Mom got DQ but Dad got RFE even though we submitted identical docs and at the same time

[calberry 18]

We got a message from NVC today saying my mom is "DOCUMENTARILY QUALIFIED" along with an email that says 

 

Dear [Applicant],

The National Visa Center (NVC) received all of the fees, forms, and documents that are required prior to attending an immigrant visa interview at a U.S. Embassy/Consulate General overseas. NVC will work with the U.S. Embassy/Consulate General in KATHMANDU, NEP to schedule an interview appointment for you. Once we have confirmed an interview date, we will send a notice to you, your petitioner and attorney (if applicable).

 

For my dad however, it says:

 

Case FE Review note:

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

 

and 

 

Case FE Review note:

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.

'

Does anyone have ideas for:

1. Why was my dad flagged but not my mom since we submitted identical docs and at the same time

2. How to proceed since the two RFEs are asking for different things. I can ask a close friend to do the additional Affidavit of Support but my personal [rental] income of $189,149 should be sufficient to sponsor both parents

3. Any tips on what to do next

[Mike E 11,739]

1. Two different people looking at the same data. Visa and Immigration officers mostly understand W-2 income.   
 

2. The first RFE (wanting a joint sponsor) is because of the second (NVC claims you don’t have the income). How I would  proceed depends on …

 

* Are the rental properties in the USA?

 

* is the 189K taxable income or was rental income  reduced by deductions?

 

* Do you have USA-based liquid assets that can be used in lieu of income? I would expect so given the income level and based on your post history this is just your income and not  your spouse’s, 

 

* Do your past 3 years of tax transcripts show 189K income? 
 

* Unless your close friend’s income can qualify based on W-2 income that’s just as likely to  run into similar problems. 

[calberry 18]

6 hours ago, Mike E said:

* Are the rental properties in the USA?

Yes

 

Quote

* is the 189K taxable income or was rental income  reduced by deductions?

I file jointly with my wife. Our adjusted gross income is $224k of which "my" rental income is $189k and my wife's (W2 and 1099) income is $35k. We have one child. The $189k rental income portion of the $224k gross income is much lower than actual rental profit because this is after depreciation. I didn't include my wife's $35k because I thought $189k was sufficient and it seemed simpler to have just one person's income and affidavit. 

 

Quote

 

* Do you have USA-based liquid assets that can be used in lieu of income? I would expect so given the income level and based on your post history this is just your income and not  your spouse’s, 

Yes. Real estate assets minus loans are worth more than $5M and I have $150k in stocks/bonds/cash. I didn't include assets to supplement income in part 7 since it said it was optional and I assumed $189k was sufficient.

 

Quote

 

* Do your past 3 years of tax transcripts show 189K income? 
 

I only submitted the required 2021 transcript. It's not exactly $189k but yes, rental income has been steady the past 3 years

 

Quote

* Unless your close friend’s income can qualify based on W-2 income that’s just as likely to  run into similar problems. 

I guess I could just ask my wife to do the additional affidavit of support since she had $35k of W2/1099 income in 2021? That extra $35k is in our joint tax transcript anyway

 

 

[Mike E 11,739]

$35K W-2 income has a high chance of producing a denial.  
 

Clearly

 

*  you should be doing an asset based I-864.  I would love to see a CO argue that you cannot afford to redeem  assets to support your father.  

 

* with a net worth north of $5M, no need to do DIY.  Your next I-864 should be written by a skilled immigration attorney.  You are dealing with a bureaucrat with a sub 100 IQ. Why suffer this fool when you can afford to hire someone to deal with this fool?
 

* getting a joint sponsor does not make any sense. Is the CO going to argue that people worth $5M and $200K annual income need to get joint  sponsors worth $50M / $2M annual income?
 

That’s what I would do.  

Edited December 2, 2022 by Mike E

[calberry 18]

8 minutes ago, Mike E said:

*  you should be doing an asset based I-864.

So resubmit my I-864 and fill out "Use of Assets to Supplement Income" in part 7?

 

Quote

 

* Your next I-864 should be written by a skilled immigration attorney.

By next I-864 you mean for this same application for my dad right?

 

Thank you for all your help -- I really appreciate it

[Mike E 11,739]

18 minutes ago, calberry said:

I only submitted the required 2021 transcript. It's not exactly $189k but yes, rental income has been steady the past 3 years

In fairness  to NVC, I think that was a mistake. You’ve 3 years of extraordinary taxable income.  Showcasing it, especially because it isn’t W-2 income, might have avoided the RFE. 

