Fighting Back Against NVC I-864 Nitpicking

[shippingforecast 126]

Just thought I would share some information I came across whilst trying to research the NVC backlog for my immigration blog. Firstly - apologies if this information is old hat, I did a fairly comprehensive search for similar threads but couldn't find anything specifically pertaining to the below.

We sent our IV and AOS paperwork into the NVC thirty-one days ago now, and like other users riding out their sixty day wait, are absolutely terrified at the thought of receiving a checklist and having to wait a further sixty days, which we can ill afford. We are mostly worried about the I-864 and supporting documentation for AOS, despite having checked the form several times over, with a fine toothed comb so to speak.

Whilst researching for a future blog article, I came across the minutes for the most recent meeting between the American Immigration Lawyer's Association and the National Visa Center, which was held on November the 4th, 2014. The minutes were revised by the Department of State and uploaded to travel.state.gov in December. The minutes don't really provide any information on the backlog that hasn't been discussed ad nauseam on this site before - but the following points around the I-864 make an interesting read, as I recall seeing a fair amount of posts in which users have been subject to the same issues.

Hopefully, the below answers given by the NVC to questions posed by the AILA might be able to assist some users that have reported AOS checklists for minor discrepancies - chiefly leaving non applicable fields blank, total income not matching income on tax returns, etc. I am of the opinion that if we do indeed receive a checklist for something along these lines, I will take the time to contact the NVC, ask to speak to a supervisor and cite the below points to them, as applicable, as well as contacting our state representatives.

Why? Because I am tired of logging into this forum and seeing families kept apart longer than necessary for small mistakes such as leaving non applicable fields blank that have absolutely no bearing whatsoever on the outcome of the case.With that in mind, arm yourselves with information and challenge the NVC when they fail to follow their own purported policies and guidelines. If we can alter the way in which even one overly narrow-minded pencil pusher approaches their work in applying common sense and reasonable judgment, we may spare thousands of families the agony of being placed at the back of the queue for next to nothing at all. In the NVC's very own words, below - all the sponsor needs to do is prove that they make enough to support their household and the intending immigrant, and nothing more.

The more salient points are highlighted. Though this meeting pertains to cases with lawyers attached, it is a reasonable assumption that processes and procedures discussed below are applied to all cases. The minutes in their entirety can be found here; http://travel.state.gov/content/dam/visas/AILA/AILA%20NVC%20November%202014.pdf

Happy reading and good luck.

Affidavits of Support, Form I-864

AILA: Members report receiving correspondence from the NVC, including the returned Form I-864, Affidavit of Support, requesting that all blank spaces on the form be filled with “N/A” rather than left blank. According to the Form I-864 instructions, if an item on the I-864 is “not applicable” or the answer is “none,” the sponsor is to leave the space blank. Please confirm that the NVC does not require “N/A” or “None” to be placed in all blank spaces on Form I-864.

NVC Answer: Confirmed

AILA: AILA members report numerous situations in which the NVC has returned Forms I-864, Affidavit of Support, when there is a discrepancy between the sponsor’s current income and the income indicated on the sponsor’s last filed federal income tax return. Under INA §213A(f)(1)(E), a sponsor must simply demonstrate “the means to maintain an annual income equal to at least 125 percent of the Federal poverty line” based on his or her household size. Moreover, there are many legitimate reasons why a sponsor’s current income will not match the income reported on the lastfiled tax return. Please confirm that sponsors are only required to submit documentation sufficient to demonstrate that they are able to maintain an annual income equal to at least 125 percent of the Federal poverty guidelines for his or her household size which includes the sponsored alien, and that it is not necessary for the sponsor’s current income to match the amount reported on the last federal income tax return.

NVC Answer: Confirmed. Please note that the Department of State Visa Office has recently reviewed the NVC’s I-864 processes and procedures and has identified some areas where changes will be made. Moving forward, if the NVC determines that the information submitted is objectively complete and if taken as true would satisfy the affidavit of support requirements, the case should move forward. The goal is to reduce processing delays associated with the “back and forth” between the applicant and the NVC on affidavit of support issues .NVC will work closely with posts to ensure that changes in NVC’s processing do not result in an increased burden on posts (e.g. requests for additional evidence related to the affidavit of support ).

