Sufficient I-864,but still denied visa?

[stella1 0]

Hi , all you guys !!! :star:

This is my fist posting on this Great forum and I hope to find somebody who can clarify this with me.

I'm almost at the end of the IR-1 visa journey. My husband sponsored me and his I-864 is already been completed, so is my case. My husbad last year income is over the 125 % poverty line, but the year before is much less then the poverty line. I'm afraid that the Consular official may determine the income as unstable or not projectable in the future, as he is pointing the "the bed year income".

Can an official really reject an affidavit of support, based on specific facts, that the sponsor will not be able to maintain his or her household income at the necessary level.

Can I " the intending immigrant " may be found inadmissible under INA § 212(a)(4) as likely to become a public charge, becaouse of this one "bed imcome year" ?

Is completed I-864 Form means that is has been already vetted at the National Benefit Centar ? Is completed I-864 means approved ?

Please ,anybody in the similiar situation...Help me...

Any advise or experience will be deeply appreciated !!

I 'm apart form my hobby over 1.8 year and miss him so bedly......want t be prepare if any additional RFE are likely to be requested...

[Kittykisses73 1]

You have already been approved?

[stella1 0]

You have already been approved?

No, I haven't ben approved yeat. Just my case got completed. I'm still waiting on NVC to schedule an Interview Date.. Hope to get it for April,since my case was completed in 12 February2010.....

[Bobby+Umit 161]

No, I haven't ben approved yeat. Just my case got completed. I'm still waiting on NVC to schedule an Interview Date.. Hope to get it for April,since my case was completed in 12 February2010.....

According to the FAM - there suppose to only consider what was presented with the initial application. If they feel that may of change, they can ask for more evidence.

Read through this.

[Penguin_ie 5,993]

They should not reject, but I have heard of cases where someone was very close to the poverty line and got rejected. What is your husband's income this year? To be on the safe side, I would bring recent paystubs and a letter from the employer to the interview, so the CO can see that his income now is sufficient.

[stella1 0]

They should not reject, but I have heard of cases where someone was very close to the poverty line and got rejected. What is your husband's income this year? To be on the safe side, I would bring recent paystubs and a letter from the employer to the interview, so the CO can see that his income now is sufficient.

My husband recent total income (2009) is 24.500 $ for 3 members family. So he is above a 1000 $ and more of the 125 % poverty guidence ....

The second listed year in his I-864 is bed, just 11.000 $

P.S Thank you for spending time and knowledge to answer me !! God bless you !!

Edited February 19, 2010 by stella1

[stella1 0]

According to the FAM - there suppose to only consider what was presented with the initial application. If they feel that may of change, they can ask for more evidence.

Read through this.

Thank you for your reply !!

Very useful info !!

God bless you !!

[Darnell 8,478]

Just remember -

The I-864 is ACCEPTED by NVC - and

The I-864 is EVALUATED by a Consular Official of the Immigration Visa Unit at a Consulate/Embassy.

Just because NVC 'accepted' it - doesn't mean that 'its good or not'.

The FINAL determination, in deed the ONLY determination, is made on Interview Day.

HOWEVER..

If something has changed, ie - he's got MORE money, to show -

from the time the initial I-864 was filed -

THEN - it makes sense to submit (via the beneficiary) an updated I-864 on INTERVIEW DAY.

If you think he should get a co-sponser for you - wei - get one now, then re-do his I-864 and prep a 2nd I-864 on the co-sponser.

Good Luck !

[stella1 0]

Just remember -

The I-864 is ACCEPTED by NVC - and

The I-864 is EVALUATED by a Consular Official of the Immigration Visa Unit at a Consulate/Embassy.

Just because NVC 'accepted' it - doesn't mean that 'its good or not'.

The FINAL determination, in deed the ONLY determination, is made on Interview Day.

HOWEVER..

If something has changed, ie - he's got MORE money, to show -

from the time the initial I-864 was filed -

THEN - it makes sense to submit (via the beneficiary) an updated I-864 on INTERVIEW DAY.

If you think he should get a co-sponser for you - wei - get one now, then re-do his I-864 and prep a 2nd I-864 on the co-sponser.

Good Luck !

Thank you !!

Crossed fingers everyhing to go smooth at the Interview !!

[stella1 0]