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Clash between NVC and Consulate.

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Filed: K-1 Visa Country: Vietnam
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The legal basis is INA section 213A, 8 CFR section 213a.2, the Adjudicators Field Manual section 20.5 (for USCIS), and the Foreign Affairs Manual section 9 FAM 40.41. You can look these up on the USCIS and State department websites. When referring to assets, these public laws, statutes, and policy manuals use terms like "may" and "should" when describing the submission of and consideration of assets. Nowhere does it say that a consular officer, immigration officer, or immigration judge must consider assets, and each of these make it clear that the person adjudicating the affidavit of support has the discretion to determine if it's sufficient.

BTW, both INA 213A and 8 CFR 213a.2 give two options when a sponsor can't prove sufficient ongoing income; provide sufficient evidence of assets, or get a joint sponsor. The consular officer has decided to ask for a joint sponsor.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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