I-864 AoS accepted (asset only), but review note for financial evidence, not sure what to do...

[adventures 14]

Hi,

 

So... We have submitted our AoS using an assets only approach (this thread, if anyone is interested). With our assets we are very comfortably over the 3x min. income requirement. We just got two notes though, timestamped identically:

 

Case FE Review Note 1:

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.

 

Case FE Review Note 2:

Please submit XXXXX's Evidence of Income. For more information, visit https://nvc.state.gov/fin.

 

Our Status for AoS now reads: "Paid, Accepted". So We are not sure how to interpret the review notes now.. 

 

• Is submitting the above (income or/and joint sponsor) still optional and we can just wait until the DS-260 is accepted as well to get an interview appointment?
• Do we HAVE to submit anything now in order to proceed? As we don't have a US based income (yet), we cannot submit anything regarding note2 ...
• Would submitting a Joint Sponsor delay the case or help? Would we simply bring a completed form to the interview or do they want you to submit it online first?
• Should we bring a completed joint sponsor application to the interview "just in case"?

 

I have read in the following thread that this seems to be normal. But I am not sure if this still applies to us as well. Our interview would be in Germany.

 

 

[Redro 4,611]

7 minutes ago, adventures said:

Hi,

 

So... We have submitted our AoS using an assets only approach (this thread, if anyone is interested). With our assets we are very comfortably over the 3x min. income requirement. We just got two notes though, timestamped identically:

 

Case FE Review Note 1:

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.

 

Case FE Review Note 2:

Please submit XXXXX's Evidence of Income. For more information, visit https://nvc.state.gov/fin.

 

Our Status for AoS now reads: "Paid, Accepted". So We are not sure how to interpret the review notes now.. 

 

• Is submitting the above (income or/and joint sponsor) still optional and we can just wait until the DS-260 is accepted as well to get an interview appointment?
• Do we HAVE to submit anything now in order to proceed? As we don't have a US based income (yet), we cannot submit anything regarding note2 ...
• Would submitting a Joint Sponsor delay the case or help? Would we simply bring a completed form to the interview or do they want you to submit it online first?
• Should we bring a completed joint sponsor application to the interview "just in case"?

 

I have read in the following thread that this seems to be normal. But I am not sure if this still applies to us as well. Our interview would be in Germany.

 

 

Who is XXXXX?

The beneficiary or the petitioner?

Someone else received similar RFEs to you.

 

I'm wondering if you wrote a letter stating you (the petitioner) do not receive W2s as you do not live in the US?

 

[adventures 14]

Thank you for the links. Good to know others have similar problems...

 

1 hour ago, ROK2USA said:

Who is XXXXX?

The petitioner.

 

1 hour ago, ROK2USA said:

I'm wondering if you wrote a letter stating you (the petitioner) do not receive W2s as you do not live in the US?

No, we did not do this, do you think we should? We submitted IRS transcripts from the last couple years downloaded from IRS webpage. From what I understand in the other forum thread that you sent, that should be enough.

 

What we did is the following:

• We have IRS transcripts, some of them report foreign income.
• We have written a note in the AoS Form, that the petitioners current job is based in germany, and therefore we set the current income in the form to zero.

Maybe they are confused by the fact that in some IRS transcripts income is reported (below poverty) but no mention of W2 and didn't check that the income was foreign?

 

Additionally, if we submit additional documents I am concerned that the waiting clock is reset and introduce unnecessary waiting times.. So if they say the AoS was accepted..  will they continue processing our documents, and we can eventually schedule an interview nevertheless?

[Redro 4,611]

2 hours ago, adventures said:

Thank you for the links. Good to know others have similar problems...

 

The petitioner.

 

No, we did not do this, do you think we should? We submitted IRS transcripts from the last couple years downloaded from IRS webpage. From what I understand in the other forum thread that you sent, that should be enough.

 

What we did is the following:

• We have IRS transcripts, some of them report foreign income.
• We have written a note in the AoS Form, that the petitioners current job is based in germany, and therefore we set the current income in the form to zero.

