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

[Dashinka 24,481]

39 minutes ago, Mdvivori said:

I didn’t file a new I-864 bc it’s supposed to remain in force as future increases aren’t supposed to apply.   
 

 

I don't fully understand what you mean by this.  The CO only has the I864, and whatever is on that form is what they will use to make a decision.  Also, an I864 does not become enforceable until the visa is approved and the immigrant actually activates their LPR status.

[Mdvivori 42]

This is the actual text which contradicts what you said but who knows?

 

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.”

[Lemonslice 4,831]

3 minutes ago, Mdvivori said:

This is the actual text which contradicts what you said but who knows?

 

 

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.”

Focus on the red part.  

 

Also, it is great that your wife has a great professional future, but it is all based on CURRENT income, not hypotheticals.  

[Mdvivori 42]

The income at the time the I-864 was submitted was sufficient for 2022 and my 2023 income which we just uploaded also exceeds the new March 1, 2023, minimum requirement of 125% of the Poverty Guidelines.  We just have to wait and see if they will accept their own requirement.  
 

 

[Dashinka 24,481]

31 minutes ago, Mdvivori said:

The income at the time the I-864 was submitted was sufficient for 2022 and my 2023 income which we just uploaded also exceeds the new March 1, 2023, minimum requirement of 125% of the Poverty Guidelines.  We just have to wait and see if they will accept their own requirement.  
 

 

There is no real point of arguing with us, the evidence shows that the CO reviewed the I864 according to the latest I864P guidelines and it was not sufficient hence the request for a co-sponsor.  Now while I agree, just because the I864P guidelines change, it does not require someone to submit a new I864, but in your case since you are right on the edge, and things changed with respect to your income, you probably should have done it.

 

Now I forget, is your wife simply under a refusal awaiting a co-sponsor submission to an RFE. or is it an outright denial?  If the first one, then you may be able to overcome it with your own new I864 with the updated income information, and even though still very close to the guidelines, with your wife's future earning potential, it may sway the CO.  If the latter then a new application would be necessary.  Others may know better.

 

Good Luck!

[Ang Oras 13]

On 6/8/2023 at 2:47 PM, Mdvivori said:

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.  

Hello I had a similar issue in April of 2023 with the Embassy in Manila Philippines after DQ something small happened that started a chain of events they were asking for a household member to do an I864A this was well after DQ and couldn't be done the correct way they wanted it but we tried.  Good Luck 👍. 

[Mdvivori 42]

What happened?  Did you get Visa’s?

[Mdvivori 42]

Dashinka-We uploaded a new I-864 with my 2023 Benefits Letter.  We are now just waiting.

[Maxheadspace 48]

On 6/8/2023 at 4:14 PM, Mdvivori said:

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.

If I read your info correctly, the totality of the circumstances looking from the CO's perspective is that you have been wavering around the poverty guideline (above and below) since application, which would not instill confidence. One of their primary concerns when reviewing is that your sponsored alien does not become a burden to the State, as in they don't end up on welfare or similar.  Your wife's Philippine income is irrelevant, as she is not the sponsor and will have zero income when she gets to the States.  If you have a "6 figure written job offer", why didn't you accept it and end this question about your ability to support?  The totality of the circumstances is that you are retired on social security with a young wife and two elementary school age stepchildren who will be living at around the poverty guideline level.  I'm not trying to be harsh, just realistic.  Just keep doing and providing what they ask and eventually you will prevail.  Best of luck!

[Ang Oras 13]

9 hours ago, Mdvivori said:

What happened?  Did you get Visa’s?

Yes but the Embassy made lots of confusion with our case.

 

[Mdvivori 42]

Max im living in the Philippines with my wife and stepchildren and don’t want to go stateside and leave my family for a job unless absolutely necessary.  Yes I have a 6 figure job offer but if I can wait until we all get to the states all the better.  You seem to doubt me, not that it matters now but I made over 6 figures starting 40 years ago.  I signed it all away in my divorce when I wasn’t supposed to survive.  Max like many expats I have a story, I arrived here after a near fatal car accident, divorce and surviving Stage IV Throat Cancer.  Anyway there wasn’t a question of my ability to support my family until last week.  I thought meeting the guidelines was sufficient, shame on me.  My stepchildren are now set to interview next week and the Embassy has my new I-864.  My wife will also be better equipped to explain our situation including her willingness and intent to work showing the CO her Sr US Manager offering to help her in her job search when she arrives.  She’s not an uneducated worker, rather she is a Degreed Accountant with over 15 years of uninterrupted work experience.  She’s also the Philippine Country Mgr for Finance for a large U.S. Multinational making an excellent salary here of at least 5X the average college educated worker.  In short she is the ideal Immigrant with a real skill set to contribute to the US Economy.  If they insist on additional income then I’ll just go back and start work but not until I exhaust our efforts first.

