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Filed: Timeline
Posted

Hello! My parents had their interview today and unfortunately, the consular officer asked for a joint affidavit of support from my husband. I am the petitioner. First of all, I was surprised because even on the poverty guideline, my income was sufficient and plus I expected that NVC would have determined or noticed that before they could forward the case to the embassy. Did anyone here have the same experience? If so, how much longer would/ did it take to issue the visa after the joint AOS was received?

Thank you in advance for your responses.

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Hello! My parents had their interview today and unfortunately, the consular officer asked for a joint affidavit of support from my husband. I am the petitioner. First of all, I was surprised because even on the poverty guideline, my income was sufficient and plus I expected that NVC would have determined or noticed that before they could forward the case to the embassy. Did anyone here have the same experience? If so, how much longer would/ did it take to issue the visa after the joint AOS was received?

Thank you in advance for your responses.

NVC just makes sure that the affidavit of support is sufficient according to the standard spelled out in the immigration law. The consulate makes the public charge determination based on a variety of factors. For example, how old is the beneficiary? What is the beneficiary's level of education? How good/bad is the beneficiary's health? What is the likelihood that the beneficiary will be able to find work and be self-supporting in the United States? The less likely a beneficiary will be able to work, the more financial support they will expect from the primary sponsor. For an average beneficiary who is of working age and has no significant health problems, a sponsor who barely qualifies is usually enough. An older beneficiary with health problems would require a sponsor with substantial income and/or assets in order to ensure the consulate that they won't become a public charge.

If the only thing holding up the visas is the requirement for a joint sponsor then the visas should be issued soon after the joint sponsor's affidavit of support and supporting evidence have been submitted.

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!

Filed: IR-5 Country: Philippines
Timeline
Posted

This is the reason I suggest to all, (specially for Philippines' application) ... even your income is either under or over the poverty level, and specially if you come to the US via spouse or fiance visa, I-864A from your spouse is necessary. Of course you can't read that in their guidelines. I am saying this by others experience. We submitted I-864A even my salary itself is over the level and it all went well. It's always better to be proactive.

I hope they approve your parents' visa soon once they receive your I-864A.

IR-5 Petition for Mother:

12-31-10 - Sent Form I-130

01-04-11 - NOA 1

01-10-11 - Check cashed

05-09-11 - NOA 2

----------

05-18-11 - Case Number, IIN, E-mailed DS-3032

05-19-11 - Paid AOS Fee $88.00

05-23-11 - AOS shows "PAID"

05-24-11 - Paid IV Fee $404.00

05-26-11 - IV Fee shows "PAID"

05-28-11 - Mailed I-864

06-13-11 - I-864 accepted

06-20-11 - Mailed DS-230

07-07-11 - SIF and Case Complete

07-19-11 - Passed the two-day medical

09-06-11 - Visa Approved

09-08-11 - Visa On-Hand

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Hello! My parents had their interview today and unfortunately, the consular officer asked for a joint affidavit of support from my husband. I am the petitioner. First of all, I was surprised because even on the poverty guideline, my income was sufficient and plus I expected that NVC would have determined or noticed that before they could forward the case to the embassy. Did anyone here have the same experience? If so, how much longer would/ did it take to issue the visa after the joint AOS was received?

Thank you in advance for your responses.

This has occurred with other VJ members. With the economic downturn the USCIS wants to make sure that the spouse of a sponsor is aware of the obligation as it effects the entire household.

NVC approval does not matter. The interviewing officer makes the ultimate determination.

Not knowing the specifics of your I-864, if all that is needed is the 864A from your spouse go ahead and get it so that your parents can be issued their visas.

Best of luck.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: Timeline
Posted

Thanks for the reply. Yes, that's what I need to provide. I was just a bit disappointed. I thought everything was okay after it was reviewed by NVC. But it makes more sense to me now. Thanks!

NVC just makes sure that the affidavit of support is sufficient according to the standard spelled out in the immigration law. The consulate makes the public charge determination based on a variety of factors. For example, how old is the beneficiary? What is the beneficiary's level of education? How good/bad is the beneficiary's health? What is the likelihood that the beneficiary will be able to find work and be self-supporting in the United States? The less likely a beneficiary will be able to work, the more financial support they will expect from the primary sponsor. For an average beneficiary who is of working age and has no significant health problems, a sponsor who barely qualifies is usually enough. An older beneficiary with health problems would require a sponsor with substantial income and/or assets in order to ensure the consulate that they won't become a public charge.

If the only thing holding up the visas is the requirement for a joint sponsor then the visas should be issued soon after the joint sponsor's affidavit of support and supporting evidence have been submitted.

Filed: Timeline
Posted

I appreciate the response. Yes my husband and I are currently working on the I-864A. Thanks for the input!

This has occurred with other VJ members. With the economic downturn the USCIS wants to make sure that the spouse of a sponsor is aware of the obligation as it effects the entire household.

NVC approval does not matter. The interviewing officer makes the ultimate determination.

Not knowing the specifics of your I-864, if all that is needed is the 864A from your spouse go ahead and get it so that your parents can be issued their visas.

Best of luck.

Filed: Timeline
Posted

Thanks for the reply! Yea I hope they will issue the visa as soon as they receive the additional documents.

This is the reason I suggest to all, (specially for Philippines' application) ... even your income is either under or over the poverty level, and specially if you come to the US via spouse or fiance visa, I-864A from your spouse is necessary. Of course you can't read that in their guidelines. I am saying this by others experience. We submitted I-864A even my salary itself is over the level and it all went well. It's always better to be proactive.

I hope they approve your parents' visa soon once they receive your I-864A.

  • 1 year later...
Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
Posted

Hello! My parents had their interview today and unfortunately, the consular officer asked for a joint affidavit of support from my husband. I am the petitioner. First of all, I was surprised because even on the poverty guideline, my income was sufficient and plus I expected that NVC would have determined or noticed that before they could forward the case to the embassy. Did anyone here have the same experience? If so, how much longer would/ did it take to issue the visa after the joint AOS was received?

Thank you in advance for your responses.

In the situation that you found yourself is the same exact situation I am in now. Except for my wife. The NVC approved the Affadavit of Support and I make more than enough money to support my wife but the consular officer felt I needed a joint sponsor. My question is what was the result of this how long did it take to get the visa after this?

 
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