How does Guangzhou typically view assets used to supplement income?

[andrew_qin]

A couple of days ago I received a notice from NVC. They requested me to send in evidence of my self-employment and they informed me:

 

"Please be advised that you, as the Petitioner, do not appear to meet the minimum income requirement according to the current poverty guidelines to sponsor the intending immigrant(s) for this petition. The consular officer will make a decision regarding this requirement at the time of your interview. In order to avoid delays, you may wish to submit an addtional Affidavit of Support (Form I-864) fora Joint Sponsor to the National Visa Center to assist in sponsoring the intending immigrants."

 

Apparently, the NVC is not considering my current business income because of business losses from previous years that have been carried forward to my 2010 1040 Tax Return. If my current income is not considered, I must rely on assets as my only means for sponsoring my wife. I've declared checking account balances amounting to $60,000 and real estate equity (residential and commercial property) at $450,000, with solid evidence of their value. According to the I-864 instruction sheet I should have more than enough to sponsor my wife on my declared assets alone, yet NVC is advising me to get a joint sponsor.

 

Does anyone know if it is standard procedure for the NVC to issue advice about joint sponsorship whenever income does not meet the 125% poverty guidelines (regardless of the value of assets used to supplement income)? Does anyone have knowledge of other CFL members who declared assets as a supplement to their income? Since, according to the notice, the decision on the matter will be made at the time of the interview, how has Guangzhou consulate historically dealt with such cases?

 

I do not have the option to find a joint sponsor, so my own financial situation will have to suffice. My financial ability to support my wife is obvious, but that is not evident if only Line 22 of the 1040 is given consideration. I was advised to seek an attorney to address the matter, but I don't want to do that prematurely.

 

I'd appreciate your input.

[dnoblett]

Will need a joint sponsor or use asseets that can be easily liquidated.

 

Assets are only worth 1/3 income, so if income falls short by $2000, then you need to show at least $6000 in assets.

 

Assets need documentation of value, for example can use a car as an asset, however it cannot be your primary or only car, I have a collector car worth about $4000 I could use as an asset. A second home or a rental property can be used as an asset.

[Randy W]

A couple of days ago I received a notice from NVC. They requested me to send in evidence of my self-employment and they informed me:

 

"Please be advised that you, as the Petitioner, do not appear to meet the minimum income requirement according to the current poverty guidelines to sponsor the intending immigrant(s) for this petition. The consular officer will make a decision regarding this requirement at the time of your interview. In order to avoid delays, you may wish to submit an addtional Affidavit of Support (Form I-864) fora Joint Sponsor to the National Visa Center to assist in sponsoring the intending immigrants."

 

Apparently, the NVC is not considering my current business income because of business losses from previous years that have been carried forward to my 2010 1040 Tax Return. If my current income is not considered, I must rely on assets as my only means for sponsoring my wife. I've declared checking account balances amounting to $60,000 and real estate equity (residential and commercial property) at $450,000, with solid evidence of their value. According to the I-864 instruction sheet I should have more than enough to sponsor my wife on my declared assets alone, yet NVC is advising me to get a joint sponsor.

 

Does anyone know if it is standard procedure for the NVC to issue advice about joint sponsorship whenever income does not meet the 125% poverty guidelines (regardless of the value of assets used to supplement income)? Does anyone have knowledge of other CFL members who declared assets as a supplement to their income? Since, according to the notice, the decision on the matter will be made at the time of the interview, how has Guangzhou consulate historically dealt with such cases?

 

I do not have the option to find a joint sponsor, so my own financial situation will have to suffice. My financial ability to support my wife is obvious, but that is not evident if only Line 22 of the 1040 is given consideration. I was advised to seek an attorney to address the matter, but I don't want to do that prematurely.

 

I'd appreciate your input.

 

 

 

It is up to you to PROVE your income. The 1040 is just one piece of evidence that can be used.

 

We had one guy submit an I-864 showing ZERO income, from his tax return. The consulate had had previous dealings with him, due to his export business, so they knew his true income was. He had no problem getting the visa.