[Lemonslice 4,831]

39 minutes ago, Mdvivori said:

Max im living in the Philippines with my wife and stepchildren and don’t want to go stateside and leave my family for a job unless absolutely necessary.  Yes I have a 6 figure job offer but if I can wait until we all get to the states all the better.  You seem to doubt me, not that it matters now but I made over 6 figures starting 40 years ago.  I signed it all away in my divorce when I wasn’t supposed to survive.  Max like many expats I have a story, I arrived here after a near fatal car accident, divorce and surviving Stage IV Throat Cancer.  Anyway there wasn’t a question of my ability to support my family until last week.  I thought meeting the guidelines was sufficient, shame on me.  My stepchildren are now set to interview next week and the Embassy has my new I-864.  My wife will also be better equipped to explain our situation including her willingness and intent to work showing the CO her Sr US Manager offering to help her in her job search when she arrives.  She’s not an uneducated worker, rather she is a Degreed Accountant with over 15 years of uninterrupted work experience.  She’s also the Philippine Country Mgr for Finance for a large U.S. Multinational making an excellent salary here of at least 5X the average college educated worker.  In short she is the ideal Immigrant with a real skill set to contribute to the US Economy.  If they insist on additional income then I’ll just go back and start work but not until I exhaust our efforts first.

I don't think anyone is doubting that you both have potentially great future income in the USA, however, the requirement is about CURRENT (at this moment) income. 

[Mdvivori 42]

I understand and thank you.  Sometimes responses can be a bit caustic.  Regardless, I’m only trying to play be the rules outlined in the Immigration process.  If the CO wants to change the rules then we need to adjust.  My wife was nervous and upset when the CO Immediately told her he needed to see the children despite her having been told explicitly, by an Embassy Representative, not to bring them so when he questioned her about the insufficient income she was a bit off her game and failed to show him my 2023 SS Benefits Statement which does meet the minimum requirement.  The entire process has been precise so I will be surprised if they don’t accept their own requirements.  But then again…

[Dashinka 24,481]

5 hours ago, Mdvivori said:

I understand and thank you.  Sometimes responses can be a bit caustic.  Regardless, I’m only trying to play be the rules outlined in the Immigration process.  If the CO wants to change the rules then we need to adjust.  My wife was nervous and upset when the CO Immediately told her he needed to see the children despite her having been told explicitly, by an Embassy Representative, not to bring them so when he questioned her about the insufficient income she was a bit off her game and failed to show him my 2023 SS Benefits Statement which does meet the minimum requirement.  The entire process has been precise so I will be surprised if they don’t accept their own requirements.  But then again…

We certainly hope for the best for you and your family.  You certainly seem to have major potential once you get over this hurdle.

 

Let us know how it goes.

 

Good Luck!

[Mdvivori 42]

Thank you Dashinka.

 

Well folks, today was a very good day.  My Wife received an Email from the Immigrant Visa Unit at the US Embassy in Manila saying she was APPROVED and then a few minutes later LBC delivered her Passport with her Visa.  My mother always said “Worrying Works” because everything she worried about didn’t happen.  Lol.  Well I worried plenty that my SS Benefit which is only slightly OVER the required minimum threshold by just under $500 wouldn’t be enough, but in the end it was.  No Joint Sponsor required!  

Now we have to rebook our flights.  I was certain we would make a departure on June 15th but I was off by a few days.  Now Summer fares are in force and trying to leave before September 12th would cost us an additional $4k so we will be here for the next 88 days.  
 

Thanks to everyone who along the way has reached out with great advice and encouragement.  A special thank you to Crazy Cat who has been there with his seemingly endless knowledge an sage advice as have so many others who took the time to help guide me along the way.  Thanks to all.