[Mike E 11,739]

3 minutes ago, calberry said:

So resubmit my I-864 and fill out "Use of Assets to Supplement Income" in part 7?

Yes if that is what your lawyer tells you to do.  

Quote

 

By next I-864 you mean for this same application for my dad right?

yes.  Your mom’s is done.  

Quote

 

 

Edited December 2, 2022 by Mike E

[calberry 18]

7 minutes ago, Mike E said:

Your mom’s is done.  

 

We were hoping that my mom and dad would have their interviews together or on the same day when we submitted their applications. Is this still possible? I assume my dad's application has been set back by at least 2 months now

[Mike E 11,739]

Just now, calberry said:

 

We were hoping that my mom and dad would have their interviews together or on the same day when we submitted their applications. Is this still possible? I assume my dad's application has been set back by at least 2 months now

You can ask the embassy. 
 

Worse case non enters on her immigration visa, files I-131 for a re-entry permit, waits on biometrics, and then goes back to be with Dad while this unnecessary ordeal continues. 

[calberry 18]

On 12/2/2022 at 6:14 AM, Mike E said:

you should be doing an asset based I-864.

 

At https://nvc.state.gov/fin it says "If you submitted Form I-864, I-864A and you used assets to meet the minimum income requirements, submit a photocopy of proof you own your assets. Proof can take any form as long as it establishes location, ownership, and value of each asset listed, including liens and liabilities for each asset listed"

 

I have deeds etc that show location, ownership, liens and liabilities -- any idea how someone can show the value of real estate?

[Lusha 1]

I am not an expert but I have another theory. Maybe NVC worker couldn't define which income is yours and which is your wife's. The instruction for I-864 is asking for W-2 and 1099 if you file jointly to see which income is which. 

[Mike E 11,739]

4 hours ago, calberry said:

 

At https://nvc.state.gov/fin it says "If you submitted Form I-864, I-864A and you used assets to meet the minimum income requirements, submit a photocopy of proof you own your assets. Proof can take any form as long as it establishes location, ownership, and value of each asset listed, including liens and liabilities for each asset listed"

 

I have deeds etc that show location, ownership, liens and liabilities -- any idea how someone can show the value of real estate?

I believe a professional appraisal is required. By now you should have turned this over to an immigration attorney. 

[calberry 18]

4 hours ago, Mike E said:

By now you should have turned this over to an immigration attorney. 

Yes, the soonest appointment I could get for an immigration attorney was for Wed. Just trying to get my papers ready in anticipation and to possibly save time

[calberry 18]

7 hours ago, Lusha said:

I am not an expert but I have another theory. Maybe NVC worker couldn't define which income is yours and which is your wife's. The instruction for I-864 is asking for W-2 and 1099 if you file jointly to see which income is which. 

Yes, makes sense. I file jointly so maybe that’s why they asked for the W2 and 1099s. But since all of my income is rental income I only have Schedule E’s

Edited December 4, 2022 by calberry

[calberry 18]

I discussed the case with an immigration lawyer and this is the response we sent to NVC in case anyone needs a template for a similar situation in the future. I uploaded 5 separate files under "Other" with the following notes:

 

Evidence of Income 1 of 5: Summary

 

Evidence of Income 2 of 5: To show my 2021 income, attached are schedule E's for 2021 showing $A in profit from rental income from properties I manage and own as marital/community property of which 50 percent is mine.

 

Evidence of Income 3 of 5: To show my current income, attached are profit and loss statements and deeds of my nine properties that generated $B in 2022 in rent with a profit of $C.

 

Evidence of Income 4 of 5: To show current ownership and assessed values of my assets, attached are property tax statements of my 9 properties, which after subtracting amounts owed on mortgages, have a net equity value of $D and my brokerage statements that total $E.

 

Evidence of Income 5 of 5: To show my recent monthly rental income, attached are the most recent bank statements of each of my nine properties which documents $F in monthly rental income in Dec 2022.

 

We also used NVC Public Inquiry Form to send the following request. "I have uploaded the additional evidence of income per the Case FE Review note on 01-DEC-2022 for my dad. My mom (NVC Case# KDUXXXXXXXX) was recently documentarily qualified -- could we please consolidate the cases for my parents so they can interview on the same day together. Thank you"

 

 

Edited December 13, 2022 by calberry
minor grammar edit