Mdvivori

Greetings to all who have followed this Journey. My Wife received her IR1, 1 yr temporary Permanent Visa on June 14th. This was a week after being told I needed a Joint Sponsor. She took the Children for their Embassy Interview today and was yet again told I needed a Joint Sponsor. She was also told that on June 7th at her interview but they accepted my 2023 SS Benefits Letter which we sent to the Embassy via LBC Courier which shows a few hundred more than the minimum requirement of $37,500 for a family of 4. We don’t know, but don’t believe that the CO today was aware of the new I-864 and SS Benefits Letter we submitted for my wife which she uploaded to hers and the children’s Immigration file. The CEAC Site shows “Submitted” but not yet “Accepted” for the new I-864 and the new Benefits Letter. Is it possible the Embassy would approve my wife but not the children? My wife said the CO was polite but not interested in any feedback. We’re still a family of 4 so it makes no sense to approve my wife but not the kids. This doesn’t make sense. I just wrote another cover letter explaining how I didn’t realize that my income dipped below the current Minimum Requirement that increased on March 1, 2023, but my current income exceeded the Immigration Guideline. Just for fun I added that they would also have SS Children’s Benefits of $1,250 each for the next 9 and 11 year’s respectively. I realize it’s not my income but if their concern is the Children not becoming dependent on the Government this should logically alleviate any concern. Most people can take care of their children for $1,250 each tax free.

Minor children and stepchildren of SS Recipients are eligible for Children’s Benefits of 80% of the FRA Benefits. In my case that’s $2,500 total or $1,250 each until they graduate from HS in 9 and 11 years respectively. Google SS Children’s Benefits and look up SS Form SSA-4-BK. It’s a great benefit for families with an older father or mother. The Benefit is calculated on the FRA Benefit even if the recipient filed at 62. It’s huge. 30k a year goes a long way to support kids.

More00, I just went online to MySSA and printed my 2023 Benefits Letter. I hadn’t realized that the Minimum Income increased on March 1, 2023 so they had my 2022 Letter which was no longer adequate. There was an 8.7% increase starting with the January check. I was fortunate to be able to just barely meet the requirement after they told my wife last week I needed a Joint Sponsor. The Embassy received my new SS Letter on the 13th, approved the Visa on the 14th and notified us this morning and we received the Passport with the Visa shortly thereafter. That’s the quickest anything has happened in 716 days. Anyway, on my latest I-864 I remitted on the 13th it showed 2020, 21 and 22 SSA 1099’s, my 2021, 1040 and my 2022 Tax extension along with my 2023 SS Benefits Letter. My SS Income is $37,848, just slightly more than the $37,500 minimum required for a family of 4. My experience tells me if you’re short you will need a Joint Sponsor. Good luck.

Actually my wife just told me that it’s on her Medical that she must leave by August 26th. They tested her for TB because she had it over 6 years ago. She was hospitalized and underwent a 6 month drug protocol and was “Cured” but they tested her anyway. That was a 2 month delay. So we will plan to leave after the kids are interviewed next week. We should have their Visas by Friday the 23rd.

Her initial Medical was 03/29 but she had to have a Sputum Test which was negative and she didn’t complete her medical including Immunizations until 05/31. Maybe they counted from day 1 of her medical but that would be the end of September. Regardless we’ll have to do what they ask. As to Lemonslice’s point, yes we will make up the additional ticket cost very quickly but it’s a cash flow or timing issue. We have significant day 1 costs. Apartment Deposit and 1st month, down payment on car, etc, etc. We will manage if we need to. Thanks.

The children have their rescheduled interviews on Tuesday. I’m not concerned at all about them now. The CO knew they were included. I do have one concern though. My Wife’s Visa says it was issued June 14th which was the day after they received my new Income verification but it Expires on August 26th. I thought we had 6 months to enter the USA. We have inexpensive tickets that we can’t use until September 12, when Summer airfares drop. If we must rebook now it will cost us another $4k. Thoughts?

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.

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…

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.

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

What happened? Did you get Visa’s?

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.

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.”

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

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.

Redro, just that our case was DQ’d.

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.

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.

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.

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

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.

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

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?

That’s definitely an option. It might be our best option if they don’t accept my Current benefits letter. Thanks for the reply.

How and why would adoption help? It’s a multi year process here? As my stepchildren the are entitled to SS Children’s Benefits once they are on US Soil. I plan on adopting them but in the USA where it’s easier. Philippine law is difficult, time consuming and expensive, intentionally I believe.