IR1 visa NVC msg: This case does not meet the minimum income requirement to sponsor the intending immigrants.

[pushbrk 12,898]

1 minute ago, HCT said:

OK, we put UK income equivalent to US$56000. Sounds like we should complete a revised I-864 with our assets (over 5x the 125% poverty line for our situation) detailed (they weren't on the original) and take that to the interview.

Well, yes.  For a spouse the factor is 3X, not 5X, but document ALL your "liquid" assets.  Go back to the form and particularly the part of the instructions that defines "liquid assets".  The question about current income asks for the current income YOU ARE USING TO QUALIFY.....   Instructions are clear you cannot use foreign income to qualify, so the answer should be zero.  You'll qualify based on assets.  Document them and state them accurately.

 

Lots of folks read these answers so, please don't think I'm piling on, BUT, your situation is a prime example of WHY I say so often, that becoming and A-Student of forms and their instructions (particularly the I-864) will be CRITICAL to your ultimate success.

[Family 3,992]

6 hours ago, HCT said:

over 5x the 125% poverty line for our situation) detailed (they weren't on the original) and take that to the interview.

Am assuming your wife is the US Citizen and you both live in UK.

Because your wife ( Sponsor) is not in the US , her UK income does nor qualify, nor does a an actual job offer for when she moves back to the US…
For your assets to count, you need to move that money to a US account in time for the interview and carry evidence. 

Did you already satisfy evidence of domicile in US at NVC? If not have it ready for interview.

 

[HCT 1]

9 hours ago, pushbrk said:

Well, yes.  For a spouse the factor is 3X, not 5X, but document ALL your "liquid" assets.  Go back to the form and particularly the part of the instructions that defines "liquid assets".  The question about current income asks for the current income YOU ARE USING TO QUALIFY.....   Instructions are clear you cannot use foreign income to qualify, so the answer should be zero.  You'll qualify based on assets.  Document them and state them accurately.

 

Lots of folks read these answers so, please don't think I'm piling on, BUT, your situation is a prime example of WHY I say so often, that becoming and A-Student of forms and their instructions (particularly the I-864) will be CRITICAL to your ultimate success.

Thank you, I appreciate your direct no-nonsense responses!

 

However, I cannot find any reference to the sponsor's international income not being acceptable. You may be right, but I've missed it if that's the case.

 

Additionally, yesterday we were advised by a US based immigration attorney that we are now unlikely to be offered an interview unless we submit a joint sponsor application. Again, you may be right but it's nerve-wracking sitting back and waiting for them to do something if they might never do it!

[carmel34 3,633]

2 hours ago, HCT said:

However, I cannot find any reference to the sponsor's international income not being acceptable.

Foreign income being excluded is not explicitly mentioned on form I-864 or its instructions, however, it is implied, as the whole purpose of the I-864 is to establish the capacity of the petitioner/sponsor, or joint sponsor, to support the intending immigrant (beneficiary) financially, after arriving in the USA.  If the foreign income will not continue once the petitioner and beneficiary immigrate, it will not satisfy the basic requirement of the affidavit of support.  This has been confirmed through years of practice at embassies/consulates abroad.  Search here on VJ  or via Google for "I-864 and foreign income" for many examples of this.  Here is one section of the I-864 instructions that confirm this practice, that qualifying income must continue in the US:

 

2. Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident;

 

For assets alone to be acceptable, they need to be at least three times the poverty requirements, and liquid (with evidence of such).  See I-864 instructions.  For a household of 2, (petitioner and beneficiary), the minimum liquid assets required would need to exceed US$68,661.

 

Did you file US tax returns with the IRS for the last three years?  What evidence of US domicile, or intent to re-establish US domicile, did you submit with the I-864 (see form instructions)?  Some USC spouses return to the US before their foreign spouse's visa interview, to establish US domicile and to get a job in the US to qualify as the financial sponsor.

 

NVC checks forms for completeness.  The message they sent is likely because foreign income was included.  The final decision rests with the immigration officer, at the visa interview.

 

 Good luck!

Edited March 30, 2022 by carmel34

[Redro 4,611]

2 hours ago, HCT said:

Thank you, I appreciate your direct no-nonsense responses!

 

However, I cannot find any reference to the sponsor's international income not being acceptable. You may be right, but I've missed it if that's the case.

 

Additionally, yesterday we were advised by a US based immigration attorney that we are now unlikely to be offered an interview unless we submit a joint sponsor application. Again, you may be right but it's nerve-wracking sitting back and waiting for them to do something if they might never do it!

It's not explicitly mentioned but it is common sense. As evidenced by your idea to have your wife move back to the US ahead of you to establish a US based income before you interviewed. 👇

 

12 hours ago, HCT said:

Oh oh, "US based" - we live in the UK so it's not. However, my wife is looking at moving to the US ahead of me so she would get a US income probably by the time we get an interview.

 

You had an inkling UK based income would probably not satisfy the CO. 

 

Edited March 30, 2022 by Kor2USA

[dwheels76 5,468]

First put UK assets money in US bank. You also will need to write statement of why she didn't file taxes for last 3 years if that was the case. Then upload I new I-864. Income is $0 for everything you will fill out the assets section. And will need to sow statements of that fact. The issue I see is going to be the money is newly deposited. They like to see that money sitting there for 6 months or longer.

[pushbrk 12,898]

The instruction that lets you know the UK income stream is not used to qualify as sponsor, is the one that says "if it will continue from the same source..."  The affidavit of support is about how you will support yourselves in the USA, not how you are supporting  yourselves in any other country.  Again, this is a boilerplate message, that can be ignored if your liquid assets are sufficient.  Yes, it would be good to put them in US liquid accounts, but not specifically required, particularly when coming from a Western country.

 

As I said in my first post, a millionaire would get the same message if the total income line of their latest tax return didn't show sufficient income.  This will NOT prevent you from having an interview.

 

US based immigration attorneys often know nothing at all about I-864 forms because they don't do family based immigration.  One that uses the form regularly and handles your kind of case would tell you what I and others are telling you.

 

[TBoneTX 45,319]

Two recent hijack posts have been removed.  The author is welcome to start his own thread.