Embassy rejected I-864 NVC not

[guarlugo 1]

I am a US citizen since 2000, I married my actual husband almost 2 years ago, I began the paperwork June 2015, finally he got the interview at the first days of Feb 2017, everything looks wonderful even, I flew to be with him in the interview and return home together, but for my surprise, they rejected my request because they need another sponsor, I did not have enough income but I have a property  split with my ex husband, I used that asset 10 years ago to get my mother and past father with no problem, where the property value was less and the I owed more. Now, that I send even the property documentation with actual values and how much we owned, the Embassy did not want to take it as part of the affidavit. I do not have anyone to be an sponsor. And all the documents are in the embassy waiting for the sponsor. Right now, I am desperate, I had been separate for my husband too long going back in for from Venezuela to USA, trying to be with my husband, now the time is limited. I need advised, please help, the NVC never ask me for another sponsor, they did not ask for more documentation because I gave them every single one that they require. Now what I should do. The embassy will retain my documentation, what are the possibilities that I have to bring my husband to live with me to the USA. I am disconsolate. What it would happen with all the documents that I had been given, paid, recollected all this time. Please help what I should do. Thanks.

Edited February 27, 2017 by guarlugo

[Sunnybanana1913 11]

You can literally use any one as a sponsor even some random people as long as they agree to it. How about asking some neighbors ? 

[Penguin_ie 5,986]

Is that your only home?  Most embassies will not accept your primary home as an asset. only a holiday home/ rental property.  You mention bringing over your parents, if they have not yet naturalised, they will also count against your affadavit of support for your husband, that would mean you  need more assets/ income to be over the poverty line.

 

You have a couple of options, after figuring out how much you are short:

- try to get a raise or second job.  In many cases, even a couple of shifts at Starbucks or McD at weekends will bring you over.

- Move abroad to your husband

- Find a co-sponsor.  I know that can be difficult, but reach out to everyone; former co-workers  and neighbours, church family, friends....

[guarlugo 1]

53 minutes ago, Penguin_ie said:

Is that your only home?  Most embassies will not accept your primary home as an asset. only a holiday home/ rental property.  You mention bringing over your parents, if they have not yet naturalised, they will also count against your affadavit of support for your husband, that would mean you  need more assets/ income to be over the poverty line.

 

You have a couple of options, after figuring out how much you are short:

- try to get a raise or second job.  In many cases, even a couple of shifts at Starbucks or McD at weekends will bring you over.

- Move abroad to your husband

- Find a co-sponsor.  I know that can be difficult, but reach out to everyone; former co-workers  and neighbours, church family, friends....

Thanks Penguin for replying. Yes I just have this home. Also I am only sponsoring my  mother, who lost her residency last year because she did not renew it. My father died 9 years ago. I had been abroad and stayed for couple of months, but I had to return to work, I had been doing this in order to be reunited with my husband. He lives in Venezuela where right now is very dangerous to live, and there is  not jobs, food, this is a real chaos. I do not have anyone to filled an affidavit. I just want to know what I should do. What would happened with all the process that I already have been working on it with a lot of sacrifices. They return it to NVC after some time? I have the opportunity to work day and night and resubmit the paperwork because they want ANOTHER sponsor.

[Ben&Zian 4,397]

Sounds like you need to find someone, anyone to be a co-sponsor.

 

NVC or any other agency can always just say that what they see looks good; but the embassy has final say on the matters regardless.

[Penguin_ie 5,986]

The I-130 will remain approved as long as you keep in touch with NVC at least once a year but yes, if you don;t get a co-sponsor within a certain time, your husband will need to pay embassy fees again, and perhaps also a new medical and police cert.

[guarlugo 1]

3 hours ago, Ben&Zian said:

Sounds like you need to find someone, anyone to be a co-sponsor.

 

NVC or any other agency can always just say that what they see looks good; but the embassy has final say on the matters regardless.

At this time, with every single news about immigration, laws changing, discrimination etc people are afraid to help others. I have contact some people, they are no willing to help. Now I am by myself no help, how long do I have in order to do something go back to the states so no sleep and  have different jobs, will they considere me again as a sponsor? If they have the last word. I do not have an American lawyer here who can help me, to see what to do .

[guarlugo 1]

5 hours ago, Sunnybanana1913 said:

You can literally use any one as a sponsor even some random people as long as they agree to it. How about asking some neighbors ? 

