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Paloma80

CR-1 Visa Interview in Santo Domingo

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This is my first time here and I hope someone can help answer my question. My husband just got his interview date for the CR-1 Visa and we are excited but I am a little bit concerned. When I applied for his visa I had no problem with the affidavit of support as I had a good job and more than sufficient income. I am reading that one of the documents required for his interview is an affidavit of support, I got laid off recently and was wondering if I need a new affidavit or can use the information from the one I submitted when I filed for him. We sent the original to the NVC and I thought they would forward it to the consulate but I guess this wasn't the case. Anyone that can add on to this? I was thinking of using prior information for a new affidavit and use my last year tax returns, I am so worried about this whole thing affecting what we have worked so hard for:( 

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***Moved from Progress Reports to Process & Procedures.***

 

**Moderator hat off**

 

Despite what the notice says, the NVC did forward your other Affidavit of Support forum; I cannot speak to why another one is being required.

 

However, it's a moot point, because the information on the previous paperwork has fundamentally changed (i.e. the source of income is no longer there), that paperwork can no longer be used and a new one is now required.  If you use the prior information, you would be claiming income from a source that no longer is there and that is knowingly submitting false information; doing this will have serious consequences for your spouse.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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In my [recent] case, the consulate packet 4 requested that the beneficiary bring the I-864 (a copy of what was given to NVC)  to the interview. My guess is that this is a backstop in case the NVC neglected to forward.

http://www.ilw.com/immigrationdaily/news/2006,0407-cable.shtm

I-864 is valid indefinitely and consular officials are not to request updates unless they see facts in the file to indicate that there will be a public charge issue.

"If the consular officer determines either that the sponsor's income as of the time the I-864 was signed does not meet the guidelines or that the facts of the case, as supported by evidence in the record, provide a specific reason other than the passage of time, then they should request current year income information and base the determination of the sufficiency of the I-864 upon the additional evidence as it relates to the poverty guidelines for the current year. In addition, the Department has determined that the validity of the I-864 should be considered indefinite, starting from the date the sponsor signs it. Post will no longer be required to ask for new affidavits or updated tax returns simply due to long processing delays between the date of signature and the date of the visa interview."

In reality, if the consular officer asks for updated information, such as proof of employment, or an updated tax return, you will likely have to supply it even though the officer may not be authorized to ask for it. This is simply the way you have to deal with bureaucracy. Unless they know you have lost your job, and you have no obligation to inform them (just an obligation not to lie if asked the question) the I-864 is still valid and will work.  The I-864 is a binding contract, obligating the sponsor to reimburse the government if the beneficiary becomes a public charge. The I-864 previously furnished is sufficient for that purpose.

Out of an abundance of caution, you could either prepare a new one with an adequate sponsor, or get a job paying enough to cover the poverty level guidelines. 

As you may know, a majority of legal immigrants get some public assistance, despite the fact there is an I-864.

 

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aaa2zzz is correct that an I-864 is valid indefinitely, since it is a legally binding contract with the federal government and remains in force until the beneficiary meets the requirements for it to end (e.g., becomes a  US citizen,works 40 quarters) and must only meet the income requirements at the time it was submitted, since it's obvious that the income will change over the course of the validity of the  contract..  Check out 9 FAM 302.8-2(B)(4)(b)(4) re validity, 9 FAM 302.8-2(B)(4)(f)(1)(c)(i) re income only needing to be sufficient at the time of submission, and 9 FAM 302.9-2(B)(4)(f)(1)(c)(iii) re there needing to be a specific reason other than the passage of time for the consular officer to ask for additional evidence of income.

 

That said, the officer is also required to review the "totality of the circumstances" and must be convinced that the visa applicant will not become a public charge based on those circumstances.  Per 9 FAM 302.8-2(B)(2)(a), the officer is supposed to make a reasonable future projection based on the current circumstance, so they may check out what those current circumstances are, although the I-864 is "normally" enough to satisfy the "totality of the circumstance" issue.

 

Simple, right?!

 

In short -- another I-864 is not needed, but the consular officer may ask questions about it and require you  to  submit additional documentation.

Edited by jan22

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