that income I would not meet the income requirements.

 

My understanding is that even if my previous income was sufficient, they wouldn't accept foreign income. My husband's income (from a German company) is sufficient and he will be able to continue working for his company from the US after he gets his Greencard.

 

I'm wondering:

- Should I even submit my previous tax returns? I filed in the US with the foreign exemption, and I didn't ever owe any US taxes.

- Should I submit a copy of my new offer letter (US job, meeting the financial requirement with 55k) and whatever pay stubs I have? Would it be smart to just wait a couple of months until I have at least two or three pay stubs or will they not count the income until I have filed taxes reporting that income (i.e. 2022 taxes)? Would the offer letter/contract and a few pay stubs be sufficient for me to fulfill the necessary income for financial sponsorship?

- Can we use my husband's foreign income to meet the financial requirement? We could provide a letter from his (German) company including his income and that it will continue once he moves to the US, as well as evidence from our bank accounts/previous pay stubs.

- Is all of the above (proof of my new US income of 55k and proof of his continued foreign income of around the equivalent 55k USD) enough? Or do we have to look into a family member being a joint sponsor?

 

Thank you all so much for the help!

[milimelo 4,481]

As his petitioner, you have to submit I-864 and tax returns even if you don’t meet the guidelines. 
Since his income will continue, I’d start with that for self sponsorship and just have a willing co-sponsor as a plan b come interview time. 

[pushbrk 12,884]

6 hours ago, milimelo said:

As his petitioner, you have to submit I-864 and tax returns even if you don’t meet the guidelines. 
Since his income will continue, I’d start with that for self sponsorship and just have a willing co-sponsor as a plan b come interview time. 

Almost.  Petitioners must submit the I-864 and information from three tax returns but only need to submit the most recently filed return.  No need for a joint sponsor in this case but they'll need to submit evidence the foreign spouse's income will continue from the same source after immigrating.  A letter from the Employer's HR department, in English, will do nicely for that purpose.

[jdim 0]

Thank you both for the replies! So with my 2021 returns and a couple pay stubs of mine with the new salary, and a letter from his employer, we should be alright?

[pushbrk 12,884]

5 hours ago, jdim said:

Thank you both for the replies! So with my 2021 returns and a couple pay stubs of mine with the new salary, and a letter from his employer, we should be alright?

Yes, that should work along with a properly completed I-864 from you.  Be sure to enter the number from the Total Income line of each of the 1040 forms.  That number is likely to be low, but they'll understand why.  In your case, your combined current income will carry the day.  Current income for each of you will be gross pay for a full pay period, times the number of pay periods in a full year going forward.  A thousand a week is 52k a year etc., even for a new job.

[jdim 0]

Hi there!

 

My documents have been processed and I received an request for documents. Specifically, I received these two messages:

 

"This case does not meet the minimum income requirement to sponsor the intending immigrants. To avoid delays, an additional Affidavit of Support Form I-864 from a joint sponsor may be submitted. For more information visit https://nvc.state.gov/aos. 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."

 

"Please submit every 2021 W-2 form for JULIA."

 

In the overview of documents, it says that my (petitioner's) documents as the primary sponsor have been accepted, and has now added my husband (the applicant) as a household member and requires documents of him. See the attached image for what this looks like.

 

I'm confused as to how my documents were accepted (including proof of current USA-earned income, 55k), but it says we don't meet the minimum income requirement, and why it's asking for my W-2s when I stated in my application that 2021 income was not earned in the USA. I also don't understand why it added Jakob as a joint sponsor when he can't be one because he is the applicant. How can I get them to delete this so that, if needed, I can add a different joint-sponsor who is a US citizen and has income earned in the US?

 

It also says in the first message that "the consular officer will make a decision regarding this requirement at the time of the interview" - what does that mean? That the joint sponsor is recommended but that the documents will be forwarded to the consular office in Germany regardless?

 

Any insight would be greatly greatly appreciated!

 

 

[Redro 4,611]

1 hour ago, jdim said:

Hi there!

