Visa denial due to New Minimum Income Requirements [merged threads]

[Mdvivori 42]

Here we go again.  I’m a US Citizen and the Sponsor for my Filipino Wife and 2 Stepchildren .  My wife was just denied her and my Stepchildren's Visa’s because with the New Minimum Income Requirements as of March 1, 2023, my income was deemed insufficient and she was told I needed a Joint Sponsor.  
 

We originally filed our I-130 on June 30, 2021 and were approved on May 19, 2022.  At the NVC in September 2022, we were informed our income which was previously adequate, was now insufficient so we uploaded my 2022, SS Benefits Letter which showed Sufficient Income for 2022.  She was DQ’d in October 2022.  Fast forward to her Medical Exam March 29, 2023, Wife flagged for TB.  Further testing showed no infection.  (Wife disclosed at Medical that she was diagnosed with TB and Treated with 6 month Course of Treatment over 6 years ago and deemed cured) Follow up Medical on May 29, 2023, Cleared Medical.  Interview Date June 7, 2023, Income Insufficient!  Required to provide Joint Sponsor.  Fortunately my 2023, SS Benefit exceeds the new March 1, 2023, Minimum Required Income so we went home and updated our I-864, wrote a cover letter, and submitted it, along with her Passport to LBC for delivery to the Embassy.

 

I thought I recalled reading that once DQ’d you weren’t subject to changes in the Minimum Income Requirement.  Does anyone know if that’s true?

 

Additionally, when my Wife went to her 2nd Medical Interview she stopped by the “US Embassy Visa Information Desk” at St Luke’s and was informed that our Children ages 7 and 9 yrs old were not required to be present for the Embassy Interview, bc they are under 14 yrs old.  WRONG. If you are told this it’s just not true bc in a addition to providing my new Income verification letter we now have to reschedule the Children’s Interview.  A needless delay.  My wife feels terrible because she had my new SS Benefits Letter with her but was too shaken to remember she had it and feels totally responsible for not taking the children bc when she called me from St Luke’s I told her to double check.  She did and even took a selfie with the person at the Information Desk but the Embassy Consular wasn’t moved.  

 

I’m writing this not so much for feedback, which I do want, but to alert my fellow Citizens of these potential stumbling blocks at the finish line.  

[Crazy Cat 41,756]

19 minutes ago, Mdvivori said:

I thought I recalled reading that once DQ’d you weren’t subject to changes in the Minimum Income Requirement.  Does anyone know if that’s true?

I'm sorry this happened.  Doesn't really matter what NVC does because the Consulate Officer (not NVC) is always the sole approval authority for determining financial support qualification and visa approval.  Just give them a joint sponsor if that is what they want. This a refusal, not a denial.  Good luck.   Hopefully, you all will be reunited soon.

Edited June 8, 2023 by Crazy Cat

[Mike E 11,739]

24 minutes ago, Mdvivori said:

the “US Embassy Visa Information Desk” at St Luke’s and was informed that our Children ages 7 and 9 yrs old were not required to be present for the Embassy Interview, bc they are under 14 yrs old.

I wish doctors, bankers, CPAs would stop practicing immigration law.

 

And I’ve heard enough about Luke’s that I wish the embassy stopped using them for medicals.

 

So sorry about these set backs.

 

30 minutes ago, Mdvivori said:

but to alert my fellow Citizens of these potential stumbling blocks at the finish line.  

When possible the citizen petitioner should arrive in country before the beneficiary’s interview to manage the situation. I assembled my fiancee’s binder before the interview and went over the  evidence so that she understood what it was and why the CO might ask.

9 minutes ago, Crazy Cat said:

Just give them a joint sponsor if that is what they want. This a refusal, not a denial.

Why wouldn’t the new SS Benefits Letter work?

[Mdvivori 42]

Thank you for your response.

 

I don’t have a Joint Sponsor but I do have a SS Benefits Letter for 2023, exceeding the New March 1, 2023, minimum HHS and USCIS requirement of 125% of the Poverty Guideline.  I hope they don’t insist on a Joint Sponsor when I have the March 1, 2023 SS Benefits Letter showing I have more than the minimum income.  Thoughts?
 