Thanks for you reply, I do not know my neighbors very well. This is something very delicate to ask to been an sponsor. I just want to know how to handle this been just by myself. How many months would they consider in order to resend my income, finding new jobs and make it work in order to have my husband as soon as I could, VeneZuela at this time is a dangerous place .

[Ben&Zian 4,397]

24 minutes ago, guarlugo said:

At this time, with every single news about immigration, laws changing, discrimination etc people are afraid to help others. I have contact some people, they are no willing to help. Now I am by myself no help, how long do I have in order to do something go back to the states so no sleep and  have different jobs, will they considere me again as a sponsor? If they have the last word. I do not have an American lawyer here who can help me, to see what to do .

 

I myself don't buy into the whole "discrimination" or what not. Immigration is not an issue when done legally as we all here are doing, but it is when it is done illegally, i think people tend to keep forgetting that word "illegal".

 

Anyways, again the embassy has sole discretion about whether to accept documentation or give approvals. A lawyer would have no stance or say in this at all.

[guarlugo 1]

29 minutes ago, Ben&Zian said:

 

I myself don't buy into the whole "discrimination" or what not. Immigration is not an issue when done legally as we all here are doing, but it is when it is done illegally, i think people tend to keep forgetting that word "illegal".

 

Anyways, again the embassy has sole discretion about whether to accept documentation or give approvals. A lawyer would have no stance or say in this at all.

Thanks, for my part I had done everything by the book, but still.  You should see the unrespecful  treatment as an American citizen in this embassy, no what it had been before in the different immigration places that I had

Been before. Going back to the issue maybe after sometime they return all the documents to the NVC or keeping it. 

[geowrian 22,335]

3 hours ago, guarlugo said:

At this time, with every single news about immigration, laws changing, discrimination etc people are afraid to help others.

I wouldn't attribute it to the immigration discussion going on now or discrimination. Signing an I-864 isn't something to take lightly...it's a long term financial commitment in which the person signing it does not see any direct benefit.

 

3 hours ago, Ben&Zian said:

I myself don't buy into the whole "discrimination" or what not. Immigration is not an issue when done legally as we all here are doing, but it is when it is done illegally, i think people tend to keep forgetting that word "illegal".

I wouldn't go that far...several legal immigrants I know have recently been verbally attacked (racial/ethnic slurs and told to "go home"), and one physically attacked.

[Penguin_ie 5,986]

As to how long you have, the embassy should have told your husband/ given him a piece of paper that said how long.  Usually it is 30, 56 or 90 days.

[ConOfficer 167]

They refused your case as a public charge. The case will never be sent back to USCIS and won't expire. It will just stay at the consulate until you submit a cosponsor's AOS. Although some consulates will refuse you under 221g, which does open up the possibility that the case will expire if you fail to contact the consulate for more than 2 years. 

 

Neither USCIS or NVC adjudicate the AOS, the consular officer does that. So the fact that NVC didn't ask you for a cosponsor doesn't mean anything. 

 

Your two options are 1) finding a cosponsor, 2) writing an email to the consulate explaining in details how the net value of your home overcomes the gap between your reported income in your most recent tax return and the USCIS poverty guidelines (the value of the property needs to be 3 times greater than the gap between your income and the USCIS poverty guidelines). Consular officers are not accountants and you shouldn't expect them to get the math right. 

[guarlugo 1]

On ‎27‎-‎02‎-‎2017 at 11:24 PM, ConOfficer said:

They refused your case as a public charge. The case will never be sent back to USCIS and won't expire. It will just stay at the consulate until you submit a cosponsor's AOS. Although some consulates will refuse you under 221g, which does open up the possibility that the case will expire if you fail to contact the consulate for more than 2 years. 

 

Neither USCIS or NVC adjudicate the AOS, the consular officer does that. So the fact that NVC didn't ask you for a cosponsor doesn't mean anything. 

 

Your two options are 1) finding a cosponsor, 2) writing an email to the consulate explaining in details how the net value of your home overcomes the gap between your reported income in your most recent tax return and the USCIS poverty guidelines (the value of the property needs to be 3 times greater than the gap between your income and the USCIS poverty guidelines). Consular officers are not accountants and you shouldn't expect them to get the math right. 

Finding a sponsor had been almost imposible. I do not want to go against their will. But It will be posible that I return to USA stay there and work day and night for maybe 6 months more and show them that my husband won´t be a charge for Federal goverment? I do not want to make decisions without not knowing what am I doing. I am so confuse, sad I have to return again with empty hands.