Maybe they are confused by the fact that in some IRS transcripts income is reported (below poverty) but no mention of W2 and didn't check that the income was foreign?

 

Additionally, if we submit additional documents I am concerned that the waiting clock is reset and introduce unnecessary waiting times.. So if they say the AoS was accepted..  will they continue processing our documents, and we can eventually schedule an interview nevertheless?

You don't schedule the interview. They will send you an email with interview date. If you get an email saying you are " documentarily  qualified" you are in line for interview. If you don't,  you have to upload a document responding to the RFE for proof of income and you are at the back of the line regardless. 

 

NVC has guidelines stating the petitioner should upload proof of income if they don't meet the poverty guidelines... 

Evidence of income

If you completed Form I-864, I-864A, or I-864EZ and the income reported on this form or your tax transcript reflects income below the poverty guidelines for the year the form was submitted, submit evidence of your income. This can include evidence of current employment or self-employment, recent pay statements, a letter from the employer on business letterhead – showing dates of employment, wages paid, and type of work performed – or other financial data.

 

I'm thinking you have to show proof of income from Germany even if the income will not continue after the move. 

I'm not sure though and am looking to see what others have done... 

This member had to add his proof of income from Japan (even though it wasn't going to continue after the move) and went to the back of the line

@Ashley Wallace what did you submit as proof of income from Japan? And what did they accept it after your first submission? 

 

ETA: @adventures did you state your income on the I-864 as zero or your salary in the Germany? 

 

Edited April 16, 2022 by ROK2USA

[adventures 14]

23 minutes ago, ROK2USA said:

ETA: @adventures did you state your income on the I-864 as zero or your salary in the Germany? 

Yes, I stated zero in the I-864 for the salary. Additionally we added a comment in the comment section which states:

I am earning a foreign income,
therefore I set this value to zero as
it is not contributing towards our US-
based household income.

I wonder if there is a chance we can just tell them on the phone to proceed "as is" as we're doing an asset-only approach and the evidence for income isn't required anyways...

[Redro 4,611]

3 minutes ago, adventures said:

Yes, I stated zero in the I-864 for the salary. Additionally we added a comment in the comment section which states:

I am earning a foreign income,
therefore I set this value to zero as
it is not contributing towards our US-
based household income.

I wonder if there is a chance we can just tell them on the phone to proceed "as is" as we're doing an asset-only approach and the evidence for income isn't required anyways...

I would call them on Monday and see if that works. I believe the best time to call them is right when they open...

Please report back on what they say as we are in the same situation as you (USC is in a foreign country and we are using assets to qualify). 

[carmel34 3,633]

7 hours ago, adventures said:

With our assets we are very comfortably over the 3x min. income requirement.

What evidence did you submit with the I-864 to support the assets?  Bank statements?  They may be asking for additional documentation to prove that you have the assets and that they are liquid.  Maybe confirm this when you call NVC.  Good luck!

Edited April 16, 2022 by carmel34

[Ontarkie 14,226]

~~One post in another member's thread has been removed. Please do not post questions for your own case in other member's threads.~~

[SalishSea 17,836]

@pushbrk, whaddya think?

[pushbrk 12,898]

40 minutes ago, Jorgedig said:

@pushbrk, whaddya think?

Not enough information to form an opinion.  Sounds like an error was made either by the petitioner on the affidavit or by NVC.  For assets to work, they must be liquid, and adequate evidence must be provided.  Case note 1 can simply be ignored, if the assets are liquid and properly documented.  Case note 2 is best cleared up with a phone call.  Since there is no income, there is no evidence of income to provide.

[adventures 14]

 

20 hours ago, carmel34 said:

What evidence did you submit with the I-864 to support the assets?  Bank statements?  They may be asking for additional documentation to prove that you have the assets and that they are liquid.  Maybe confirm this when you call NVC.  Good luck!

