NVC rejections of I-864

[aerodnight 76]

Hey guys,

 

Me and my wife are already few months into USCIS stage and having inevitable NVC fillings coming up soon I have some doubts, that I've tried fully clear with the help of the historical topics and Google, but didn't have full success on that.

 

We've made decision that the best way in our case(both me and spouse living outside the US, I wasn't there for 7 years so I will have to rebuild my domicile) is for me to relocate to the US after receiving NOA2 on I-130 and after receiving job even before relocation, to not go there in the dark, without concrete prospects.Soon after arriving in the US, I was planning to submit AoS with the income entered based on my new job and there come the doubts. Apart from how much I will make, I guess that NVC or consulate will also care about its stability, so there might be problem if I will send the AoS only with letter from the employer and let's say one pay stub. Of course I know that the stability of this income would get stronger since the appointment for interview would take few months, but I'm worried about NVC rejecting my AoS when they would see, that I made like three times less in the previous year and now suddenly I would declare such a different income from what I had in returns(due to difference in earning between Poland and the US, I believe that I would be able to continue working in IT field as I do right now). Is NVC often rejecting such a cases, which I guess could be applicable for many USCs relocating to the US to find a job before sending AoS so they wouldn't need a co-sponsor. 

 

I also hope that relocating to the US before sending AoS would help me solve the domicile issue as it would be much easier to prove that I intent in good faith to re-establish it.

[pushbrk 12,893]

1 hour ago, aerodnight said:

Hey guys,

 

Me and my wife are already few months into USCIS stage and having inevitable NVC fillings coming up soon I have some doubts, that I've tried fully clear with the help of the historical topics and Google, but didn't have full success on that.

 

We've made decision that the best way in our case(both me and spouse living outside the US, I wasn't there for 7 years so I will have to rebuild my domicile) is for me to relocate to the US after receiving NOA2 on I-130 and after receiving job even before relocation, to not go there in the dark, without concrete prospects.Soon after arriving in the US, I was planning to submit AoS with the income entered based on my new job and there come the doubts. Apart from how much I will make, I guess that NVC or consulate will also care about its stability, so there might be problem if I will send the AoS only with letter from the employer and let's say one pay stub. Of course I know that the stability of this income would get stronger since the appointment for interview would take few months, but I'm worried about NVC rejecting my AoS when they would see, that I made like three times less in the previous year and now suddenly I would declare such a different income from what I had in returns(due to difference in earning between Poland and the US, I believe that I would be able to continue working in IT field as I do right now). Is NVC often rejecting such a cases, which I guess could be applicable for many USCs relocating to the US to find a job before sending AoS so they wouldn't need a co-sponsor. 

 

I also hope that relocating to the US before sending AoS would help me solve the domicile issue as it would be much easier to prove that I intent in good faith to re-establish it.

Your plan is sound.  Your previous non-US income is going to be entered as zero anyway, as the exemption is applied prior to the total income number's calculation on your tax return.

[Boiler 45,524]

Prior income would only be relevant if the job was continuing.

 

You need to show current income meets the requirements and you have filed. 

 

One pay stub may be iffy, depends on the Consulate, hopefully you will have  a lot more by the time of the interview.

[pushbrk 12,893]

3 minutes ago, Boiler said:

Prior income would only be relevant if the job was continuing.

 

You need to show current income meets the requirements and you have filed. 

 

One pay stub may be iffy, depends on the Consulate, hopefully you will have  a lot more by the time of the interview.

One pay stub is all he needs to file the I-864.  One more current one at interview time will cover all those months nicely.  It will show he's still with the same employer and his then current pay rate.

[aerodnight 76]

8 minutes ago, pushbrk said:

Your plan is sound.  Your previous non-US income is going to be entered as zero anyway, as the exemption is applied prior to the total income number's calculation on your tax return.

So even though, I would have attached transcript from the most recent year, which would show that I generated only foreign-based income(let's say $30k) I would still enter $0, because it's the amount that is relevent in terms of sponsoring? Also, is there a chance that in a situation that I have described, I would get a rejection from NVC, because they wouldn't understand how it is possible that my income changed so much in comparison to the previous tax returns filling? Just for the context, I would have to enter $0 in three fields where you have to enter what was your income in the last three years, apart from that I would attach transcript from the most recent year(I believe that I have to show transcript only from the most recent tax year) and in the current income field I would enter whatever would be on my employment contact?

[pushbrk 12,893]

2 minutes ago, aerodnight said:

So even though, I would have attached transcript from the most recent year, which would show that I generated only foreign-based income(let's say $30k) I would still enter $0, because it's the amount that is relevent in terms of sponsoring? Also, is there a chance that in a situation that I have described, I would get a rejection from NVC, because they wouldn't understand how it is possible that my income changed so much in comparison to the previous tax returns filling? Just for the context, I would have to enter $0 in three fields where you have to enter what was your income in the last three years, apart from that I would attach transcript from the most recent year(I believe that I have to show transcript only from the most recent tax year) and in the current income field I would enter whatever would be on my employment contact?

Yes, you enter zeros for the past three years.  It will be clear you've relocated and taken a US job.  Expect not to be "rejected".  You'll get a stock email that refers to your tax section income being low but that the Consular Officer will make the final decision.  Expect success.  Your only other option is a qualified joint sponsor, but that won't solve your domicile issue.  Your plan is sound.  Carry on.

[aerodnight 76]

Thanks!

 

I have the last question related to I-864. When asked about country of domicile, what should I enter? They ask where I will be in foreseeable future, so I think that putting Poland would be a weird choice, since I would already be some time in the US, like few weeks and I would consider the United States as my country of residence in foreseeable future. 

[pushbrk 12,893]

1 hour ago, aerodnight said:

Thanks!

 

I have the last question related to I-864. When asked about country of domicile, what should I enter? They ask where I will be in foreseeable future, so I think that putting Poland would be a weird choice, since I would already be some time in the US, like few weeks and I would consider the United States as my country of residence in foreseeable future. 

Answer USA.

[aerodnight 76]

2 hours ago, pushbrk said:

Answer USA.

If I answer USA as my country of domicile, then automatically I have to attach some evidences that will support it? Just the way it works when you are not domiciled in the USA and have to show evidences of concrete steps taken to re-establish it. Or when I will put American based address as the address of the petitioner(me), then there is no need for that? I'm probably digging too much into details, but don't want to be left with uncertainties about this manner.

[pushbrk 12,893]

6 hours ago, aerodnight said:

If I answer USA as my country of domicile, then automatically I have to attach some evidences that will support it? Just the way it works when you are not domiciled in the USA and have to show evidences of concrete steps taken to re-establish it. Or when I will put American based address as the address of the petitioner(me), then there is no need for that? I'm probably digging too much into details, but don't want to be left with uncertainties about this manner.

Based on your stated plan, you WILL BE "domiciled" in the USA, by the time a final decision is made on the issue. You don't have to have a domicile to be domiciled somewhere.  It's kind of a smoke and mirrors term, so don't overthink it.