AILA: While data listed on the Affidavit of Support and in the supporting evidence must be accurate and consistent, where the evidence submitted satisfies the statutory requirements and a discrepancy is de minimis, please confirm that examiners are able to and are encouraged to exercise reasonable judgment in allowing the application to move forward.

NVC Answer: Confirmed. This will be addressed as NVC reviews processes and procedures. See above.

[Hotter Otter 1,211]

Just thought I would share some information I came across whilst trying to research the NVC backlog for my immigration blog. Firstly - apologies if this information is old hat, I did a fairly comprehensive search for similar threads but couldn't find anything specifically pertaining to the below.

We sent our IV and AOS paperwork into the NVC thirty-one days ago now, and like other users riding out their sixty day wait, are absolutely terrified at the thought of receiving a checklist and having to wait a further sixty days, which we can ill afford. We are mostly worried about the I-864 and supporting documentation for AOS, despite having checked the form several times over, with a fine toothed comb so to speak.

Whilst researching for a future blog article, I came across the minutes for the most recent meeting between the American Immigration Lawyer's Association and the National Visa Center, which was held on November the 4th, 2014. The minutes were revised by the Department of State and uploaded to travel.state.gov in December. The minutes don't really provide any information on the backlog that hasn't been discussed ad nauseam on this site before - but the following points around the I-864 make an interesting read, as I recall seeing a fair amount of posts in which users have been subject to the same issues.

Hopefully, the below answers given by the NVC to questions posed by the AILA might be able to assist some users that have reported AOS checklists for minor discrepancies - chiefly leaving non applicable fields blank, total income not matching income on tax returns, etc. I am of the opinion that if we do indeed receive a checklist for something along these lines, I will take the time to contact the NVC, ask to speak to a supervisor and cite the below points to them, as applicable, as well as contacting our state representatives.

Why? Because I am tired of logging into this forum and seeing families kept apart longer than necessary for small mistakes such as leaving non applicable fields blank that have absolutely no bearing whatsoever on the outcome of the case.With that in mind, arm yourselves with information and challenge the NVC when they fail to follow their own purported policies and guidelines. If we can alter the way in which even one overly narrow-minded pencil pusher approaches their work in applying common sense and reasonable judgment, we may spare thousands of families the agony of being placed at the back of the queue for next to nothing at all. In the NVC's very own words, below - all the sponsor needs to do is prove that they make enough to support their household and the intending immigrant, and nothing more.

The more salient points are highlighted. Though this meeting pertains to cases with lawyers attached, it is a reasonable assumption that processes and procedures discussed below are applied to all cases. The minutes in their entirety can be found here; http://travel.state.gov/content/dam/visas/AILA/AILA%20NVC%20November%202014.pdf

Happy reading and good luck.

Affidavits of Support, Form I-864

AILA: Members report receiving correspondence from the NVC, including the returned Form I-864, Affidavit of Support, requesting that all blank spaces on the form be filled with N/A rather than left blank. According to the Form I-864 instructions, if an item on the I-864 is not applicable or the answer is none, the sponsor is to leave the space blank. Please confirm that the NVC does not require N/A or None to be placed in all blank spaces on Form I-864.

NVC Answer: Confirmed

AILA: AILA members report numerous situations in which the NVC has returned Forms I-864, Affidavit of Support, when there is a discrepancy between the sponsors current income and the income indicated on the sponsors last filed federal income tax return. Under INA §213A(f)(1)(E), a sponsor must simply demonstrate the means to maintain an annual income equal to at least 125 percent of the Federal poverty line based on his or her household size. Moreover, there are many legitimate reasons why a sponsors current income will not match the income reported on the lastfiled tax return. Please confirm that sponsors are only required to submit documentation sufficient to demonstrate that they are able to maintain an annual income equal to at least 125 percent of the Federal poverty guidelines for his or her household size which includes the sponsored alien, and that it is not necessary for the sponsors current income to match the amount reported on the last federal income tax return.

NVC Answer: Confirmed. Please note that the Department of State Visa Office has recently reviewed the NVCs I-864 processes and procedures and has identified some areas where changes will be made. Moving forward, if the NVC determines that the information submitted is objectively complete and if taken as true would satisfy the affidavit of support requirements, the case should move forward. The goal is to reduce processing delays associated with the back and forth between the applicant and the NVC on affidavit of support issues .NVC will work closely with posts to ensure that changes in NVCs processing do not result in an increased burden on posts (e.g. requests for additional evidence related to the affidavit of support ).

