CR1 FE Review Note - Joint Sponsor Needed (but I-864 accepted)

[An D 27]

After rejecting my I-864EZ despite meeting the criteria to use it, I submitted the I-864. I also submitted all tax transcripts from 2021, 2020, and 2019 - all form 1040s from 2021, 2020, and 2019, and all W-2s from 2022, 2021, and 2020. I submitted pay statements going back to the end of 2022 (4 months or so worth). I have worked for this company for nearly 6 years and also provided an employer letter stating my salary and position.

 

The reason I didn't submit anything for 2022 is that I filed an extension with the IRS - I provided a copy of the form 4648 I sent the IRS plus my IRS account transcript showing for 2022 I have an extension until October. Today, I noticed all my documents were accepted including the new I-864 but with the message:

 

"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."

 

I am well above the income requirements. Also, I am DQ at this point. 

 

I am also aware that filing a tax extension is less than optimal when sponsoring an immigrant. However, I also uploaded an explanation for filing the extension. The reason (which is completely true) is that I am awaiting my spouse's CTC of her Philippines passport (she will be mailing it to me this week) so that I can send it off to the IRS with my 2022 1040 and W-7, ITIN application. I need this so I can file the proper status of married filing jointly. Thus, I have extended while waiting for that.

 

Obviously, by the time the interview rolls around, I will have (hopefully) sent the 1040 and W-7 off to the IRS. Should I simply upload a scan of my 2022 1040 (W-2 already uploaded) and W-7 before sending to IRS? Depending on how fast the IRS works, I may not have the ITIN/1040 completed by the time we reach the interview.

 

I'm just wondering why an employer letter, plus pay statements, plus the previous 3 transcripts and my 2022 W-2 along with the extension aren't sufficient. I am not even close to the threshold. I don't want to risk a denial at the visa interview, so I'm thinking that my spouse should just bring EVERYTHING related to my taxes for the last 3 years, that I have at that point.

 

Just wondering if anyone has experience in a similar situation. 

 

 

Edited May 10, 2023 by An D

[Crazy Cat 41,419]

That is a common message.  A lot of people now see it.  Ignore it.  The CO will make the call...as they always do for every single visa.

Edited May 10, 2023 by Crazy Cat

[Chancy 6,239]

20 minutes ago, An D said:

I am DQ at this point.

 

If your case is already DQ, then no need to worry about NVC anymore.  As stated in the review note, the CO will make the final decision.  Just make sure to upload a copy of your 2022 tax return to CEAC before your wife's interview.  Manila is strict about having all required documents scanned and uploaded to CEAC prior to interview.