DQ with RFE note! Advice please.

[LukeandMegan 16]

This will be long so that I can get some good advice.  
I am US citizen.  I was previously married and have three kids (twins that are 20 and a 16 year old).  I stayed home much of that marriage.  I did work full time in 2017,2018,2019. I was a mental health therapist in Alabama.  Salary for those year for taxable income was 28k.  
2020 the pandemic hit and I switched careers and moved to Illinois to be back near family.  My salary increased to 47k (of course school starts in August so I only have a few months of higher pay and my taxable income is 30k for that year.  
2021 w2’s show 50k earned and 46k taxable income.  
I included a letter from my employer stating my salary is 55k for 21/22 school year but of course the higher paycheck only starts each September.  The letter also says that my next year salary will be 57k.  
I also included 6 months of pay stubs.   
I submitted all doc with that and got DQ but with RFE for insufficient income and to add joint sponsor but consular officer could make final decision.  
the min I need to make is 38k.   My current salary is 55k.  Do I need a joint sponsor or will they take all that and we will be ok without one.  Spouse is Canadian.  

[SteveInBostonI130 3,471]

1.  When did you submit the I-864?

 

2.  What did you put as your current income in your I-864?

 

3.  How many dependents do you have on your taxes? 

 

4.  What did you put as the household size on the I-864?

 

EDIT: changed to household size for I-864

Edited February 4, 2022 by SteveInBostonI130

[LukeandMegan 16]

Just now, SteveInBostonI130 said:

1.  When did you submit the I-864?

 

2.  What did you put as your current income in your I-864?

 

3.  How many dependents do you have on your taxes? 

 

4.  How many dependents did you put on the I-864?

I submitted it in October 2021.   I put my current salary of 55k at the answer and had the letter from my school district stating that.  My salary of 55k is from September to the next September.   I did include 6 months of pay stubs as well.  
I have 3 dependents.  So family size of 5 including my children and my spouse and myself.  

[etrangais 949]

Some members had reported this similar issue: getting DQ and NVC asks for a joint sponsor.

You may want to call NVC to confirm if they really need the joint sponsor or if it is only a glitch in the system.

 

But in any way, you may want to be ready with a joint sponsor paperwork for the interview, just in case

 

[SteveInBostonI130 3,471]

14 minutes ago, LukeandMegan said:

I submitted it in October 2021.   I put my current salary of 55k at the answer and had the letter from my school district stating that.  My salary of 55k is from September to the next September.   I did include 6 months of pay stubs as well.  
I have 3 dependents.  So family size of 5 including my children and my spouse and myself.  

 

You do meet the 125% HHS federal poverty level for your household size.  However, this is the minimum amount you need to make in order to possibly qualify.  The CO at Montreal has the final say - he/she can request you to get a joint sponsor before approving your husband's visa.  NVC's letter is a recommendation at this point - it is not a requirement.  They will still schedule your husband's interview when it's time to do so.

 

If you can line up a joint sponsor, then I suggest you do so.  Don't submit it, but have their I-864 ready for your husband to submit at the interview if the CO requires it. 

 

Also, it is likely with the backup at Montreal that your husband's interview will not be until after April 19.  I suggest you to prepare an updated I-864 for your husband to bring to the interview.  Only include the 2021 tax return transcript in this updated I-864.   Years 2 and 3 of tax returns are optional - in your case, it does not help show a history of qualifying income (30K for 2020, 28k for 2019).

 

Also, if somehow your husband's work will continue when he immigrates, you can add his income to yours. 

 

 

Edited February 4, 2022 by SteveInBostonI130

[LukeandMegan 16]

Thank you.  I will call them for some clarification.  Does bringing joint sponsor paperwork to the interview cause case to be delayed if you bring all documents with you?

[LukeandMegan 16]

1 minute ago, SteveInBostonI130 said:

 

You do meet the 125% HHS federal poverty level for your household size.  However, this is the minimum amount you need to make in order to possibly qualify.  The CO at Montreal has the final say - he/she can request you to get a joint sponsor before approving your husband's visa.  NVC's letter is a recommendation at this point - it is not a requirement.  They will still schedule your husband's interview when it's time to do so.

 

If you can line up a joint sponsor, then I suggest you do so.  Don't submit it, but have their I-864 ready for your husband to submit at the interview if the CO requires it. 

 

Also, it is likely with the backup at Montreal that your husband's interview will not be until after April 19.  I suggest you to prepare an updated I-864 for your husband to bring to the interview.  Only include 2021 the tax return transcript in this updated I-864.   Years 2 and 3 of tax returns are optional - in your case, it does not help show a history of qualifying income (30K for 2020, 28k for 2019).

 

Also, if somehow your husband's work will continue when he immigrates, you can add his income to yours. 

 

 

Sounds like a solid plan.  Thank you for answering.  I appreciate it greatly.  

[SteveInBostonI130 3,471]

1 minute ago, LukeandMegan said:

Thank you.  I will call them for some clarification.  Does bringing joint sponsor paperwork to the interview cause case to be delayed if you bring all documents with you?

 

To bring to the interview, no.  It will cause a delay if you upload the joint sponsor's I-864 to NVC because NVC will need to review and DQ you again.  Just have it ready.

[LukeandMegan 16]

Perfect.   I will not touch CEAC and will have my husband take it all with him.  I’m just so happy we are almost done.  I could not have done it without this site.  

[From_CAN_2_US 1,106]

@LukeandMegan Please Join this thread for IR1/CR1 applicants waiting to interview at Montreal:

 

 

Edited February 4, 2022 by From_CAN_2_US

[mt1717 3]

On 2/4/2022 at 6:07 PM, LukeandMegan said:

Perfect.   I will not touch CEAC and will have my husband take it all with him.  I’m just so happy we are almost done.  I could not have done it without this site.  

I'm curious as to what happened. Did your husband submit the joint sponsor paperwork at the interview?

[LukeandMegan 16]

He did take it but they didn’t need it or ask for it.  I was relieved.  It was very easy and quick at the embassy.  We had the interview in May of 22.  We waited until late June to move him here (one day after our 2nd anniversary.   

[mt1717 3]

Congrats!

 

Did he upload it or just take it with him?

[LukeandMegan 16]

He took it. We did not upload it.  We just had it with us in case they wanted it but they never asked for it.  

[mt1717 3]

I've heard that sometimes they won't consider them unless they are uploaded. Did you find out anything more about this in your research?