JonandMarie

Wow! Thanks for sharing the story. Just goes to show the NVC needs to take some control and give us all some piece of mind on the I-864. Giving all the power to the CO just invites problems for all visas. I don't see how its possible they could ever call your case a public charge issue. It was ridiculous to say the least. Maybe the CO has something in it for him/her maybe a performance review or looking to get a promotion and didn't want to risk your case being approved without the i's dotted and the t's crossed. Good to see you got a joint sponsor. I'm in the same situation now at the Manila Embassy. It's absurd you ever got a 221g honestly.

Oh what is this amazing thing we're on right now? The internet, right! AWESOME! Well lets Google! (Or Bing.. or whatever is your favourite search engine.) I tried once, but my search parameters may need some adjusting.

It's quite possible that Manila wants you to be comfortably over the 3x if not closer to 5x in assets. You normally cannot include the home you currently live in or anything that is not immediately liquid without great penalty. No matter how you cut it, it's always a gamble.

Best of luck to the OP. I hope everything turns out well for you!

Thanks! On a second note I've reviewed the department of states website on this. Denial based on Public charge or Section 212(a) of the Immigration and Nationality act says:

(A) In general.-Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible.

(B) Factors to be taken into account.-

(i) In determining whether an alien is excludable under this paragraph, the consular officer or the Attorney General shall at a minimum consider the alien's-

(I) age;

(II) health;

(III) family status;

(IV) assets, resources, and financial status; and

(V) education and skills

(ii) In addition to the factors under clause (i), the consular officer or the Attorney General may also consider any affidavit of support under section 213A for purposes of exclusion under this paragraph.

My wife didn't finish High School and doesn't have any assets. Using the AOS under 213A they should see adequate assets exist without due harm to liquidate and use. But we'll see what they say. I'm still hoping the Embassy will get the paper file from the NVC and comment on my case before the interview. If they advise against the interview I'm happy to return to work and give my wife and updated AOS at a later interview date.

Not sure what they do if its denied and I can't get a Joint Sponsor. If they give my wife time to have my pay stubs in hand for a further interview or what?

NVC cannot possibly remember each consulates regulations on assets. It is the consulates decision, not NVCs

Good luck

I know its just frustrating that the NVC never sent the case file to the Embassy so the embassy refused to comment until they get the case file which they say its common to get it only 1-2 days before the interview. Impossible situation NVC points the finger at the embassy and the embassy points the finger at the NVC.

I don't see anyone in their right mind thinking my W-2/1040 history, Assets, and Education Level would result in my wife being a public charge within the next 5 years, but that's not to say paralyzed by fear of retribution they might be afraid to approve or thinking an automatic deny = automatic join sponsor.

Would have been nice to have had even 5 minutes of phone call guidance from the Embassy, but they won't touch it without the full case notes file from the NVC they say.

I can get a job. I only didn't work because i don't have to. I wish I spent less quality time with the family and more hours in a cubic farm now.

Everything is fine I hope. Should be done with the interview this next week.

Its less than 1 week before the interview and I have been told for months now I can get a joint sponsor. Yes I know that NVC. I tell the NVC i don't have one whats my options... Well assets. Ok fine then guide me... We can't sir call the embassy. Don't worry if you have 3x the 125% poverty level in assets, but we can't really comment its their decision.

Ok less than 1 week before the interview now and I've called the embassy multiple times and still NVC never sent the paper copies of the I864 and financial evidence i sent them before. No guidance from the NVC at about the formats of the documents for financial evidence.

I have not seen any don't have a job got approved VJ post before. Mostly denied even though I had more than 3X the 126^ poverty level. So why doesn't NVC just say you can't do it on assets alone with no Job. Why give people the idea that you can move on to the embassy without the joint sponsor its been 1+month waiting for an interview and a consultation with the embassy on the phone about the case. But it never happened like NVC said it could or would.

We don't have a sponsor. But we meet the requirements of the asset based guidance in the documentation on the USCIS and Department of State websites for I864 2011 version. We does this have to be so frustrating. We can't the VO at the Embassy and the NVC work together via Phone and comment on the case before the interview?

After processing my I864 the NVC said this...

The NVC has received the information you have submitted in reference to

the Affidavit of Support. Please be advised that the Affidavit of Support

information you have provided does not appear to meet the minimum

income requirement according to the current poverty guidelines to sponsor

the intending immigrant(s) for this petition. The consular officer will make

a decision regarding this requirement at the time of your interview. In

order to avoid delays, you may wish to submit an additional Affidavit of

Support (Form I-864) for a/another Joint Sponsor to the National Visa

Center to assist in sponsoring the intending immigrants. To view the

current poverty guidelines, visit

It is because I am doing an asset based support. No idea what it will be like at the interview for my wife. What questions they will ask her. Anyone else ever do an asset based CR1 visa successfully?

I called the NVC the gentlemen confirmed it is just a standard response since they can't certify the income based on assets.

My wife's visa will be for her married name Holmes. We just applied for a Philippines passport renewal using Holmes. My understanding is that she needs a Visa and Passport in the same name (Holmes) so that they admit her at the POE.

Today her passport is Guillero. The NVC knows about her maiden and married name. They don't provide guidance about if they want the biographic page as Guillero or Holmes

So I am sending Guillero... Is this what you did also? Did you send the passport biographic page with the DS230 as the maiden name and not the married name?

Things I can think of...

She will need a NBI "Green Copy" for "US Visa" I am thinking she can only get that in the Philippines.

The NSO Marriage certificate can be purchased and sent to the USA via the internet http://www.e-census.com.ph/

In Japan I don't know the requirements for Marriage, but in the Philippines he needs to get a "Capacity to Marry" document from the US Embassy non church weddings still require government marriage prep and certificate of a Marriage prep before getting a marriage license. There are taxes to be paid also before applying for the marriage license in the Philippines.