 

My documents have been processed and I received an request for documents. Specifically, I received these two messages:

 

"This case does not meet the minimum income requirement to sponsor the intending immigrants. To avoid delays, an additional Affidavit of Support Form I-864 from a joint sponsor may be submitted. For more information visit https://nvc.state.gov/aos. 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."

 

"Please submit every 2021 W-2 form for JULIA."

 

In the overview of documents, it says that my (petitioner's) documents as the primary sponsor have been accepted, and has now added my husband (the applicant) as a household member and requires documents of him. See the attached image for what this looks like.

 

I'm confused as to how my documents were accepted (including proof of current USA-earned income, 55k), but it says we don't meet the minimum income requirement, and why it's asking for my W-2s when I stated in my application that 2021 income was not earned in the USA. I also don't understand why it added Jakob as a joint sponsor when he can't be one because he is the applicant. How can I get them to delete this so that, if needed, I can add a different joint-sponsor who is a US citizen and has income earned in the US?

 

It also says in the first message that "the consular officer will make a decision regarding this requirement at the time of the interview" - what does that mean? That the joint sponsor is recommended but that the documents will be forwarded to the consular office in Germany regardless?

 

Any insight would be greatly greatly appreciated!

 

 

Did you provide tax transcripts or tax returns? Generally if you submit tax returns you need to submit your W2s. If you do not receive W2s because you work overseas for a foreign company you need to write a letter stating that fact. But, they also sometimes request W2s when transcripts are submitted. 

 

The message about not meeting the requirements is standard and you can disregard that... 

 

Others will chime in about best course of action for using your husband's income even though he is the beneficiary. 

You should either upload documents/statements explaining why you do not have the required documentation OR phone NVC to explain your situation (which might force a DQ). 

 

 

Edited April 19, 2022 by ROK2USA

[jdim 0]

Thank you so much! I submitted my returns rather than my transcript. I can upload my transcript now along with a letter stating that I don't have W-2s, but does this mean that we have to wait for those documents to be reviewed (i.e. another three months) before being DQ'ed?

 

Re: my husband's AOS- this was all added automatically by the NVC, I did not add him in CEAC as a household member. From what I've read inother threads and according to the previous responses here, it doesn't seem to make sense to use his (foreign earned) income, but rather have someone else be a joint-sponsor. How do I get them to delete him as a household member in CEAC? I'm on hold now so hopefully I'll be able to speak directly with a representative.

 

Thank you again for your response This forum really is so amazing.

[Redro 4,611]

7 minutes ago, jdim said:

Thank you so much! I submitted my returns rather than my transcript. I can upload my transcript now along with a letter stating that I don't have W-2s, but does this mean that we have to wait for those documents to be reviewed (i.e. another three months) before being DQ'ed?

 

Re: my husband's AOS- this was all added automatically by the NVC, I did not add him in CEAC as a household member. From what I've read inother threads and according to the previous responses here, it doesn't seem to make sense to use his (foreign earned) income, but rather have someone else be a joint-sponsor. How do I get them to delete him as a household member in CEAC? I'm on hold now so hopefully I'll be able to speak directly with a representative.

 

Thank you again for your response This forum really is so amazing.

Yep! Explain the situation to them and hopefully they'll know what to do... 

Most people have to wait another 3 months to have the documents reviewed again... but others get DQ'ed a day or two or a week later. 

 

[jdim 0]

Unfortunately they weren't very helpful on the phone. They said I must have added him as a household member since I listed him as a household member in my I-864. She said I could upload a letter saying to remove him and his income, but I'm unsure what is best. My interest is primarily in getting the documents DQ'ed as fast as possible, my income alone should qualify.

[jdim 0]

For clarity in my last question, whoever may have some insight:

 

In my (primary sponsor) I-864, I included my husband's (applicant's) income in our household income. However question 22 under part 6 (see attachment) in the I-864 says that my husband does not need to fill out an I-864a because they are the intending immigrant.

 

Should I fill out and upload the I-864a anyways? Or upload a document that states why I don't need to, referencing this part in the I-864?

 

Edited April 19, 2022 by jdim
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