DQ’d but received FE Notice Insufficient Income

[Coleo67 1]

Hello All. We were DQ’d yesterday but received the confusing note below. I am the primary petitioner/ sponsor for UK husband. We are using my father whom we will be living with as a household member/sponsor. I filed a I 864 and my father submitted a I 864 A. My father’s income is 5x more than the poverty level guidelines. We both submitted our tax transcripts and because my father’s tax returns are married/filing jointly, he also submitted his W-2 forms for the past three years. All of our documents were accepted. However, as the note says below,NVC is saying our income is insufficient. Has anyone faced a similar issue? Does anyone have any advice? Thank you in advance. 

 

Case FE Review Note
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.

[Crazy Cat 41,806]

Sounds like your income, alone, is insufficient.  I would ask Father to submit an I-864 as the Joint Sponsor, not as a family member.  Upload and take father's I-864 and evidence of father's CURRENT annual income to the interview.  W-2s are not evidence of current income.  They are evidence of past income.  Good luck. (Note:  Also be prepared to present an I-864a from Father's spouse).

Edited September 26 by Crazy Cat

[Coleo67 1]

Thank you for your response! My father filled out the I 864A as a household member because I reside with him and my spouse will also reside with him when he comes to the US. This was our understanding of what we were supposed to do. Are you saying that it would be better for him to complete  the I 864  even though we share the same residence?  

[Crazy Cat 41,806]

1 hour ago, Coleo67 said:

Thank you for your response! My father filled out the I 864A as a household member because I reside with him and my spouse will also reside with him when he comes to the US. This was our understanding of what we were supposed to do. Are you saying that it would be better for him to complete  the I 864  even though we share the same residence?  

I think it would be better.  Rather than combining his income with your income, he can be a full joint sponsor even if under the same household.  It sounds like he is a well-qualified Joint Sponsor.  Of course, as the primary sponsor, you also must provide an I-864 (as you have already done).

Edited September 26 by Crazy Cat

[Coleo67 1]

That makes sense. I did a little more research and read that consular officers prefer the I 864 over the I 864A. Thank you for pointing us in this direction. 
 

One other question if you don’t mind, given that we’ve already been DQ’d, should we hold off on uploading the I 864 and have spouse bring it to the interview with any additional supporting documents? Our concern is that uploading it now could impact our DQ date, cause confusion, or delay processing in some other way. Thank you again!

[Crazy Cat 41,806]

29 minutes ago, Coleo67 said:

That makes sense. I did a little more research and read that consular officers prefer the I 864 over the I 864A. Thank you for pointing us in this direction. 
 

One other question if you don’t mind, given that we’ve already been DQ’d, should we hold off on uploading the I 864 and have spouse bring it to the interview with any additional supporting documents? Our concern is that uploading it now could impact our DQ date, cause confusion, or delay processing in some other way. Thank you again!

Sometimes, Consulate Officers will ask for it to be uploaded anyway.  Uploading it now will prevent that delay.  You are already DQ and in line for an interview date.

[Coleo67 1]

Thank you!

[Coleo67 1]

Hello again. I’ve been (over) thinking about this.   think it’s because we don’t know how NVC, consulate, etc operate. If we upload a I 864  for my dad, wont that be contradictory given that we already uploaded an I 864A for him? As I read it, on the I 864 instructions, one of the qualifications is that you are not a household member. Or does this not matter? Thanks again, so appreciate your insight and expertise. 
 

[Crazy Cat 41,806]

37 minutes ago, Coleo67 said:

Or does this not matter?

Doesn't matter.  Just explain that Father is full Joint sponsor with qualifying income at interview.

[Coleo67 1]

Okay! Thanks again!

 

[Coleo67 1]

Circling back around again on I 864 and father become a joint sponsor and complete I 864 ( instead of a household member with an I 864Aa). Given that I have listed him as a household in Part 6 of the I 864, would I have to submit a new I 864 given that we are going to have him upload an i864 as joint sponsor?  Thanks for your time!