If you get married in Japan maybe you would have to return to get any additional copies of the Marriage certificate. In the Philippines it can take 6 months to have the NSO register your marriage contract and give you a certified copy. But there are faster ways to get the NSO certified marriage certificate after the marriage at a local government office. In our case Silay City, Negros Occidental, Philippines.

Paperwork is needed to be done both ways so it probably would be just as difficult even if all process in Japan are electronic I mean there may be trips to Manila to get documents. I guess I would say Marriage is once in a lifetime so do what feels special and then sort out all of the paper work later. It would probably be a CR1 visa if you are already married and applying for a Visa after the marriage.

The NVC officer told me my case was received February 25th, but to call back in 3 to 4 weeks.

Is she saying 3-4 weeks before they will have an NVC #?

Could I update the email address contacts now in their computer system?

After they give me the NVC # I can go pay the AOS fee on the Department of State website correct?

Excited about the progress I am having on my case, but the NVC officer was not going to tell me much and seemed distracted.

I have the same issue $0 income and enough to qualify using assets.

The new schedule for I864p: http://www.uscis.gov/files/form/i-864p.pdf

Reading here: http://www.uscis.gov/files/form/i-864instr.pdf

"However, if you are a U.S. citizen and you are sponsoring your spouse or minor child,

the total value of your assets must only be equal to at least three times the difference."

I am hoping I am right because there is no way my wife can join me without us using my assets to establish AOS. Thanks for the heads up on this as I have not filed my AOS yet.

--Jonathan

Yes, NVC will forward all the documents you send them to the Manila Embassy. It wouldn't hurt to make a copy of it and send it to your wife so she can be familiar with it. They may ask her finiancial questions in the interview.

Kevin

Thanks Kevin! The thing that was confusing me was the blurb on the I864 instructions that saying "Note where to file: a consular officer with a completed form OF-230" I guess that does not apply because we file DS230 as we are CR1/IR1 Visas? The I864 Document is stamped as last updated 7/5/12.

I am confused in reading the AOS I864 documentation.

My understanding is that...

1. Get NVC Number

2. Go to the department of state website and pay the AOS bill

3. Use a bar coded cover sheet once payment was received and approved by NVC to send the I864 package to the NVC in New Hampshire. (My I797 states my case is being sent to New Hampshire)

So then I read I need to send my wife the AOS I864? Is this true she and I both need to have it? I guess I send it to the NVC in New Hampshire and she gives it to the US Embassy office in Manila when she has the interview? I thought they send the documents to Manila after NVC is finish and she is ready for the interview...

I was going to make a trip back soon and can give her the AOS I864 in person so its not a problem I just was not sure if that is an official requirement.

Congratulations wow that is fast! Do you remember if your NOA1 was from the National Visa Center in Missouri? I filed in December so that would put me at around April for my NOA2. Did you have to do anything after receiving your NOA1 before receiving the NOA2? I am just curious because after reading it looks like it is just a waiting game after NOA1 and until NOA2?

Again that is fast and giving me a lot of hope about my case. Thanks for sharing

-- Jonathan

So from what I am reading in the forums here all documents can be photocopies with the I130 initial filing?

So photocopies of:

birth certificate of petitioner

marriage certificate (NSO Philippines)

third party signed affidavits (Keep original for later)

Only the I130 and G325a's need to be signed in ink. All other signed documents can be photocopies?

I mean nothing needs to be an original for a USC filing right? Did anyone else just send photocopies for all documents?

Did most of you send photocopies or signed documents for your 3rd party affidavit?

This is the only confusing thing at this point since I will just be doing the initial filing of the I130 application

Thanks for everyone helping here this forum takes a lot of the stress of this process away

That is confusing so just to understand... I send photocopies of my marriage certificate and birth certificate and then later the NVC will request me to send the original?

I was rereading the I130 instructions and I do see now it says copies of the documents and not originals. I did intercept the parcel so I will review again and just use copies this time.

Thanks everyone! It doesn't seem to be a big issue then. It just adds time to the process and the Chicago facility doesn't reject the I130 if all the supporting docs haven't been submitted. That was what had me worried the most... that if they would grab my docs and keep them, but reject the I130 on a an incomplete document requirement.

I called the post office you can also do a return to sender intercept for about $11. Well I learned something in all of this at least

I am freaking out now. I can't belive I did that!

Should i try to intercept at the post office?

What happens if I don't can I send the certificate separately?

Will they deny then send the originals back to me?

Does anyone have any advice?!?!?! Thanks in advance.

Jonathan

Has anyone else tried doing a DCF at the US Embassy in Manila without being a TRV status Visa for 6 months already? I have lived in the Philippines since May 5th this year and we are getting Married October 14th 2012. After that she will sponsor me for a TRV visa here in the Philippines. Because I will have lived here legally since May as a tourist do we qualify for the DCF option or does the Manila UCISC care about your visa status while living in the Philippines?

I am interested about what others experiences are in doing a DCF with the Manila UCISC office...

Did you live in the Philippines for 6 months before applying? Did you have a TRV (Temporary Resident 13a) visa the entire 6 months?

Did you have to submit proof of living in the Philippines if so what did you use?

This time is stressful for us because we really need the 3 month window to avoid running out of money. We are both not working at the moment and Philippines wages are not great compared to even American Minimum wage. I dread the 10 month IR-1 process if DCF is not applicable to us.

Any happy success stories using the DCF option? I read some post before of some other couples doing the DCF now in Mania, but didn't see where they shared about their history of living in the Philippines before applying for the DCF. Or I didn't read good before posting here hehehe.

Many thanks for anything you can share!

Jonathan and Marie