Documentarily Qualified BUT Doesn’t meet minimum income requirements

[Mvivori 3]

Greetings all.  Tonight we received notification from NVC that we were Documentarily Qualified but there was also a note just below that stated “This Case does NOT meet the minimum income requirements to sponsor the intending immigrants.  To avoid delays, an additional Affidavit of Support Form I-864 from a joint sponsor MAY be submitted.”  (Emphasis mine) It further reads “The Consular Officer will make a decision regarding this requirement at the time of the interview.”

 

I’m retired, drawing Social Security of $34,824 per my Benefits Letter from Social Security which is Above the $34,687, 125% of HHS Poverty Guidelines.  When filling out the I-130 the Auto Calculation confirms that the amount was sufficient.  Additionally, but not included on our Submission to USCIS or NVC, my stepchildren will receive from Social Security, Stepchildren Benefits of a total of 85% of my Retirement Benefit in the amount of $29,600.  As announced yesterday Social Security Benefits will increase 8.7% and while the minimum income requirements will rise for 2023 the SS COLA has always outpaced the 125% HHS Requirement.

 

Further I’ve been in the Philippines for 3 years 5 months and have been prohibited from working.  I will work in the USA, part time at a minimum.  My wife is a degreed Accountant working for a US Multi National and they are going to try and place her in a US Job once she has received her Visa.  Regardless she will work in the USA.

 

What should I do?  I don’t have another Sponsor and don’t believe I need one because I meet the minimum income requirements without an additional sponsor.

[more00 17]

Hope someone can help with an answer 

[Jordanian Bride 268]

If you have assets in the USA, you can use them to strengthen your position.

 

Hopefully more knowledgeable forum members chip in.

[Mvivori 3]

I don’t have additional assets.  I got wiped out in the Real Estate collapse, outrageous medical bills from a 6 week hospital stay after a car crash followed by Throat Cancer.  I’m fine now though.  I do have a Masters Degree and am planning to work.  Will a written Job Offer help?

[JeanneAdil 6,405]

my stepchildren will receive from Social Security, Stepchildren Benefits of a total of 85% of my Retirement Benefit in the amount of $29,600

 

not so it is 50 %  with till age 18 or 21 if college students and then they age out and there is a family maximum

 

https://www.ssa.gov/pubs/EN-05-10085.pdf

 

Within a family, a child can receive up to half of the parent’s full retirement or disability benefits. If a child receives survivors benefits, they can get up to 75% of the deceased parent’s basic Social Security benefit. There is a limit, however, to the amount of money we can pay to a family. The maximum family payment is determined as part of every Social Security benefit computation. It can be from 150% to 180% of the parent’s full benefit amount. If the total amount payable to all family members exceeds this limit, we reduce each person’s benefit proportionately until the total equals the maximum allowable amount. We do not reduce the parent’s benefit amount because it’s not part of the maximum allowable amount.

 

now,  understand that all this is at discretion of the CO as you can not add spouse or children to your medicare and supplimental medicare health insurance

u need to check into health care for all that are immigrating and show proof  u r able to provide all with insurance

 

That is the totality of circumstances

 

 

i hope u have completely recovered from cancer and wish u well

 

many of us ,  me included ,  did use SSA

but i also had my 2 retirements and a healthy annunity  to sponsor a spouse

 

at present time u can not count the childen's benefits for immigration

u may be able to use the wife as she has a US job if CO is willing to listen

 

BTW don't count on the 7.8 SSA to help/ everytime they give us an increase,  they also increase the medicare payment to match and the supplemental insurance raises theirs too

Example:

2015 medicare was $104.90

2016 they raised SSA by .3% which raised medicare payment to $110.00

and my SSA pay out benefit  remained the same

[Mvivori 3]

Thank you so much for your kind words and advice.  

 

I am curious how they calculated my income to be below the required amount when it’s clearly not unless they looked at the income after Medicare Parts B and D were subtracted or if they used my 2021 Tax Return which would have been slightly under the required amount for 2022.  My 2022, SS Benefits Letter showed my income to be slightly OVER the required income.

