Consular Officers & Affidavit of Support

[fem_femme 6]

Hi. My case will soon be forwarded for an interview from NVC and I wanted to get an idea what to expect. I was wondering whether the US embassy overseas can override over NVC Affidavit of Support docs? What I mean is this: so with my husband included along with 2 household members (my retired parents) we are a household of 4 totaling $39,361.60 income (for the time being until I get a full-time job) and the minimum poverty guideline for 4 is $32,187, so I am presenting $7,174 more above the minimum limit. NVC just accepted my AoS so it should be forwarding it to the embassy for interview. There were no remarks left on any of my NVC docs to fix anything, so all is good. Just ahd to submit one supporting doc which i did. My question is whether a consular officer can still say "well I don't like the income being $39,361.60, so I am denying it based on that!" even though we are $7,000 above the minimum. On I864 it clearly says that assets should only be included if one doesn't meet the minimum & I personally don't meet the minimum & that's why i added parents to my I864, so no assets of mine were included based of I864 instructions. Am I overthinking this or the officer can go against USCIS and NVC policies and deny based on that $39,361.60? 

 

In case if consular officers can deny any AoS even if it meets the poverty minimum, then why would USCIS I864 instructions want you to add assets only if you can't meet the minimum (combined with others) and not encourage you to add whatever you want to add to have a stronger AoS as it makes no sense because if US consular officer can do whatever they want, then we shouldn't feel limited in adding assets even if individually or combined with someone, we meet the minimum but want to make sure that there is no denial and can add other assets. Does a denial, even if you meet the minimum like in my case for over $7,000, a frequent thing or am I starting to overthink my AoS because the timing is getting close lol. I just feel like there should be rules and not based on what a consular officer feels like that day during the interview. Also, if the US government in face of USCIS sets guidelines, the State department is part of the government too, so how one can go against the other's rules and wouldn't a denial of a valid AoS even if it's low, but still meets the minimum, be a reason that people can sue the government for having one instructions in one part of its government while the other part does the opposite. It's something that crossed my mind today and I guess I wanted to feel prepared as to what I could be facing. The only issue we might have is that low $39K income for 4 for the time being, but then again we are over $7,000 the minimum, so I am not sure why I am worried. Any thoughts please? :))

[SalishSea 17,928]

31 minutes ago, fem_femme said:

Also, if the US government in face of USCIS sets guidelines, the State department is part of the government too, so how one can go against the other's rules and wouldn't a denial of a valid AoS even if it's low, but still meets the minimum, be a reason that people can sue the government for having one instructions in one part of its government while the other part does the opposite.

It is just a set of guidelines.  The CO is required by law to take in the totality of a person's financial situation to assess the risk of public charge.  So no, you can't sue the government for that.

 

If you are worried, best solution is to enlist a joint sponsor to have as backup.

[SalishSea 17,928]

Also - NVC does not adjudicate applications for visas.  They really only perform clerical tasks of making sure the documentation is in order.  That is the reason for the interview overseas - to determine whether an applicant is eligible for the immigration benefit they have been petitioned for.

[fem_femme 6]

1 hour ago, Jorgedig said:

Also - NVC does not adjudicate applications for visas.  They really only perform clerical tasks of making sure the documentation is in order.  That is the reason for the interview overseas - to determine whether an applicant is eligible for the immigration benefit they have been petitioned for.

Yes I know that, so they didn't make any remarks next to my AoS as in to change anything, but in the feedback message they said that as a petitioner I do not meet the minimum income requirement and to find a joint sponsor, but it was just a suggestion and I heard that it's just a note that everyone gets before the interview if the petitioner alone doesn't meet the minimum, which is why I added both parents. I wonder if I should deposit some money to my main bank account as well as print my mortgage free $600,000 shown townhouse that I own without any credit to give my husband that in case if they say anything about our $39K, then my husband can explain that I own a paid-off house and have around $15,000 in the bank account, which if we divide by 3 would be worth $5,000. I mean I could have added my bank account as an asset had the I-864 not mention to only add assets if one doesn't meet the minimum. This is what confuses me as people can prepare themselves better for their AoS even with a minimum income that meets the guidelines if they are free to add their assets without relying strictly to I-864 instructions. Just to be prepared, so let's say my husband goes in with the AoS as is, and he is denied, what would be our next step. Would they be likely deny someone for being over the limit for $7,000? 

