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

[Crazy Cat 41,814]

6 minutes ago, Mdvivori said:

is sufficient to cover the required income.

Sometimes, COs want to see a comfortable margin above the minimum level.  That minimum is not a set acceptance point for income.

[Redro 4,611]

20 minutes ago, Mdvivori said:

Redro, when my Wife was DQ’d they had my 2022 Benefit Letter which was sufficient at the time.  It wasn’t until the Income amount increased on March 1, 2023 that I came up short but my 2023 Letter is adequate.  As an aside, the original I-864 was supposed to survive any Income Increase but It seems the CO can make up his own rules.

I know your income was sufficient before the change. My question was did you receive a note stating “we can’t determine if your income qualifies a CO will make the final decision… you might want to submit a joint sponsor” or did you only receive a  “your case has been documentarily qualified” message when you completed NVC stage? 

Edited June 9, 2023 by Redro

[Mdvivori 42]

I can’t do anything bc they don’t accept Employment Letters which I have and my wife has a great Resume showing over a decade of experience as an Accountant, Country Finance Manager with a US Multinational and I’m told they won’t consider the SS Children’s Benefit the kids will receive.  I’ve been living in the Philippines for 4 years and not working.  

[Mdvivori 42]

Redro, just that our case was DQ’d.

[Boiler 45,449]

We seem to be going around in circles, why not just wait and see what the Consulate say? Everything else is speculation.

[Redro 4,611]

18 minutes ago, Mdvivori said:

Top Secret, No the SS Income wasn’t included in the first I-864.  I’m just hoping that they follow their own rules and grant her Visa bc my 2023 Benefits Letter is sufficient to cover the required income.  If I’m not mistake you can’t move forward with the I-864 if the  income requirement calculation fails.  

This is not true. You can move forward if income requirement calculation is not standard. We qualified with assets and it was suggested we get a joint sponsor in case CO did not consider our savings sufficient. We were aware going into interview there was a chance they would request a joint sponsor… embassy worker reminded us we could not use income earned outside US and we needed a joint sponsor. So clearly she had encountered others who passed NVC to interview but then had to obtain joint sponsor after speaking to CO. 
The issue with interviewing just after tax season is CO has all the right to request updated i864 and income statements. Immigration is long and arduous process and we have to keep up to date with the changing requirements. 

[Family 3,988]

OP , you need to make your argument directly to the Consulate, as a challenge to the Refusal. ..email them or write a Letter, attach their own public policy FAQ.

I love your argument.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html#aos11

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

[Dashinka 24,481]

3 hours ago, Mdvivori said:

Redro, when my Wife was DQ’d they had my 2022 Benefit Letter which was sufficient at the time.  It wasn’t until the Income amount increased on March 1, 2023 that I came up short but my 2023 Letter is adequate.  As an aside, the original I-864 was supposed to survive any Income Increase but It seems the CO can make up his own rules.

Just curious as I did not see it in my scan of this thread.  When you got the new benefit letter, did you fill out a new I864 with the new information?  Apologize if this was asked and answered already, but I saw mention that the CO focused on the income listed on the I864 and you said your wife was too nervous to show them the 2023 benefit letter.  If the I864 did not reflect the new information, that could be an issue.

[Chancy 6,241]

1 hour ago, Dashinka said:

If the I864 did not reflect the new information, that could be an issue.

 

Good point, especially since COs at the US embassy in Manila require all civil & financial support documents to be updated and uploaded into CEAC prior to the interview.  Even if the applicant brings the new document to the interview, the CO will likely issue a 221(g) letter anyway if the scan of the document is not uploaded to CEAC already.

 

Edited June 9, 2023 by Chancy
typo

[JeanneAdil 6,489]

Even if the CO could accept possibility of SS income for the children there is a family max of $2682 times 12 is $32,184

and below the 125% needed for family of 4 which is $37500

 

https://www.ssa.gov/oact/cola/familymax.html#:~:text=The formula sums four separate,of the family-maximum formula.

 

The formula sums four separate percentages of portions of the worker's PIA. For 2023 these portions are the first $1,425, the amount between $1,425 and $2,056, the amount between $2,056 and $2,682, and the amount over $2,682. These dollar amounts are the "bend points" of the family-maximum formula. 

 

[Boiler 45,449]

22 hours ago, Mdvivori said:

No, $38k, minimum at 125% is $37,500.  When I submitted the original I-864 the minimum was just over $34k which at the time I exceeded.  Now I exceede the new minimum.

He is just over.

[Nonie 2]

Back in 2006 when going through this mess I contacted my local US representative and got they're help in moving things forward. At times a politician can seem useless until they might need your vote.

[SalishSea 17,803]

5 minutes ago, Nonie said:

Back in 2006 when going through this mess I contacted my local US representative and got they're help in moving things forward. At times a politician can seem useless until they might need your vote.

Not really relevant to OP's situation though, as no US rep can intervene in a visa denial.

[Mdvivori 42]

For my Stepchildren’s NVC filing I was questioned last year about my U.S. Domicile Address, not for my wife, just the kids.  I resent proof including a current Bank Statement, my Absentee Voting Record and my new SS BENEFITS LETTER showing slightly more than the Minimum Amount Required.  I didn’t file a new I-864 bc it’s supposed to remain in force as future increases aren’t supposed to apply.   
 

While I understand they might not consider the Stepchildren’s Benefit it will be approximately $1,250 each for the next 9 and 11 years until the youngest graduates HS.  Additionally my wife is a degreed Accountant for a large US multinational with over 15 years of experience. She plans on working.   

 

As ya’ll know this is incredibly frustrating.

 

if necessary I’ll go back and get a job.   

[Mdvivori 42]

Boiler, no my income is $37,900 for 4 of us.  The new minimum requirement is $37,500.