AILA: While data listed on the Affidavit of Support and in the supporting evidence must be accurate and consistent, where the evidence submitted satisfies the statutory requirements and a discrepancy is de minimis, please confirm that examiners are able to and are encouraged to exercise reasonable judgment in allowing the application to move forward.

NVC Answer: Confirmed. This will be addressed as NVC reviews processes and procedures. See above.

Some interesting reading there, thanks for sharing for everyone to read. The situation at NVC at the moment is awful, fingers crossed for you that you don't get a checklist.

P.S. good blog mate!

[Nich-Nick 3,353]

Very interesting post. I don't follow IR1/CR1 cases or their processing at NVC, so I am surprised to hear they have actually been rejecting I-864s for these points. The I-864 instructions and other memos on the Public Charge aspect of immigration seem pretty clear that some worker bees at NVC have it wrong. I would fight them too if in a position to do so.

[shippingforecast 126]

I've been through the five stages of mourning in relation to the NVC backlog; now, I just accept that it takes as long as it takes. They simply do not have the resources to handle the amount of approved petitions from USCIS. Either not enough was done at the time to prepare for the influx, or nothing could be done for whatever reason. That's happened now, and no amount of balling and getting red in the face can change it.

What CAN be changed is the attitude of some of the workers there that make unreasonable decisions placing families in dire circumstances and further bloating the frankly abominable processing times - either because they don't understand the consequences of their decisions, or simply are too apathetic to care. Like I said above, I'm just plain sick of things like this keeping people apart, and I think we need to stand up and fight our corner to effect change and fair treatment.

[Honey&Bunny 12]

I've been through the five stages of mourning in relation to the NVC backlog; now, I just accept that it takes as long as it takes. They simply do not have the resources to handle the amount of approved petitions from USCIS. Either not enough was done at the time to prepare for the influx, or nothing could be done for whatever reason. That's happened now, and no amount of balling and getting red in the face can change it.

What CAN be changed is the attitude of some of the workers there that make unreasonable decisions placing families in dire circumstances and further bloating the frankly abominable processing times - either because they don't understand the consequences of their decisions, or simply are too apathetic to care. Like I said above, I'm just plain sick of things like this keeping people apart, and I think we need to stand up and fight our corner to effect change and fair treatment.

I am so glad that I came across this post. Thank you for replying to my question before. I am THE QUEEN OF CHECKLISTS from NVC. I have been submmitting my AOS since August, 2014. I have gotten FOUR checklists since then for documents that I HAVE ALREADY SUBMMITED many times with proof from the post office, and whenever I contact them, their claim is that they never received them. IT IS ABSOLUTELY FRUSTRATING because I feel like I complete IDIOT! THEY ARE MISERABLE PEOPLE WITH SUPERIORITY COMPLEX. Thank you so much for this information because is very helpful.

[Jdavid 0]

I know it's been awhile, but I'm now at the AOS stage and I'm curious as to see if anyone is still having problems with the NVC receiving checklists for the I-864. Leaving spaces blank or filling N/A or NONE when not supposed to. If so how would be a acceptable way to fill the I-864, without getting checklisted?

Thank you for any response.

[Thesmiths2016 117]

On 10 February 2015 at 2:38 AM, Honey&Bunny said:

I am so glad that I came across this post. Thank you for replying to my question before. I am THE QUEEN OF CHECKLISTS from NVC. I have been submmitting my AOS since August, 2014. I have gotten FOUR checklists since then for documents that I HAVE ALREADY SUBMMITED many times with proof from the post office, and whenever I contact them, their claim is that they never received them. IT IS ABSOLUTELY FRUSTRATING because I feel like I complete IDIOT! THEY ARE MISERABLE PEOPLE WITH SUPERIORITY COMPLEX. Thank you so much for this information because is very helpful.

OH MY GOSH! I feel for you, that's an incredibly long time and a lot of checklists.  Have you tried getting your congress involved?  That's a ridiculous amount of submissions.  Perhaps they will allow you to email a copy given the history?  I take photos of my packages before I send them so I have proof I was physically at the post office with them .... haven't had to use it yet but it's just me covering myself if the same situation came up. 

[Penguin_ie 5,986]

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