[MDT 3]

I think you’re good

[SalishSea 17,928]

2 hours ago, fem_femme said:

Yes I know that, so they didn't make any remarks next to my AoS as in to change anything, but in the feedback message they said that as a petitioner I do not meet the minimum income requirement and to find a joint sponsor, but it was just a suggestion and I heard that it's just a note that everyone gets before the interview if the petitioner alone doesn't meet the minimum, which is why I added both parents. I wonder if I should deposit some money to my main bank account as well as print my mortgage free $600,000 shown townhouse that I own without any credit to give my husband that in case if they say anything about our $39K, then my husband can explain that I own a paid-off house and have around $15,000 in the bank account, which if we divide by 3 would be worth $5,000. I mean I could have added my bank account as an asset had the I-864 not mention to only add assets if one doesn't meet the minimum. This is what confuses me as people can prepare themselves better for their AoS even with a minimum income that meets the guidelines if they are free to add their assets without relying strictly to I-864 instructions. Just to be prepared, so let's say my husband goes in with the AoS as is, and he is denied, what would be our next step. Would they be likely deny someone for being over the limit for $7,000? 

Which embassy are you going through?  And it is a spousal visa, correct?  Will you be able to attend the interview?  Some embassies are more strict on others regarding the public charge, so you may get more specific advice from someone who has been through yours.  

 

In general, real estate would not be considered, as it isn't 'liquid', although maybe in your case since you own it free and clear, it would be.  Definitely, in the "totality" of your situation, it is very favorable that you do not have to worry about providing housing for him.  I don't think it would hurt to provide bank statements for your husband to take to the interview. 

[fem_femme 6]

11 minutes ago, Jorgedig said:

Which embassy are you going through?  And it is a spousal visa, correct?  Will you be able to attend the interview?  Some embassies are more strict on others regarding the public charge, so you may get more specific advice from someone who has been through yours.  

 

In general, real estate would not be considered, as it isn't 'liquid', although maybe in your case since you own it free and clear, it would be.  Definitely, in the "totality" of your situation, it is very favorable that you do not have to worry about providing housing for him.  I don't think it would hurt to provide bank statements for your husband to take to the interview. 

My husband will be attending Tbilisi (Georgia) embassy. I am going to get a large sum of money approximately $20,000 from an auto accident and $6,000 from a friend to whom I had loaned money to, so I should I have that $26,000 in my account within a month maximum and I assume that I can also use that money as asset, right? Would that $26,000 be counted as $8,666 since I think, as a petitioner, I need to divide it into 3 to get the actual asset amount? That would be $9,000, so $39,361+$9,000 plus some of my own would bring me to $50,000 my income, parents SS benefits plus my checking account. Plus, I can show that I am the owner of my house mortgage free. Perhaps I should get the statements and my deed with an official letter that my house is free of a loan to my husband in case if they attempt to deny, he can show those two things to them for immediate reconsideration. I worry about this part only lol as a year is so tiring to wait to finally be together.  Do you know anything about the Tbilisi consulate by any chance? You mentioned some embassies are stricter, so which ones would those be?

[SalishSea 17,928]

1 minute ago, fem_femme said:

My husband will be attending Tbilisi (Georgia) embassy. I am going to get a large sum of money approximately $20,000 from an auto accident and $6,000 from a friend to whom I had loaned money to, so I should I have that $26,000 in my account within a month maximum and I assume that I can also use that money as asset, right? Would that $26,000 be counted as $8,666 since I think, as a petitioner, I need to divide it into 3 to get the actual asset amount? That would be $9,000, so $39,361+$9,000 plus some of my own would bring me to $50,000 my income, parents SS benefits plus my checking account. Plus, I can show that I am the owner of my house mortgage free. Perhaps I should get the statements and my deed with an official letter that my house is free of a loan to my husband in case if they attempt to deny, he can show those two things to them for immediate reconsideration. I worry about this part only lol as a year is so tiring to wait to finally be together.  Do you know anything about the Tbilisi consulate by any chance? You mentioned some embassies are stricter, so which ones would those be?

I have not heard anything (bad or good) about Tbilsi, nor can I think of any posters offhand who went through that embassy.  I think it is just a low-volume one when it comes to VJ.

 

Your financial situation is sounding much better actually.  It doesn't hurt to send him the real estate info and cash deposit info, even if it hasn't been requested.  Might as well arm him with whatever you can.

 

I think your calculation is correct, although technically there is not a shortfall to make up since you are using household income that is above the minimum.

[fem_femme 6]

I just got a job (been applying the past month) so this is great news, but now there's a problem as I already submitted my I-864 AoS along with both parents' I-864As to add to my low incomed self-employed rental income as a landlord to NVC and they were accepted already. Just to refresh your memory,  I also received a feedback from NVC to recommending a joint sponsor as my own income doesn't meet the minimum and it would be up to the consular officer to deny/approve, but they still accepted my AoS without any problem. Our household for 4 income is $7,000 above the household of 4 minimum requirement of $32K, but based on NVC's feedback I still was worried as you already sensed from my thread.

