Documentary Qualified, but Living/Working Overseas: Questions about Income/Assets and Intended Address

[Concerned Citizen 0]

Hi everyone, I’m new to this site and have a bit of a complicated situation, which I’d really appreciate your input on. I’ve been living and working in China for the past several years, during which time I got married to my wife, a Chinese citizen, and applied for her to receive a green card via the i-130.

 

A few days ago, we received an email from the NVC stating that “The National Visa Center (NVC) received all of the fees, forms, and documents that are required prior to scheduling your immigrant visa interview at the U.S. Embassy/Consulate General overseas.”

 

However, later I received another message on the CEAC website stating that my reported income was insufficient. While my tax returns show an income well over the required minimum, I assume nearly all of my income was excluded, as it comes from my job overseas (my income from the US itself is minimal.)

 

I do have significant cash assets in Chinese banks (over three times the minimum amount); therefore, I have the following questions:

 

1.      Should that be enough to meet the requirements?

 

2.      Can I prepare documents like my FBAR submission and current bank balances and bring them to the interview, or do I have to send them prior to the interview?

 

3.      If I send them prior to the interview, would that create delays as the new information is being reviewed?

 

4.      Is it okay that they’re held in Chinese bank accounts, since I can withdraw them when the green card is approved?

 

I know it’s standard practice to list a joint sponsor, but I am likely unable to do that, for reasons which raise some other questions I’d like input on, if possible. This is the second potential hurdle I’m facing. Had this process been faster (it’s been nearly two years, if I remember correctly), I could have listed (one of?) my parents as a joint sponsor. However, they are retiring this year, and plan to move overseas.

 

Based on that, I have the following additional questions:

 

5.      Can I list a parent as a joint sponsor, if they will be living outside of the United States?

 

6.      The intended address I listed on i-130 (when asked where we plan to live in the United States) was my parents’ address. However, once they move, I’ll have to update that to my grandmother’s address. How can I do that? Will that cause further delays or issues?

 

Sorry, I know there are a lot of questions here, but any input would be greatly appreciated, even with regard to just one or two of the questions. Thanks so much!

[pushbrk 12,542]

First, what is the exact wording of whatever makes you think you have not met the financial criteria?

 

[Concerned Citizen 0]

9 minutes ago, pushbrk said:

First, what is the exact wording of whatever makes you think you have not met the financial criteria?

 

Hi! I received this message as a notification on the CEAC page at the same exact time as I received the "DOCUMENTARILY QUALIFIED" notice (bold mine):

 

"The income reported as stated on form I-864, I-864A is insufficient to overcome the public charge grounds of inadmissibility for visa issuance. 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 and https://www.uscis.gov/i-864p. A consular officer will decide if you meet these requirements at the time of the interview. Note: You, as the sponsor, and any other sponsors household members and joint sponsors, must provide updated or additional evidence for the applicant to present at the time of their interview such as: * Other income * Assets * Proof of current employment Note: You submitted documentation to the National Visa Center through the Consular Electronic Application Center CEAC. You can continue to upload documents to CEAC up until the date of your visa interview."

[Concerned Citizen 0]

Based on the wording ("may be submitted", "will decide at the time of the interview", "must provide evidence for the applicant to present at the time of their interview"), it seems like it's only required for me to bring documentation to the interview (I plan to bring bank account balances printed/stamped at the banks I hold accounts in, as well as my printouts of my 2023 FBAR submission and tax return), but I'd like to make sure. 

[pushbrk 12,542]

19 minutes ago, Concerned Citizen said:

Based on the wording ("may be submitted", "will decide at the time of the interview", "must provide evidence for the applicant to present at the time of their interview"), it seems like it's only required for me to bring documentation to the interview (I plan to bring bank account balances printed/stamped at the banks I hold accounts in, as well as my printouts of my 2023 FBAR submission and tax return), but I'd like to make sure. 

Yes, this wording describes an option.  If you have plenty of liquid assets and have already declared and documented them, just upload updated information prior to the interview.

[Concerned Citizen 0]

2 minutes ago, pushbrk said:

Yes, this wording describes an option.  If you have plenty of liquid assets and have already declared and documented them, just upload updated information prior to the interview.

Thanks, I have a couple of questions:

1. Would a 2023 FBAR be recent enough? Or do I have to show the current bank balances?

2. Would uploading this prior to the interview cause any delays in scheduling the interview? What I'm concerned about is the interview being delayed until after my parents have moved, and then having to establish domicile in a new location (it's difficult for me to get a new driver's license, etc., as I'm living overseas, so I'd prefer to use my current - already established - domicile if possible.)

[pushbrk 12,542]

Just now, Concerned Citizen said:

Thanks, I have a couple of questions:

1. Would a 2023 FBAR be recent enough? Or do I have to show the current bank balances?

2. Would uploading this prior to the interview cause any delays in scheduling the interview? What I'm concerned about is the interview being delayed until after my parents have moved, and then having to establish domicile in a new location (it's difficult for me to get a new driver's license, etc., as I'm living overseas, so I'd prefer to use my current - already established - domicile if possible.)

Not familiar with the term FBAR.  Wait until the interview is scheduled before uploading any updates.  If you are using liquid assets to qualify, you must document them.

[Ban Hammer 13,083]

1 hour ago, pushbrk said:

Not familiar with the term FBAR.  Wait until the interview is scheduled before uploading any updates.  If you are using liquid assets to qualify, you must document them.

Report of Foreign Bank and Financial Accounts (FBAR)

[Concerned Citizen 0]

Can anyone please share their knowledge of (or experiences with) reporting a change of intended address, and whether that causes delays?

[pushbrk 12,542]

1 hour ago, Concerned Citizen said:

Can anyone please share their knowledge of (or experiences with) reporting a change of intended address, and whether that causes delays?

This is a non-issue.  Just use the new address going forward.

[Concerned Citizen 0]

3 hours ago, pushbrk said:

This is a non-issue.  Just use the new address going forward.

Thanks! One concern I have is that it may be hard for me to prove domicile in the new location, as I am currently overseas and my driver's license, etc. are all in my parents' home state, not my grandmother's.

[OldUser 5,855]

1 hour ago, Concerned Citizen said:

Thanks! One concern I have is that it may be hard for me to prove domicile in the new location, as I am currently overseas and my driver's license, etc. are all in my parents' home state, not my grandmother's.

How about going there and getting the license etc?

Edited July 11 by OldUser

[Concerned Citizen 0]

6 hours ago, OldUser said:

How about going there and getting the license etc?

Hopefully I won't have to do that, since it involves thousands of dollars in costs, plus around 30 hours of travel each way.

[OldUser 5,855]

2 hours ago, Concerned Citizen said:

Hopefully I won't have to do that, since it involves thousands of dollars in costs, plus around 30 hours of travel each way.

How can you prove domicile with outdated DL? Going there, registering to vote at indending address etc etc can only reduce chances of any hiccups in the process.

[pushbrk 12,542]

17 hours ago, Concerned Citizen said:

Thanks! One concern I have is that it may be hard for me to prove domicile in the new location, as I am currently overseas and my driver's license, etc. are all in my parents' home state, not my grandmother's.

Most likely no longer an issue, if you are already documentarily qualified. 😉