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glader0293

Cr1 case I-864ez issue. Please help.

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Hello there.

I recently applied for CR1 visa for my wife from Hong Kong and submitted all the forms I-130, IV fees,etc. I also sent all the documents through email such as birth certificates, I-864ez form, last tax transcript from 2015,etc. Since I am qualified due that my wife is from Hong Kong and the process is faster. When I filled my taxes I put my mom as a dependent (she is living abroad and I was supporting her, now she got married and is doing the same process as me)and expected that my income from last year (24,000) 2 household size was going to be enough to qualify for filling the form I-864ez. However,I received an email saying that my AOS form didn't qualify and it was under the poverty line. I called the NVC and told them about my situation and they said that Since I added my mom into my taxes my house hold was going to be 3. My mother, wife and myself which I didn't understand due that I got married in 2016 and my wife was not as a dependent in 2015.In 2016 my mother got married and she didn't needed my help anymore, she is not living with me and I supporting her in September 2015.I told the nvc about this situation and they said that I have to either wait to fill out my taxes next year or get a sponsor. Honestly nobody wants to take care of this situation and have the responsibility of our actions for 10 years or until my wife becomes a US citizen. i have an 8000 dollars car that I am still paying for, and my estimate of income this year is of 22,000. I know that I can qualify if I do my taxes next year and reach the poverty line, but I don't want to wait. So my question is if I can fill out the form I-864 and put my car as an asset plus some money that I have in my back account in order to reach the 3 household size poverty line amount of 25,200?

This is the letter that I got from the nvc.

For electronic processing, all forms and documents that we request and require from you should be scanned and e-mailed to NVC as Adobe Portable Document Format (PDF) files. The documents should be sent as attachments with your e-mail response and not in a web file. NVC is unable to process documents submitted in web files. Forms and documents should not be mailed through the postal service. The applicant must present all original forms and documents to the Consular officer at the visa interview. Failure to present the required originals at the visa interview will result in a denial or delay in obtaining a visa for the sponsored applicant. Any questions regarding your petition should continue to be directed to NVCElectronic@state.gov.

PLEASE NOTE: No interview will be scheduled until ALL of the information requested has been emailed to the National Visa Center.

______F - FINANCIAL EVIDENCE:______________________________________

We reviewed the Affidavit of Support documentation you sent to the National Visa Center (NVC). According to the current poverty guidelines, it does not appear you or any of your sponsors meet the minimum income requirement to sponsor the intending immigrant(s) for this petition. To avoid delays, you may have an additional sponsor complete an Affidavit of Support (Form I-864) and provide it to the intending immigrant to submit at their interview. At that time, a consular officer will make a decision regarding this requirement.

To view the current poverty guidelines, go to http://www.uscis.gov/files/form/I-864P.pdf. For tips on completing Form I-864, go to

http://www.uscis.gov/forms/tips-filing-form-i-864-affidavit-support-under-section-213a-ina

We reviewed your I-864, I-864EZ, I-864W or I-864A Affidavit of Support form and supporting financial documents. While we will schedule your case for an interview, either your Affidavit of Support was incomplete, some of your supporting documents were missing, or both. This could affect the Consular Officer's ability to make a decision on your case.

On the attached Affidavit of Support Assessment Letter, we have put an "X" by each item you need to correct. Go to the Department of State's website at http://nvc.state.gov/aos and follow the instructions for the Affidavit of Support form(s).

If your Affidavit of Support form(s) needs correction:

Fill out a new form(s) online.

Print, sign and send the original form(s) to the principal applicant so he or she can take them to the

visa interview. Do not send the updated form(s) to the NVC.

If we are missing required supporting documents:

Send the missing documents to the principal applicant so he or she can take them to the visa

interview. Do not send the documents to the NVC.

The NVC will send your case to the processing U.S. Embassy or Consulate General. Please make sure that the documents you take to your interview are in the correct order and stapled together, as stated in the I-864 Important Notice instructions.

For Affidavit of Support (FAQs), go to

http://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-fre quently-asked-questions.html

______3 - BIRTH CERTIFICATE:_______________________________________

We cannot accept the birth certificate document you sent. You must send us the correct document so we can continue to process your case. To see the guidelines for your document, go to our website at http://travel.state.gov/content/visas/english/fees/reciprocity-by-country.html. Enter your country of birth in the box at the top of the page. The next page will be your country's "reciprocity schedule". Click on "Birth, Death, Burial Certificates" on the left-hand side. This will take you to a page with the exact requirements for the type of birth certificate you must submit to the NVC.

If your documents are not in English or the language of the country where you will have your interview, you must include a certified translation. The translation must include a statement that says the:

Translation is accurate

Translator is competent to translate

______10 - HONG KONG S. A. R. POLICE CERTIFICATE:__________________

Police Clearances from Hong Kong

Police clearances for Hong Kong will be sent by the police authorities directly to the U.S. Consulate General. The Consulate General will liaise directly with NVC when the police clearances are received. There is no need to confirm the receipt of your police clearance with either the Consulate or NVC. Please note that failure to apply for a police certificate at least 6 weeks before the scheduled interview date may result in a delay with processing the visa application.

Applying for a Police Clearance from Hong Kong

The issuance of a Certificate of No Criminal Conviction is a charged service provided by the Hong Kong Police Force. Both individuals residing in Hong Kong and individuals residing outside of Hong Kong may apply.