 

Now that I have a full-time work and it's a permanent position, I just don't know how to proceed especially that it would be hard for me to calculate my annual income since it's the end of the year, plus our affidavits are already submitted and locked, so I can't delete them from NVC myself. My annual gross salary is $41,300 although I won't be paid much this year anymore as it's the end of the year so it would be 2 weeks of pay, then the month of December. My question is how at this stage to present my new job to NVC? Will this complicate my case because with my landlord income of $11,428, and now the new job, I had added my parents' social security benefits too when I couldn't meet the minimum, so I am confused as to how to prove this new work and what I need to show? 

 

[Major 24]

On 11/26/2019 at 6:16 AM, fem_femme said:

I just got a job (been applying the past month) so this is great news, but now there's a problem as I already submitted my I-864 AoS along with both parents' I-864As to add to my low incomed self-employed rental income as a landlord to NVC and they were accepted already. Just to refresh your memory,  I also received a feedback from NVC to recommending a joint sponsor as my own income doesn't meet the minimum and it would be up to the consular officer to deny/approve, but they still accepted my AoS without any problem. Our household for 4 income is $7,000 above the household of 4 minimum requirement of $32K, but based on NVC's feedback I still was worried as you already sensed from my thread.

 

Now that I have a full-time work and it's a permanent position, I just don't know how to proceed especially that it would be hard for me to calculate my annual income since it's the end of the year, plus our affidavits are already submitted and locked, so I can't delete them from NVC myself. My annual gross salary is $41,300 although I won't be paid much this year anymore as it's the end of the year so it would be 2 weeks of pay, then the month of December. My question is how at this stage to present my new job to NVC? Will this complicate my case because with my landlord income of $11,428, and now the new job, I had added my parents' social security benefits too when I couldn't meet the minimum, so I am confused as to how to prove this new work and what I need to show? 

 

 

I think your case is very okay, although not water tight as in the AOS you submitted, you personally did not meet the federal financial minimum requirements but since your the household income is well above the 32k threshold for a household size of 4, you should be fine. Although, the CO reserve the right to ask for more evidence where they feel there is a shortfall, that in itself won’t result to denial, they will only tell your husband to go get a joint-sponsor should there be need for it. 

 

So, what you will do, get those house docs, statement of extra cash in your account, and your new work employment letter with stamp and give them to your husband  to take with him to the interview. You can also get a joint-sponsor AOS doc for your husband to take with him also, just in case they ask for it. It’s best he goes there prepared for any eventuality. That way, they won’t catch off guard. 

[fem_femme 6]

32 minutes ago, Major said:

 

I think your case is very okay, although not water tight as in the AOS you submitted, you personally did not meet the federal financial minimum requirements but since your the household income is well above the 32k threshold for a household size of 4, you should be fine. Although, the CO reserve the right to ask for more evidence where they feel there is a shortfall, that in itself won’t result to denial, they will only tell your husband to go get a joint-sponsor should there be need for it. 

 

So, what you will do, get those house docs, statement of extra cash in your account, and your new work employment letter with stamp and give them to your husband  to take with him to the interview. You can also get a joint-sponsor AOS doc for your husband to take with him also, just in case they ask for it. It’s best he goes there prepared for any eventuality. That way, they won’t catch off guard. 

 

 

Thanks so much! I am at DQ stage. We just got a letter today. Waiting for our interview date now. I did find a JS too. The JS is around $38,500 of annual income for a household of 2 (her and my husband) as the minimum is $21,137 for two people. While my household (husband included) is 4 people for $39K...so around the same amount. 

[Major 24]

On 1/10/2020 at 9:58 PM, fem_femme said:

 

 

Thanks so much! I am at DQ stage. We just got a letter today. Waiting for our interview date now. I did find a JS too. The JS is around $38,500 of annual income for a household of 2 (her and my husband) as the minimum is $21,137 for two people. While my household (husband included) is 4 people for $39K...so around the same amount. 

Alright, that’s good. Just give your husband the JS AOS to take with him just in case it result to that, so he can resolve it right there and then., instead of going home and waiting back in line all over again.  I wish you best of luck with you and your husband best of luck in your visa journey. 

 

PS. I got my interview already slated for February 11th. Hopefully, it’s going to be a smooth ride just like the other stages. 