Below you can see what I believe states in the US Travel website that if the Petitioner has enough income to qualify when the I-864 was filed then an increase in the guidelines wouldn’t effect the Sponsor.  Regardless the 8.9% SS Increase beginning in December 2022, was enough to keep me above the new March 1, 2023 requirement.  It’s a moot point but did the Embassy impose a requirement that doesn’t exist by asking for a Joint Sponsor when none was needed?  
 

My I-864 showed more than enough income when it was initially submitted in 2022.
 

I’m really asking for those who follow as I’m fortunate enough to have the require income.
 

“If the poverty guidelines change between the time the petitioner signed the Affidavit of Support and the issuance of an immigrant visa, must the petitioner/sponsor and joint sponsor, if required, submit a new Form I-864?

No, the Form I-864 remains valid indefinitely unless evidence of failure to meet the poverty guidelines in effect on the date of I-864 filing arises. The consular officer will determine whether the income claimed by the sponsor and documented with financial evidence meets the poverty guidelines in effect at the time the I-864 was filed. If the income claimed does not meet the poverty guidelines, then the consular officer may request that the sponsor submit current year income information.”

[Crazy Cat 41,756]

14 minutes ago, Mike E said:

Why wouldn’t the new SS Benefits Letter work?

It possibly would. 

 

1 minute ago, Mdvivori said:

Thank you for your response.

 

I don’t have a Joint Sponsor but I do have a SS Benefits Letter for 2023, exceeding the New March 1, 2023, minimum HHS and USCIS requirement of 125% of the Poverty Guideline.  I hope they don’t insist on a Joint Sponsor when I have the March 1, 2023 SS Benefits Letter showing I have more than the minimum income.  Thoughts?
 

Below you can see what I believe states in the US Travel website that if the Petitioner has enough income to qualify when the I-864 was filed then an increase in the guidelines wouldn’t effect the Sponsor.  Regardless the 8.9% SS Increase beginning in December 2022, was enough to keep me above the new March 1, 2023 requirement.  It’s a moot point but did the Embassy impose a requirement that doesn’t exist by asking for a Joint Sponsor when none was needed?  
 

My I-864 showed more than enough income when it was initially submitted in 2022.
 

I’m really asking for those who follow as I’m fortunate enough to have the require income.
 

“If the poverty guidelines change between the time the petitioner signed the Affidavit of Support and the issuance of an immigrant visa, must the petitioner/sponsor and joint sponsor, if required, submit a new Form I-864?

No, the Form I-864 remains valid indefinitely unless evidence of failure to meet the poverty guidelines in effect on the date of I-864 filing arises. The consular officer will determine whether the income claimed by the sponsor and documented with financial evidence meets the poverty guidelines in effect at the time the I-864 was filed. If the income claimed does not meet the poverty guidelines, then the consular officer may request that the sponsor submit current year income information.”

You can try submitting a new I-864 with the updated income statement.  But if it is close to the threshold, the CO might want a joint sponsor anyway.  

[Mdvivori 42]

My wife was too flustered to present my 2023 SS Benefits Letter at the time.  She had just been told that the children should have been there.  I have lived in the Philippines  for 4 years as of tomorrow and my wife, who is an Accountant put together a binder worthy of praise but was first derailed by the misinformation from St Luke’s and then the insufficient Income Issue.  Yes in a perfect world she could have just handed them my 2023 Benefits Letter.  She feel terrible but we courted them the Letter on 06/08/2023 the day after the Interview.