 

Will I need to go to the Interview with my Wife to explain this or is that not allowed?  I have a job in the US waiting for me.  It’s only part time but pays $2k a month. Will a letter from the Company be sufficient?  
 

Yes for 1 child the Maximum amount is 50% of the Family Maximum Benefit, for 2 or more the publication states 80% divided equally.  It’s actually up to 88% but that doesn’t matter here.  My stepchildren are 6 and 8 and both will finish High School before age 19.  When the 1st one graduates the 2nd child’s Benefit  will increase to 50% until he graduates.
 

As for Medicare Part D, it will decrease $5.20 in 2023 to $164.90 from $170.10, as SS over estimated the needed increase this year.  Yes we finally caught a break. The 8.7% increase for SS Benefits was announced Thursday the 13th and will be posted on your MySS account in the coming weeks and will be in January Checks.

 

I will immediately check into Health Insurance Coverage for my Wife and Children and make sure they have a paid Policy before my Wife goes for her interview.

 

Thanks again for your response.

[Scott12579 10]

I've seen them do this a lot..if you're over the threshold but not by much they require a joint sponsor. It's not fair but they do it a lot. And someone mentioned assets. Manila embassy doesn't accept assets only income. Hope it works out..might just have to eat your case at interview except she will have to do it for you

[Mvivori 3]

What do you mean “eat” (Maybe plead) my case?  I assume a typo but…

 

Is a Job Offer/Acceptance for me enough?  

 

Do I attend the interview with my wife or is she on her own?

 

I don’t understand how my income was enough to get through USCIS but now I’m stuck here.  The message from NVC didn’t seem an absolute bc it said it’s up to the CO.  Thinking out loud.

[March2020 3]

13 hours ago, more00 said:

Hope someone can help with an answer 

We received the same note from NVC, documentary qualified but get that same note, we did not submit tax transcript because my husband’s main income is not taxable (VA compensation), but then 3months after we were documentarily qualified they expedited our case and sent it to US Embassy Manila. I think the CO can decide whether you pass or not during your interview, had my interview September 6, and I was approved.

Edited October 15, 2022 by March2020

[Mvivori 3]

What do you mean “eat” (Maybe plead) my case?  I assume a typo but…

 

Is a Job Offer/Acceptance for me enough?  

 

Do I attend the interview with my wife or is she on her own?

 

I don’t understand how my income was enough to get through USCIS but now I’m stuck here.  The message from NVC didn’t seem an absolute bc it said it’s up to the CO.  Thinking out loud.

[Mvivori 3]

Thank you for your response March2020.  When was this that you were DQ but it took 3 months for your interview?  That must have been terrible waiting that long and not knowing.  How short was your husband from making the minimum required?  I’m actually over the minimum by $137 on my top line SS Benefit before I pay Part A and B.  I also have a job in the USA when I get back.  I hope that will help.
 

what was said that you believe helped the CO to go ahead and approve you?

[March2020 3]

1 hour ago, Mvivori said:

Thank you for your response March2020.  When was this that you were DQ but it took 3 months for your interview?  That must have been terrible waiting that long and not knowing.  How short was your husband from making the minimum required?  I’m actually over the minimum by $137 on my top line SS Benefit before I pay Part A and B.  I also have a job in the USA when I get back.  I hope that will help.
 

what was said that you believe helped the CO to go ahead and approve you?

Hello, we were DQ April 28, 2022, our case was sent to Manila in june, and was ready then, but I did not schedule for my interview until mid august. My husband’s VA compensation alone was over the minimum required income .Plus his Social security. I brought a lot of proof of income, bank statements of 1 year, where his va and social security deposited to. 

[Mvivori 3]

Thank you.

[Ryan H 3,811]

Moved from Progress Reports to Process & Procedures.

[pushbrk 12,727]

Your notice says the Consular Officer will make the decision.  Just ignore it if you're sure you qualify.  Lots of different circumstances trigger this standard notice.  In most cases, it's best to simply ignore it.