[fem_femme 6]

10 hours ago, Major said:

Alright, that’s good. Just give your husband the JS AOS to take with him just in case it result to that, so he can resolve it right there and then., instead of going home and waiting back in line all over again.  I wish you best of luck with you and your husband best of luck in your visa journey. 

 

PS. I got my interview already slated for February 11th. Hopefully, it’s going to be a smooth ride just like the other stages. 

Aww congrats! Keep me posted how it goes. I wish you guys a smooth and short interview. I am almost done with collecting supporting financial docs from my JP and I was wondering how many paystubs should I request from the JP and whether an employment verification letter is needed if I am presenting a paystub? I only got one so far because Im not sure what the norm is for paystubs in terms of quantities. Any idea? Will I get in trouble if I don't request an employment verification letter from her? I ask this because my JP's family member is really sick in the hospital unconscious and I am trying to figure out how now bother her much with these docs. I would prefer to just get paystubs (unknown quantities) although I already got her 2018 tax return. Also, her tax return packet was forwarded by her accountant with a cover letter and although she made as salary $87K last year and her tax packet had all her Schedules, I didn't see W-2 in there for some reason, so will this be an issue even though her main tax return form (1099 i think), shows her salary I mentioned and other breakdowns of what she made. Feb 11 is around the corner for you...can't imagine how excited you are as I'm in a waiting mode myself and it feel like it's taking forever! I petitioned end of December 2018 so it's been a long ride for us. 

[Major 24]

14 hours ago, fem_femme said:

Aww congrats! Keep me posted how it goes. I wish you guys a smooth and short interview. I am almost done with collecting supporting financial docs from my JP and I was wondering how many paystubs should I request from the JP and whether an employment verification letter is needed if I am presenting a paystub? I only got one so far because Im not sure what the norm is for paystubs in terms of quantities. Any idea? Will I get in trouble if I don't request an employment verification letter from her? I ask this because my JP's family member is really sick in the hospital unconscious and I am trying to figure out how now bother her much with these docs. I would prefer to just get paystubs (unknown quantities) although I already got her 2018 tax return. Also, her tax return packet was forwarded by her accountant with a cover letter and although she made as salary $87K last year and her tax packet had all her Schedules, I didn't see W-2 in there for some reason, so will this be an issue even though her main tax return form (1099 i think), shows her salary I mentioned and other breakdowns of what she made. Feb 11 is around the corner for you...can't imagine how excited you are as I'm in a waiting mode myself and it feel like it's taking forever! I petitioned end of December 2018 so it's been a long ride for us. 

No problem, I definitely will. Yeah it is around the corner. I’ve taken steps to make sure I have my docs ready on time, I’m just quietly excited waiting for that date and thanks for the good wishes. 

 

If I remember correctly, your parents acted as Co-sponsors in your case since they’re household members right? If so, then you can’t use a JS in addition. You can either use one of them, not both. 

 

To answer your questions on paystubs, you should get paystubs as far back as 6months to be on a safe side in addition to the employment verification letter on the company’s letter headed paper. But, if you have your JS most recent Tax Transcript which is for year 2018, then all you need in addition is her W-2s for that year which is not a requirement once you have the tax transcript but sometimes CO ask for them. 

[fem_femme 6]

3 hours ago, Major said:

No problem, I definitely will. Yeah it is around the corner. I’ve taken steps to make sure I have my docs ready on time, I’m just quietly excited waiting for that date and thanks for the good wishes. 

 

If I remember correctly, your parents acted as Co-sponsors in your case since they’re household members right? If so, then you can’t use a JS in addition. You can either use one of them, not both. 

 

To answer your questions on paystubs, you should get paystubs as far back as 6months to be on a safe side in addition to the employment verification letter on the company’s letter headed paper. But, if you have your JS most recent Tax Transcript which is for year 2018, then all you need in addition is her W-2s for that year which is not a requirement once you have the tax transcript but sometimes CO ask for them. 

 

You are right...i have parents as co-sponsors, but since I don't make enough alone and NVC sent me a feedback suggesting I get a joint sponsor (I previously wrote JP sorry lol), I am using JS this time to be on the safe side. I will give the the form to my husband before his interview. Although my household makes enough ($7K over the minimum of $32K) according to the poverty guideline, I freaked out when NVC suggested that I find a JS saying that it would be up to the CO to decide since I won't make enough. The only thing I am missing is more than the 1 pay stub that she gave me, employment letter as well as her retirement income statement that I need to get as she's also retired. I didn't know that I can use either household or JS so thanks for letting me know. I'll just tell my husband to present JS docs in case he gets denied for household affidavit. I appreciate your help.