self sponsoring

[CutienPurg 0]

My husband is going to attempt showing he can sponsor himself for his K-3. He will be going through Montreal. He will be using his military pension as well as cash and investments of around $35,000.00 US. He has a certified copy of his pension projection which indicates his income will be sufficient to support himself( actually it will support 2 people).

Are there any other documents we may need or anything we can provide to strengthen his claim? If in the case we come across an officer who isn't quite" up to speed" regarding the rules of self sponsorship is there anything we can offer to show it is allowed(assuming it is)?

We do have an I-134 prepared just in case.

[YuAndDan 153]

The Embassy site in London explains what to do very nicely:

Applicants Own Funds

An applicant who expects to be able to meet the public charge provisions of the law through personal financial resources may submit to the consular officer evidence of funds or income from one or more of the following sources:

• bank statement showing present balance of applicant's account, date account was opened, the number and amount of deposits and withdrawals during the past 12 months, and the average balance during the year. If there have been recent unusually large deposits, an explanation thereof should be given;
  
• proof of ownership of property or real estate, in the form of a title deed or the equivalent and a letter from a lawyer, or real estate agent showing its present valuation (any mortgages or loans against the property must be stated);
  
• letter or letters verifying ownership of stocks and bonds, with present market value or expected earnings indicated;
  
• statement from insurance company showing policies held and present case surrender value;
  
• proof of income from business investments or other sources.
  

If the financial resources are derived from a source outside the United States, a statement as to how the funds or income are to be transferred to the U.S. must be provided.

http://london.usembassy.gov/cons_new/visa/iv/faffidavit.html

I would still have the I-134 prepared and handy for the interview since they may still want to know about if the petitioner can provide evidence when they provide USCIS with I-864 as part of adjustment of status in the states.

[CutienPurg 0]

Thanks YuandDan......I have read the information in the link you provided. I knew London was liberal with their self sponsoring policy but the question I had was; is this a consulate specific policy? If it is not specific to London, does each consulate have the discretion to implement the policy and where would I find specific guidelines to the policy?

[Yodrak 7]

CutienPurg,

See 9 FAM 40.41 (Public Charge) Notes, N4 in particular N4.6-2.

Yodrak

My husband is going to attempt showing he can sponsor himself for his K-3. He will be going through Montreal. He will be using his military pension as well as cash and investments of around $35,000.00 US. He has a certified copy of his pension projection which indicates his income will be sufficient to support himself( actually it will support 2 people).

Are there any other documents we may need or anything we can provide to strengthen his claim? If in the case we come across an officer who isn't quite" up to speed" regarding the rules of self sponsorship is there anything we can offer to show it is allowed(assuming it is)?

We do have an I-134 prepared just in case.

[YuAndDan 153]

The like to that is: http://foia.state.gov/masterdocs/09fam/0940041N.pdf (This is the policy that the consular officers follow)

CutienPurg,

See 9 FAM 40.41 (Public Charge) Notes, N4 in particular N4.6-2.

Yodrak

My husband is going to attempt showing he can sponsor himself for his K-3. He will be going through Montreal. He will be using his military pension as well as cash and investments of around $35,000.00 US. He has a certified copy of his pension projection which indicates his income will be sufficient to support himself( actually it will support 2 people).

Are there any other documents we may need or anything we can provide to strengthen his claim? If in the case we come across an officer who isn't quite" up to speed" regarding the rules of self sponsorship is there anything we can offer to show it is allowed(assuming it is)?

We do have an I-134 prepared just in case.

[CutienPurg 0]

Thanks to you both

[CutienPurg 0]

OK so here's the deal......

I read over the 9 FAM 40.41 (Public Charge) Notes. In addition to that publication, I also read the optional form OF-167 in which it states;

APPLICANT'S OWN FUNDS

An applicant who expects to be able to meet the public charge provisions of the law through personal financial resources may

submit to the consular officer evidence of funds or income from one or more of the following sources:

I. Statement from a senior officer of a bank showing present balance of applicant's account, date account was opened,

the number and amount of deposits and withdrawals during the past 12 months, and the average balance during the

year (if there have been recent unusually large deposits, an explanation therefore should be given);

2. Proof of ownership of property or real estate, in the form of a title, deed or the equivalent, and a letter from a

lawyer, banker or responsible real estate agent showing its present valuation (any mortgages or loans against the

property must be stated);

3. Letter or letters verifying ownership of stocks and bonds, with present market value or expected earnings

indicated;

4. Statement from insurance company showing policies held and present cash surrender value;

5. Proof of income from business investments or other sources.

Numbers 1 ,3 & 5 would apply in our situation. The Montreal consulate does not include the optional OF-167 in either packet 3 or packet 4 even though Vancouver does. One would think the ability to support oneself should not vary based on which half of the country you reside in.

SO.......we emailed the Montreal Consulate and asked specifically what documentation they would require to recognize my husband's pension as self supporting income.

Their response was " your sponsor will need to fill out an I-134 ".

What that says to me is they refuse to recognize an immigrant's ability to sponsor himself regardless of what the DOS has outlined.

Im not sure if we can take a position on this with the consulate. I guess I'm frustrated that we have been left to believe we have no right to argue our case for fear it may jeopardize getting the visa.

Do we have a position?If so, how much leeway do we have to present our position?

Edited March 30, 2007 by CutienPurg

[Yodrak 7]

CutienPurg,

You have a position, and your question is a good one. A better one might be, keeping your eye on the objective how strongly do you want to pursue your position if the particular consular officer is reluctant to hear it?

Maybe the person who responded to your e-mail knew what they were taking about, but's quite possible that the person, like most VJers, believes that a sponsor and an I-134 are always required simply because that's the usual situation. Even an experienced person may not know what is possible if they've never seen it happen.

My suggestion is that your husband document his income and assets and demonstrate that he will receive the income in the USA and how he will move the assets to the USA or will access them from the USA. Have on hand also the relevant sections of the FAM and the OF-167 (today designated DS-2000).

Have on hand also your financial package including I-134. (You're going to have to assemble this stuff anyway, with an I-864, for his adjustment of status.) If they want it, give it to them. The last person your husband wants to make an enemy of by arguing with them is the consular officer who will decide the visa.

And stop calling it "self-sponsorship" - it isn't. It's 'no sponsor required'.

Yodrak

....

Do we have a position?If so, how much leeway do we have to present our position?

Edited March 30, 2007 by Yodrak

[CutienPurg 0]

You're absolutely right Yodrak. The goal is to obtain a visa, not win a pissing matching. I suppose I just get frustrated by the fact that they can be wrong and win.

We have the I-134 package together. My finances, although more than adequate, are not as straight forward as my husbands. At the very least, his income will support mine.

OH and I could have SWORN I got the term " self sponsoring" from you

Thanks for your words