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-   -   i-864 income incorrectly rejected as "not meeting minimum" (https://britishexpats.com/forum/marriage-based-visas-35/i-864-income-incorrectly-rejected-not-meeting-minimum-946647/)

epiphanyuk Jan 6th 2023 6:26 pm

i-864 income incorrectly rejected as "not meeting minimum"
 
Hello all. All the documents submitted in CEAC recently changed to "accepted". However, we received the following message:

"This case does not meet the minimum income requirement to sponsor the intending immigrants. 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. The consular officer will make a decision regarding this requirement at the time of the interview."

It seems as if they have overlooked that my (the applicant's) income is included on i-864 as part of household income, as it will continue from the same source following PR status (proof has been provided of this and part of the now accepted documents). The total on i-864 is clearly well above the required income threshold, so I'm unsure why they have sent us this message.

I'm unsure what to do. We are having difficulty finding a joint sponsor. But the point is, given that the applicant's income is eligible to be included in our case, we shouldn't need one. I have proved that the income will continue from the same source and covers the minimum income, but they are still saying "minimum income requirements not met".

Would uploading a letter explaining the above help in getting this case to the interview stage?

SanDiegogirl Jan 6th 2023 6:30 pm

Re: i-864 income incorrectly rejected as "not meeting minimum"
 
Are you self employed and billing a US company from the UK?

I ask as in earlier posts you say you receive income in US dollars which are then converted into GBP once in the UK.

.... and if as above what did you present to USCIS to prove income?

epiphanyuk Jan 6th 2023 6:58 pm

Re: i-864 income incorrectly rejected as "not meeting minimum"
 
I'm self employed and all income is derived online through website advertising, e-course sales, Patreon etc. (this is what will continue as it is remotely operated). I provided statements of all the payouts received for the past few years, plus tax returns for the same. I also wrote a covering letter detailing the sites and platforms I operate and used the IRS currency conversion guidelines to give an annual income summary in USD.

I'm not sure what else I could provide but I would have expected a message of "more proof of income required" if I was lacking proof in some way.

S Folinsky Jan 6th 2023 8:56 pm

Re: i-864 income incorrectly rejected as "not meeting minimum"
 

Originally Posted by epiphanyuk (Post 13163900)
Hello all. All the documents submitted in CEAC recently changed to "accepted". However, we received the following message:

"This case does not meet the minimum income requirement to sponsor the intending immigrants. 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. The consular officer will make a decision regarding this requirement at the time of the interview."

It seems as if they have overlooked that my (the applicant's) income is included on i-864 as part of household income, as it will continue from the same source following PR status (proof has been provided of this and part of the now accepted documents). The total on i-864 is clearly well above the required income threshold, so I'm unsure why they have sent us this message.

I'm unsure what to do. We are having difficulty finding a joint sponsor. But the point is, given that the applicant's income is eligible to be included in our case, we shouldn't need one. I have proved that the income will continue from the same source and covers the minimum income, but they are still saying "minimum income requirements not met".

Would uploading a letter explaining the above help in getting this case to the interview stage?

Hmm. When I was in practice, I had clients whose first language was other than English. It appears to me that you have misunderstood the notice.

There is a slang term in American law and politics, "kick the can." The decision will be by the Consular Officer.

Noorah101 Jan 6th 2023 10:23 pm

Re: i-864 income incorrectly rejected as "not meeting minimum"
 

Originally Posted by epiphanyuk (Post 13163913)
I'm self employed and all income is derived online through website advertising, e-course sales, Patreon etc. (this is what will continue as it is remotely operated). I provided statements of all the payouts received for the past few years, plus tax returns for the same. I also wrote a covering letter detailing the sites and platforms I operate and used the IRS currency conversion guidelines to give an annual income summary in USD. I'm not sure what else I could provide but I would have expected a message of "more proof of income required" if I was lacking proof in some way.

Self employed folks should include quarterly profit/loss statements as proof. Remember, only your profit from the business can be counted as income... not the total business income. So, for example, if the business earns $50,000 a year, but you have $20,000 in business expenses, only the remaining $30,000 can be counted on the I-864.

​​​​​​​Rene

epiphanyuk Jan 7th 2023 2:53 am

Re: i-864 income incorrectly rejected as "not meeting minimum"
 

Originally Posted by S Folinsky (Post 13163925)
Hmm. When I was in practice, I had clients whose first language was other than English. It appears to me that you have misunderstood the notice.

There is a slang term in American law and politics, "kick the can." The decision will be by the Consular Officer.

The only part I don't understand is "This case does not meet the minimum income requirement to sponsor the intending immigrants". It does meet the minimum income requirements.

But thank you. I guess it's ultimately down to the Officer to decide. It's just so frustrating to get this notice when it's written in the rules that intending immigrant's income can be included under circumstances that we meet.

epiphanyuk Jan 7th 2023 2:54 am

Re: i-864 income incorrectly rejected as "not meeting minimum"
 

Originally Posted by Noorah101 (Post 13163932)
Self employed folks should include quarterly profit/loss statements as proof. Remember, only your profit from the business can be counted as income... not the total business income. So, for example, if the business earns $50,000 a year, but you have $20,000 in business expenses, only the remaining $30,000 can be counted on the I-864.

Rene

Absolutely. Only the profit was included. They've basically just ignored my income.

S Folinsky Jan 7th 2023 7:06 pm

Re: i-864 income incorrectly rejected as "not meeting minimum"
 
BTW, when I was in practice, I often found the I-864 and I-864A forms to be somewhat confusing and tricky to complete. And no one here has seen the I-864 and I-864A forms you and your spouse have submitted.

You may very well have made an error in completion of those two forms.


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