 

8 hours ago, pushbrk said:

Not enough information to form an opinion.  Sounds like an error was made either by the petitioner on the affidavit or by NVC.  For assets to work, they must be liquid, and adequate evidence must be provided.  Case note 1 can simply be ignored, if the assets are liquid and properly documented.  Case note 2 is best cleared up with a phone call.  Since there is no income, there is no evidence of income to provide.

Thx, yes, our assets are liquid (mostly cash & stocks) and we provided numerous bank statements and additional signed letters from the bank managers to prove their existence. I also checked the IRS transcripts again and its pretty clear in them that there doesn't exist any income on the petitioners side except for one year with a small amount of foreign income. I will report back here after our call on Monday (I hope we'll get through).

 

[Fabio R S 22]

22 hours ago, adventures said:

 

 

Thx, yes, our assets are liquid (mostly cash & stocks) and we provided numerous bank statements and additional signed letters from the bank managers to prove their existence. I also checked the IRS transcripts again and its pretty clear in them that there doesn't exist any income on the petitioners side except for one year with a small amount of foreign income. I will report back here after our call on Monday (I hope we'll get through).

 

I´m on the same boat as you. Got the same RFE messages when using assets to qualify (US based stock portfolio with statements from Fidelity).

 

It is even more frustrating for me because I had lawyers helping me with the documentation and still didn´t get DQed. I´m waiting for some clarification from the lawyer on what to do regarding the evidence of income but he has already suggested adding a joint sponsor.

 

His exact reply was "USCIS has been difficult lately with accepting the appropriately-filed requirements.  I tend to agree that a joint sponsor doesn't necessarily make sense here, but it is just easier to do what USCIS asks."

 

I will post any other updates here. 

[adventures 14]

58 minutes ago, Fabio R S said:

I´m on the same boat as you. Got the same RFE messages when using assets to qualify (US based stock portfolio with statements from Fidelity).

 

It is even more frustrating for me because I had lawyers helping me with the documentation and still didn´t get DQed. I´m waiting for some clarification from the lawyer on what to do regarding the evidence of income but he has already suggested adding a joint sponsor.

 

His exact reply was "USCIS has been difficult lately with accepting the appropriately-filed requirements.  I tend to agree that a joint sponsor doesn't necessarily make sense here, but it is just easier to do what USCIS asks."

 

I will post any other updates here. 

Soo...  we just called. They say they require us to provide a written statement labeled as "proof of current or self employment" uploaded in "Additional AOS Supporting Documentation" (And that's even though we provided a written statement in the AoS Form already). That statement should contain an explanation why we can not provide the evidence... So our plan right now is to provide that statement and see what happens. Maybe we'll not be put back in the waiting line with some luck.

Edited April 18, 2022 by adventures

[Fabio R S 22]

2 minutes ago, adventures said:

Soo...  we just called. They say they require us to provide a written statement labeled as "proof of current or self employment" uploaded in "Additional AOS Supporting Documentation" (And that's even though we provided a written statement in the AoS Form already). That statement should contain an explanation why we can not provide the evidence... So our plan right now is to provide that statement and see what happens. Maybe we'll not be put back in the waiting line with some luck.

That´s great news! Would you mind letting me know what number you called? When did you call (did the call center just open) and what was the wait time like?

 

Thanks!

Edited April 18, 2022 by Fabio R S

[Redro 4,611]

14 minutes ago, adventures said:

Soo...  we just called. They say they require us to provide a written statement labeled as "proof of current or self employment" uploaded in "Additional AOS Supporting Documentation" (And that's even though we provided a written statement in the AoS Form already). That statement should contain an explanation why we can not provide the evidence... So our plan right now is to provide that statement and see what happens. Maybe we'll not be put back in the waiting line with some luck.

I uploaded said statement in the "other" category... wondering if I should re-upload the same statement again under "current/self employment"... as I know another member uploaded all his evidence (as a USC living abroad)in the "other category". 

Edited April 18, 2022 by ROK2USA