Interview tomorrow

[ScottThuy 140]

not the first time they forgot to ask for that.. if I recall they forgot to tell another member last year to have a new I864 submitted..

[Dan Nguyen 3]

not the first time they forgot to ask for that.. if I recall they forgot to tell another member last year to have a new I864 submitted..

[Dan Nguyen 3]

not the first time they forgot to ask for that.. if I recall they forgot to tell another member last year to have a new I864 submitted..

Wouldn't surprise me if it was intentional.

So you cannot file form I-864 as a joint sponsor if you live in the same household as the petitioner. You have to file an I-864A as a household member. Correct?

[ScottThuy 140]

864 is for you and 864a is for the co sponsor... can be same house but different income support sources...

Edited June 10, 2011 by ScottThuy

[JimVaPhuong 4,863]

Wouldn't surprise me if it was intentional.

So you cannot file form I-864 as a joint sponsor if you live in the same household as the petitioner. You have to file an I-864A as a household member. Correct?

There's nothing in either the law or the forms that forbids it. The consulate is just being ####### about flexing their authority since they don't generally have a lot of discretion with I-864 affidavits.

[Dan Nguyen 3]

There's nothing in either the law or the forms that forbids it. The consulate is just being ####### about flexing their authority since they don't generally have a lot of discretion with I-864 affidavits.

I'll make sure to bring this up when we submit the I-864A. See what they say.

[JimVaPhuong 4,863]

I'll make sure to bring this up when we submit the I-864A. See what they say.

Yeah, great idea. I'm sure that will help a lot!

[Dan Nguyen 3]

Yeah, great idea. I'm sure that will help a lot!

Couldn't hurt to ask. If we go on the appointment date, will we be speaking to the same c/o who interview my wife?

Edited June 12, 2011 by hnguyen3k

[quann 26]

i'd just submit the docs, get the pink and try not to engage them in further conversations unnecessarily...could only lead to bad things.

treat them like the soup nazi...anything little thing and it could be "no soup for you!"

[Dan Nguyen 3]

i'd just submit the docs, get the pink and try not to engage them in further conversations unnecessarily...could only lead to bad things.

treat them like the soup nazi...anything little thing and it could be "no soup for you!"

So you think they'll hand over the pink that day or say "OK, we'll review and let you know".?

Edited June 12, 2011 by hnguyen3k

[ScottThuy 140]

based on what they requested it should be pink that day... only reason that would not happen is if the docs were not in order or the CO was not there that day.(out sick or on vacation) just get them the 864a and 864 and you should be set... they didnt ask for timeline or anything else right?

[Dan Nguyen 3]

based on what they requested it should be pink that day... only reason that would not happen is if the docs were not in order or the CO was not there that day.(out sick or on vacation) just get them the 864a and 864 and you should be set... they didnt ask for timeline or anything else right?

No, just the I-864A. I'm just worry this is some kind of tactic so they'll have more time to scrutinize our case for a reason to refuse.

[ScottThuy 140]

nope..no tactic.... the timeline etc is a tactic.. what they asked you for was just what they see as being a policy they need to follow.. accurate or not it is what they think needs to be done so just give em the doc and get the pink..

[JimVaPhuong 4,863]

Couldn't hurt to ask. If we go on the appointment date, will we be speaking to the same c/o who interview my wife?

Couldn't hurt?? You're going to ask the CO "Are you just being ####### asking for this I-864A, when my dad already submitted an I-864?".

Seriously, if you're curious why they asked for an I-864A when it wasn't technically required then go ahead. First, make sure you're talking to a consular officer and not an administrative assistant or (worse) locally hired employee. Second, don't be surprised if the answer is "Because we have the discretion to do that." The real reason could be almost anything. Maybe the consulate in HCMC just doesn't like joint sponsors, and they'd prefer to have one sponsor with a qualifying household member rather than a separate joint sponsor. Maybe they want to put you through the extra trouble of providing proof that the joint sponsor is a qualifying household member. Frankly, this sounds more like something the consulate in HCMC would do. "Hey, this guy says his joint sponsor is his dad, and that he's living with him. Let's make him prove it."

You did read the I-864A instructions, right? You have to include proof that he's a qualifying household member, which means proof that he's your dad, and proof that you live in the same household.

[Dan Nguyen 3]

Couldn't hurt?? You're going to ask the CO "Are you just being ####### asking for this I-864A, when my dad already submitted an I-864?".

Seriously, if you're curious why they asked for an I-864A when it wasn't technically required then go ahead. First, make sure you're talking to a consular officer and not an administrative assistant or (worse) locally hired employee. Second, don't be surprised if the answer is "Because we have the discretion to do that." The real reason could be almost anything. Maybe the consulate in HCMC just doesn't like joint sponsors, and they'd prefer to have one sponsor with a qualifying household member rather than a separate joint sponsor. Maybe they want to put you through the extra trouble of providing proof that the joint sponsor is a qualifying household member. Frankly, this sounds more like something the consulate in HCMC would do. "Hey, this guy says his joint sponsor is his dad, and that he's living with him. Let's make him prove it."

You did read the I-864A instructions, right? You have to include proof that he's a qualifying household member, which means proof that he's your dad, and proof that you live in the same household.

Well, I wouldn't exactly word it like that. Having the discretion to do it is not a reason. Immigration laws clearly states we are allow to have joint sponsors. They cannot refuse just because they don't like. That doesn't sit well with me. Just because they have the power to issue visas, doesn't mean they can trample all over us.