How Does the NVC Determine Income Requirement

[navd-0 12]

Hey all,

 

I've been RFE'd two times now, the first for not handwriting a date on the I-864 (yeah, I know) and the second RFE due to not meeting the minimum income threshold, despite providing evidence in the form of tax returns and W-2s showing income above the income threshold. 

For the first RFE, our lawyer suggested we just resubmitted a new document with a hand written date, just to appease the NVC. However for second RFE we don't know what else we can provide. I understand that the officials are just doing a checkbox exercise, but what are they looking for specifically if not Tax returns and W-2's. It should be noted that my partner and I have been living abroad for 4 years and she's only returned to American employment in the last few months. We sat on our DS-260 until she had surpassed the income threshold, then provided to the NVC 3 years of tax returns, 3 W-2 slips (showing income in excess of minimum requirements), we attached a contract of employment from a state employer and as double-insurance, we provided a print-out of publicly available State Employee incomes.

It's obvious to us and our immigration lawyers that we exceed the income threshold, but what else can we provide to the NVC as this is the second needless delay in an already slow ordeal.

[Crazy Cat 41,923]

NVC relies on evidence of CURRENT annual income to determine qualification.  That means recent pay stubs, employment letter, etc.  Current annual income is determined by:

Gross income from most recent pay stub multiplied by number of pay periods per year (12 months).  

[Chancy 6,241]

2 hours ago, navd-0 said:

she's only returned to American employment in the last few months.

 

Did you upload a recent pay stub from her current job and label it as proof of income?  In part 6, item 7 of the I-864, did you follow the formula mentioned above by @Crazy Cat in listing her current annual income?

 

The job contract is not enough unless it lists her name and annual salary.  Does the publicly available state employee income listing have her name and salary on the document?

 

Edited January 30, 2023 by Chancy

[Liam2021 583]

Current proof of income is what NVC want(up to date paystub+ employment letter).

[navd-0 12]

All documents provided and forms filled out. 

I guess I just got a dud official, our lawyer suggested we just attach more paystubs as it's been a few months of delays since our original application. 

 

[MJintheUSA 18]

I noticed that you said you submitted your tax returns, have you submitted your tax transcripts? The NVC doesn’t care so much what you are reporting, they care more what the IRS says. I submitted the transcripts and my w-2s only, not my returns. 
https://www.irs.gov/individuals/get-transcript

[navd-0 12]

On 2/4/2023 at 2:34 PM, MJintheUSA said:

I noticed that you said you submitted your tax returns, have you submitted your tax transcripts? The NVC doesn’t care so much what you are reporting, they care more what the IRS says. I submitted the transcripts and my w-2s only, not my returns. 
https://www.irs.gov/individuals/get-transcript

1099 submitted. Basically just following our immigration lawyers advice.