[JeanneAdil 6,482]

Research health care insurance for the spouse and kids to prove you can provide the insurance as this is part of the "totality of circumstanes"  as they can not be added to your medicare

 

and CO may still want a joint sponsor 

[Mdvivori 42]

Maybe it’s not a valid point or wise to bring up but my 2 stepchildren are entitled to SS Children’s Benefits amounting to over $2,500 a month combined until they graduate HS.  That’s $1,250 a moth for each for the next 9 and 11 years plus Annual COLA’s if any.  That money is for their benefit for Housing, Medical, Clothing, Food, etc.  SEE SS Form-SSA-4-BK

 

I’M CONCERNED AT THE REPLY THAT MY SS BENEFIT LETTER MIGHT NOT BE SUFFICIENT.  WHY NOT?

[SalishSea 17,786]

2 minutes ago, Mdvivori said:

Maybe it’s not a valid point or wise to bring up but my 2 stepchildren are entitled to SS Children’s Benefits amounting to over $2,500 a month combined until they graduate HS.  That’s $1,250 a moth for each for the next 9 and 11 years plus Annual COLA’s if any.  That money is for their benefit for Housing, Medical, Clothing, Food, etc.  SEE SS Form-SSA-4-BK

 

I’M CONCERNED AT THE REPLY THAT MY SS BENEFIT LETTER MIGHT NOT BE SUFFICIENT.  WHY NOT?

Because it's based on the totality of circumstances, not just raw numbers.  You won't know until after the interview if they want a joint sponsor.  I may be wrong, but I get the impression Manila does not often ask for one.

[Mdvivori 42]

The totality of the Circumstances?  My wife is a degreed Accountant with over a decade experience with a US Multinational, with a Letter of Recommendation.She makes tX the average Philippine salary.  She’s already looking, both inside her current company and new opportunities.  I have a 6 figure written job offer but I don’t think that matters in the totality of the circumstances.

[Mike E 11,739]

14 minutes ago, Mdvivori said:

Maybe it’s not a valid point or wise to bring up but my 2 stepchildren are entitled to SS Children’s Benefits amounting to over $2,500 a month combined until they graduate HS

Not valid IMHO because these this is not permanent income.

 

2 minutes ago, Mdvivori said:

My wife is a degreed Accountant with over a decade experience with a US Multinational, with a Letter of Recommendation

Will her job continue in the U.S.?

[Mdvivori 42]

No, we don’t want to live in Chicago.  She gets cold at 70°.  She is looking within the company in the Dallas, TX area and with a few other large companies who were her customers over the last decade with whom she has excellent relationships.

[Boiler 45,426]

8 minutes ago, Mdvivori said:

No, we don’t want to live in Chicago.  She gets cold at 70°.  She is looking within the company in the Dallas, TX area and with a few other large companies who were her customers over the last decade with whom she has excellent relationships.

You are the sponsor, that does not sound enough.

Edited June 8, 2023 by Boiler

[Mdvivori 42]

I just don’t get what you are saying.  When I filed the I-864 my Income was enough.  When the threshold was increased on March 1, 2023, my new SS Benefit beginning in December 2022 and paid starting in January was still higher than the minimum.  Unfortunately my Wife didn’t show them the new Benefit Letter at the Interview but had it Couriered to the Embassy by their approved Courier.  She didn’t send them a Joint Sponsor bc my income is sufficient.

 

Am I hearing that even with the Gold Standard SS Income stream that exceeds US Immigration requirements they might still insist on a Joint Sponsor?  I’m sorry but that doesn’t make sense.

 

I don’t have a Joint Sponsor.  I suppose I could go back to the USA and start a job or as distasteful as it sounds take my wife and one child for a few months until one of us is working and we’ve been paid.  My wife has 5 siblings within 2 blocks of our current house where her mother 3 siblings and our Nanny will live.  

 

Thoughts on all of the above please.

[Crazy Cat 41,756]

2 minutes ago, Mdvivori said:

When the threshold was increased on March 1, 2023, my new SS Benefit beginning in December 2022 and paid starting in January was still higher than the minimum.

The minimum is just the point that the Consulate Officer can consider your qualifications.  It is, by no means, a guaranteed level of qualification.  The CO has a LOT of discretion.  That is why the CO still might want a joint sponsor.

Edited June 8, 2023 by Crazy Cat