Does Income Matter at Embassy Phase? Gross or Adjusted Gross?

06 Jul 2018

“Once the USCIS and NVC approves the case, and the case is mailed out to the beneficiary’s local embassy for interview, should the interviewer still look at adjusted gross income or gross income?”

For the fiance visa, absolutely. Because they don’t even look at income until the embassy. So for a fiance visa, which is technically a non-immigrant visa, it’s the adjudicator at the embassy and their staff, who evaluate your finances. So that will be the first and last time your finances are looked at for a fiance visa. For other immigrant visas, like a spousal visa, the NVC is going to look at it. So you’ll never get to the embassy interview stage until your finances have been approved and then they will not review them again at the embassy. It’s possible they could, however, we haven’t heard of this being a common thing. If you’re on a CR1, IR2, IR5, or one of those family visas where you’ve submitted your affidavit of support to the National Visa Center and now you’ve cleared the National Visa Center and they send it to the embassy, you’re usually, at that point, past your financial obligations.

If you take too long, utilizing extensions, from the NVC stage until you interview, they might want to look again and make sure you’re still employed. It’s possible, but it would be unusual, it’s not normally the case.

The original question also touched on whether or not they look at gross income, and adjusted gross income. A lot of that has to do with your sponsor’s employment status. In most cases, if you’re just a regular W2 employee, you’re going to be looking at gross income. If you’re self-employed, an independent contractor, then they’re probably going to be looking at adjusted gross income. Also if you filed a 1040 form with the IRS, then you’re also using adjusted gross income as well. So, to answer your question, we’d have to know the employment status, whether they’re an employee, or they’re a business owner, or an independent contractor, and we’d also need to know look at the tax returns and see which type of tax returns that they filed.

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