Individuals residing in Hong Kong

All applicants should appear in person at the Certificate of No Criminal Conviction Office which is located at 14/F, Arsenal House, Police Headquarters, 1 Arsenal Street, Wan Chai, Hong Kong. The office is open from 9am to 5:15pm from Monday to Friday. (Note: The payment window is closed daily between 1-2pm and stops accepting payments at 5pm.) Applicants may elect to make an advance appointment through the Automatic Telephone Appointment System at 2396-5351, no less than one day in advance of the intended appointment.

An applicant should be prepared to present the following items:

(1) his/her Hong Kong Identity Card or valid travel document;

(2) the original and a photocopy (for each applicant) of the letter from NVC which contains his/her name and the checklist of documents necessary for obtaining a visa (the one that references the need for police certificates);

(3) the original and photocopy of a document proving his/her relationship with the principal applicant for the visa if item #2 does not contain the applicantname;

(4) the processing fee of HK$180 per person payment via cash, Octopus cards or checks payable to Government of the Hong Kong Special Administrative Region.

All applicants must consent to have their fingerprints taken. Each applicant must sign an authorization that the fingerprints can be retained by the Hong Kong Police and that details of any criminal conviction recorded in Hong Kong can be disclosed to the U.S. Consulate General.

Individuals residing outside Hong Kong

Applications should be made in writing to:

The Commission of Police (Attn: EO CNCC)

14/F, Arsenal House

Police Headquarters, 1 Arsenal Street

Wan Chai, Hong Kong

An applicant residing outside Hong Kong must submit the following items. Please note that documents issued in languages other than Chinese or English, must be accompanied by an official transcript, in Chinese or English, endorsed either by the issuing authority or a certificated translation services body. (1) his/her Hong Kong Identity Card or valid travel document;

(2) the original and a photocopy (for each applicant) of the letter from NVC which contains his/her name and the checklist of documents necessary for obtaining a visa (the one that references the need for police certificates);

(3) the original and photocopy of a document proving his/her relationship with the principal applicant for the visa if item #2 does not contain the applicantname;

(4) a full set of the applicantfingerprints taken and certified by a recognized and official police or law

enforcement agency where the applicant currently resides. Certification of the fingerprints must clearly state: (i) the full name and rank of the person taking the prints, (ii) the full name of the police or law enforcement agency with their official chop; and (iii) the date and place the prints were taken. Prints that do not clearly show certification will be refused. Fingerprints taken by the applicant him/herself, a legal representative or private/commercial agency are also unacceptable. (5) a bank draft in the amount of HK$180 per person, made payable to Government of the Hong Kong

Special Administrative Region.The draft must be payable in Hong Kong. A personal cheque in Hong Kong dollars, which is issued an authorized by any licensed banks in Hong Kong, is also acceptable.

If an applicant is under investigation by the Hong Kong Police or is currently a defendant in criminal proceedings in Hong Kong or is subject to non-payment of fines including traffic offences, his/her application will not be further processed until the matter has been concluded. The relevant application form, standard personal data form, and fingerprint consent form can be downloaded from the Hong Kong Police homepage at www.police.gov.hk. Any inquiries may be addressed to Certificate of No Criminal Conviction office, email: eo-cncc-ib@police.gov.hk, phone: +852-2860-6557 (for local residents); +852-2860-6558 (for overseas applicants), fax: +852-2200-4321.

Regarding Your Form I-864EZ Affidavit of Support and Required Financial Evidence

===================================================================== ========

These instructions refer only to the Form I-864EZ completed by the financial sponsor named above. The National Visa Center (NVC) reviewed your Form I-864EZ Affidavit of Support. This form had one or more sections with missing or incorrect information; was missing required supporting documents; or both. Please review the instructions below. You will need to correct your Form I-864EZ and collect missing documents as requested.

Do not send the corrected form and documents to NVC. Instead, give all requested documents to the visa applicant, who should present them to the consular officer during the visa interview. The form the applicant brings to the visa interview must be signed in ink. It cannot be a photocopy.

Failure to submit the requested documents at the time of the visa interview can delay this case. If you need to complete a new Form I-864EZ, you can access the form and instructions online at uscis.gov/i-864ez. Additional information can be found at nvc.state.gov/aos (English) or nvc.state.gov/aos/espanol (Spanish).

You do not need to contact NVC at this time. After we schedule the immigrant visa interview, we will send you an appointment letter.

===================================================================== ========

Please make the corrections below to your Form I-864EZ or gather the requested financial evidence:

[x] In Part 4. Information About Your Household Size, please correct the following...

[x] Item 1.f. The household size must equal the sum of: sponsor + traveling applicants + dependents/exemptions

claimed on your most recent tax return.

I appreciate it your help. Your response will really help me a lot.

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Okay until you do your 2016 taxes, your mother is your dependent. So your household count RIGHT now is 3. You cannot include a primary car or home.

It also says your wife's birth certidicate is wrong and you need to send her police certificate. I believe in Hong Kong you need the checklist to get the police certificate.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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So that means I can not do the form I-864 and provide my current income and assets?

You cannot use you car as assets. You need a co-sponsor or wait until next year


Cateogory: CR1

  • NOA1/Notice of receipt: Sept. 15, 2015
  • NOA2/I130 Approved: February 8, 2016 (NO RFE) :)
  • Process slowed down by us
  • Sent documents to NVC: April 11, 2016
  • Scan date: April 14/ May 7th (NVC said both I dont know why)
  • Case Complete: May 31, 2016 (No checklist) :dancing:
August 17, 2016: Visa Approved!!!! :dancing:

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So that means I can not do the form I-864 and provide my current income and assets?

You can, you cannot use a primary car. So if you have two cars, you can use one of the cars by having it assessed for value and subtracting anything owed on it. But you cannot use a primary car. You can use savings if you want to make up the difference as well.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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