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

[Mdvivori 42]

I think if that’s the case I would return to the USA and grab a job which is easy to do.  How long would I need to be employed so I could execute a new I-864?  Any idea?

or

Could we leave one child in the care of my MIL for a short period of time and get jobs in the US?

[Mike E 11,739]

Just now, Mdvivori said:

How long would I need to be employed so I could execute a new I-864?

Enough to produce one pay stub might be enough.

[Boiler 45,449]

18 minutes ago, Mdvivori said:

Could we leave one child in the care of my MIL for a short period of time and get jobs in the US?

Can you yes, but this has no impact on the I 864. It is quite common with PI cases to leave children behind.

[Mdvivori 42]

So a family of 3 wouldn’t require less income than a family of 4?

[Boiler 45,449]

But you are a family of 4, you have 2 dependent children and a spouse.

[Adventine 3,196]

Your household size for the purposes of calculating sponsorship requirements will not change even if you leave a child behind in the Philippines.

[top_secret 2,411]

Was the children's SS benefit included in the original I-864?  It seems like it would be "household income".  In any case if a joint sponsor is truly impossible , ideal or not, the next intermediate step would seem to be responding to the 221g with any and all additional proof of income you could possibly come up with and see if that helps.

[SalishSea 17,804]

3 hours ago, Mdvivori said:

I believe that we would be approved for my wife and one child bc the income requirements are so much lower.  I don’t know if that’s true, I’m asking for alternatives to a joint sponsor even though my current income, that the CO didn’t know about at the time, is above the required amount.

This is not correct.  Leaving one child behind doesn't make your household smaller.

[SalishSea 17,804]

19 minutes ago, top_secret said:

Was the children's SS benefit included in the original I-864?  It seems like it would be "household income".  In any case if a joint sponsor is truly impossible , ideal or not, the next intermediate step would seem to be responding to the 221g with any and all additional proof of income you could possibly come up with and see if that helps.

Doubtful, as it is not "current" income, but potential future SS benefit.

[Mdvivori 42]

Ok I understand leaving one child behind won’t work.  My wife didn’t suggest any other income or the children’s SS Benefits.  I suppose we have to see what they say with my new SS Benefit Letter.  If that doesn’t work then I suppose I go back and get a job or take an online job.  Im not sure if that would work though.  

[Redro 4,611]

13 hours ago, Mdvivori said:

No her Visa hasn’t been issued.  They asked for a Joint Sponsor.  We gave them my new Benefits Letter exceeding their minimum requirement.  The Interview was June 7th, we couriered the new Benefit Letter on the 8th.

@Mdvivori 

1.) When you were DQ'ed at NVC did you get the "We can't determine if your income qualifies, the CO might request a joint sponsor?"

2.) They might accept the letter they might not. But, you won't be able to change the number of members in your household (stepchildren will count if they are in US or Philippines) so taking one less person to the US won't work. 

[JeanneAdil 6,489]

17 hours 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.  WH

  Interview Date June 7, 2023, Income Insufficient!  Required to provide Joint Sponsor.

 

The Co has made the decision to ask for joint sponsor

Call SS to get clarification of stepchildren benefits as they need SS #'s  to apply once you come to the US

also have ready the proof they have lived with u for 9 months (In Philippines or whereever) before u apply for these benefits

and the income they get is not your income,  its considered their income

and yes,  it is to provide for their housing and u will use it but it is not income 

also note The maximum family benefit is the maximum monthly amount that can be paid on a worker's earnings record.  u need to know the "bend points"

u still have to prove u can pay for health care and their expenses 

[Mdvivori 42]

Yes I know we need SS #’s to file.  I hired a SS Consultant, SS Advisors in NYC to advise me to make sure before I started on this journey so I’m aware of the Maximum Family Benefit and how much in Dollars it is.  I’m aware that it’s not my income but theirs and it’s tax free and I’m also not required to keep records.  That requirement passed.  The CO did ask for a Joint Sponsor but he didn’t know I had a new Benefits Letter for 2023.  Hopefully he accepts the new Benefit which exceeds the required amount.  Thanks, Marc

[Mdvivori 42]

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.

[Mdvivori 42]

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.