 

You might have an accountant draw up a cover sheet for the I-864 to show what your income really is. Put the "obvious" right out there where they will see it.

 

The NVC does not evaluate your income - the consulate does. I'm sure this is just a form letter someone tacked on when they saw the income on your tax return. Even so, I would take it as a warning as to how someone at the consulate may react. You never know. Non-liquid assets may not help your case.

 

Personally, the I-864 is MUCH more of a financial commitment to your relationship than I would ask anyone else to make, but if you can easily get a co-sponsor, you may wish to do so.

Edited June 14, 2011 by Randy W (see edit history)

[andrew_qin]

A couple of days ago I received a notice from NVC. They requested me to send in evidence of my self-employment and they informed me:

 

"Please be advised that you, as the Petitioner, do not appear to meet the minimum income requirement according to the current poverty guidelines to sponsor the intending immigrant(s) for this petition. The consular officer will make a decision regarding this requirement at the time of your interview. In order to avoid delays, you may wish to submit an addtional Affidavit of Support (Form I-864) fora Joint Sponsor to the National Visa Center to assist in sponsoring the intending immigrants."

 

Apparently, the NVC is not considering my current business income because of business losses from previous years that have been carried forward to my 2010 1040 Tax Return. If my current income is not considered, I must rely on assets as my only means for sponsoring my wife. I've declared checking account balances amounting to $60,000 and real estate equity (residential and commercial property) at $450,000, with solid evidence of their value. According to the I-864 instruction sheet I should have more than enough to sponsor my wife on my declared assets alone, yet NVC is advising me to get a joint sponsor.

 

Does anyone know if it is standard procedure for the NVC to issue advice about joint sponsorship whenever income does not meet the 125% poverty guidelines (regardless of the value of assets used to supplement income)? Does anyone have knowledge of other CFL members who declared assets as a supplement to their income? Since, according to the notice, the decision on the matter will be made at the time of the interview, how has Guangzhou consulate historically dealt with such cases?

 

I do not have the option to find a joint sponsor, so my own financial situation will have to suffice. My financial ability to support my wife is obvious, but that is not evident if only Line 22 of the 1040 is given consideration. I was advised to seek an attorney to address the matter, but I don't want to do that prematurely.

 

I'd appreciate your input.

 

 

 

It is up to you to PROVE your income. The 1040 is just one piece of evidence that can be used.

 

We had one guy submit an I-864 showing ZERO income, from his tax return. The consulate had had previous dealings with him, due to his export business, so they knew his true income was. He had no problem getting the visa.

 

You might have an accountant draw up a cover sheet for the I-864 to show what your income really is. Put the "obvious" right out there where they will see it.

 

The NVC does not evaluate your income - the consulate does. I'm sure this is just a form letter someone tacked on when they saw the income on your tax return. Even so, I would take it as a warning as to how someone at the consulate may react. You never know. Non-liquid assets may not help your case.

 

Personally, the I-864 is MUCH more of a financial commitment to your relationship than I would ask anyone else to make, but if you can easily get a co-sponsor, you may wish to do so.

 

 

Your advice is well taken. I have already submitted my I-864 with a thorough and cogent explanation of my income. I guess it is too late now to have my accountant write up a similar document under his credential as an accountant. But I will still have him write up the document and have my wife bring it with her to the interview. I imagine that if eligibility came up as an issue at her interview, the consular officer would be open to receive further documentation.

 

It is encouraging to know that the consular officer will take into consideration the entire picture when evaluating my ability to provide for my wife and not focus on the Line 22 of the 1040 Tax Return to the exclusion of everything else. If I were a kid just starting out in life, I could see myself seeking the help of a parent or elder sibling as a joint sponsor. I'm well beyond that, so I'll be going it alone. I have confidence in my ability to put my case across, and I have confidence that most people engaged in public service have the intelligence and integrity to make the right decisions. I'll have my accountant prepare the document you advised and hope for the best. Thanks for your input.