221G - need to involve NVC?

[beckyo 0]

So, my fiance had his interview a few weeks ago. It was refused and he was issued a 221g stating that I need to send proof of current sustained income. The CO told my fiance to just mail the requested documents to the embassy via 2GO, but I was told by a family friend (an immigration lawyer) that I need to send the documents through the NVC as well. He sent the following message to me:

"It seems that the reason the Embassy or the Consulate refused to look at the papers Jan brought is that they are ONLY allowed to consider what they receive, as approved, by the National Visa Center. You need to correct the situation with the NBC and they will direct the Consulate in Manila. The Visa Center is no out of the game and this information DOES go directly to the US Consulate. You must earn a minimum of $28,000.00 per year or your co-sponsor must earn a minimum of $35,000.00 per year if there are no other 'household members'..."

Anybody else have advice or knowledge about this? I figured I could just mail the paperwork to my fiance who could send it to the embassy via 2GO. Involving the NVC does not seem necessary since they already forwarded the case to Manila and he already had his interview, where they kept all of his paperwork and his passport.

It is slightly more complicated since I am finished a nursing program and am only employed part time. My income last year showed $9500 because I was living in the Philippines until June, so I only worked in the US from July on. I have savings of approximately $68k. One of the savings accounts has 60k in it, but it is a joint account with a family member of mine. Originally, I did not list this account on my I-134 because it was included with the family members documents which we tried to submit as a co-sponsor. We were told "Manila does not accept co-sponsors for the K1 visa" and the CO did not look at any of those documents, so it appears that I only had income of $9500 and savings of $8k last year.

I am not planning to send a letter from myself and my cosponsor (whom I share the account with), I-864 from my and from my co-sponsor, a letter from my employer, a letter from my school showing my graduation date of July 17 2013, projected income for RN, job outlook for RN, tax returns, and copies of my bank accounts including joint accounts. What are my chances here?

[hcfrey 6]

you're done dealing with NVC you have to reply/answer the 221g at USEM

http://www.uscis.gov/files/form/i-864p.pdf this is the poverty guideline

Edited July 6, 2012 by hcdt

[beckyo 0]

you're done dealing with NVC you have to reply/answer the 221g at USEM

Ok, that's what I thought. I can't help but wonder WHY this immigration lawyer recommended sending it to both the embassy and NVC...he's supposed to know this system inside out, but he seems a bit clueless. Visajourney seems to be better than any immigration lawyer =)

[hcfrey 6]

Ok, that's what I thought. I can't help but wonder WHY this immigration lawyer recommended sending it to both the embassy and NVC...he's supposed to know this system inside out, but he seems a bit clueless. Visajourney seems to be better than any immigration lawyer =)

sometime they just want to show to their clients that they're doing something, but i have lots of friends that got stuck on their visa process because their lawyer didn't know the rules or the whole process but not all lawyer there are lawyers that really knows the whole process, i am so thankful in this group and the members, i got a lot of ideas it is the USEM who gave the 221g to your fiance not NVC. good luck

Edited July 6, 2012 by hcdt

[Cathi 5,755]

you are done with the NVC at this point

[Moomin 292]

I am not planning to send a letter from myself and my cosponsor (whom I share the account with), I-864 from my and from my co-sponsor, a letter from my employer, a letter from my school showing my graduation date of July 17 2013, projected income for RN, job outlook for RN, tax returns, and copies of my bank accounts including joint accounts. What are my chances here?

Are they(the embassy) specifically asking for i-864, or is this country specific to use that instead of the i-134 like most K1 visas?

[hcfrey 6]

Are they(the embassy) specifically asking for i-864, or is this country specific to use that instead of the i-134 like most K1 visas?

here if the primary sponsor and the co-sponsor lives in one house they fill the form i-864 and i-864a but if they live in different house both will fill i-134

[beejay 123]

Are they(the embassy) specifically asking for i-864, or is this country specific to use that instead of the i-134 like most K1 visas?

Very much country specific. Manila likes to deny co-sponsors for K-1s and one way to try and navigate this system is to prepare the I-864 instead of the I-134.

Beckyo - from my perspective it sounds like the immigration lawyer (for some reason) is confusing the role of NVC in the K1 vs CR/IR1 process. CR/IR1 submit their AOS to NVC (which is one reason why Manila has to 'accept' co-sponsors for spousal visas as they have already been approved by NVC). K1-ers submit their AOS at the embassy and NVC has no say in what the embassy decides to do about them, so I would stick with your plan and submit your docs via 2go.

Did you check back at your other thread for ideas on your situation?

[Moomin 292]

Very much country specific. Manila likes to deny co-sponsors for K-1s and one way to try and navigate this system is to prepare the I-864 instead of the I-134.

Beckyo - from my perspective it sounds like the immigration lawyer (for some reason) is confusing the role of NVC in the K1 vs CR/IR1 process. CR/IR1 submit their AOS to NVC (which is one reason why Manila has to 'accept' co-sponsors for spousal visas as they have already been approved by NVC). K1-ers submit their AOS at the embassy and NVC has no say in what the embassy decides to do about them, so I would stick with your plan and submit your docs via 2go.

Did you check back at your other thread for ideas on your situation?

Thanks for clarifying. I thought they had the CR1 confused with K1 since there was talk about NVC and I864.

[beejay 123]

Thanks for clarifying. I thought they had the CR1 confused with K1 since there was talk about NVC and I864.

On the surface it does seem like a confusing post but Beckyo knows what she is doing

Not so sure about this 'lawyer' friend of hers who seems to have an odd affection for "NBC" and their perceived power I'm hoping that was just a typo and that he knows NBC is in Missouri and is typically for those adjusting status in the US and is not the same thing as NVC which is in New Hampshire and is the step before consular processing of visas.

[Brandon+Roslyn 4]

Yeah, you just need to send it in to the embassy.. the 221g is a request from the embassy to send documents to the embassy. I just had to send in another AOS because the NVC lost mine. They never said anything about the NVC, they just said to send the AOS to the embassy and they will mail my visa.