i-864 Form Question

[Ron&Wenwen 7]

Hi VJ Members,

Since I have nothing but time to wait on our approval, I have decided to fill out form i-864.

I want VJ members opinions. It States:

Quote: If your income, or the total income for you and your household,

from part 6, line 10 exceeds the Federal Poverty Guidelines for your household

size, YOU ARE NOT REQUIRED to complete this part. Skip to Part 8.

I exceed the Federal Poverty Guidelines by many thousand of dollars, so my question is

would you go ahead a fill out Part 7 (Use of Assets to Supplement Income)?

I don't want to take the chance on USCIS requesting this at a later time and delaying our application.

I guess I could just play it safe and add the additional information, but I am just the type of person who believes in don't send anything that is not required.

Thanks,

R&W

Edited April 1, 2014 by Ron&Wenwen

[Darnell 8,479]

K-3 visa chasers not use this form.

Regardless, the answer on using that stuff, is no,

as you are over the thresh-hold.

[RandyW 149]

K-3 visa chasers not use this form.

Regardless, the answer on using that stuff, is no,

as you are over the thresh-hold.

That's probably correct, since an ongoing income carries greater weight than static assets, but VERY misleading to state it this way

From the consulate - http://candleforlove.com/forums/topic/27335-visa-denial/?p=343591

Dear CFL,

We can't shed any light on the rumors you may have heard, but we will note that petitioner income is only one of a number of criteria that consular officers are mandated by law to weigh when considering whether there is a public charge ineligibility.

Other factors include the applicant's health, education, family status, age, language ability, and work experience.

Again, it is mandated by law that consular officers consider the totality of circumstances, and not just rely only on whether income surpasses the poverty guidelines.

So, it is quite possible that some applicants have been found to have a public charge ineligibility in spite of having a petitioner or co-sponsor with income greater than the poverty guidelines.

Sincerely,

USCONGUZ

In terms of income, more is better - a low income may invite greater scrutiny, even if over the minimum.

[Darnell 8,479]

so that's a cooked definition of public charge, from 6 years ago.

That's so sad, Randy.

[RandyW 149]

so that's a cooked definition of public charge, from 6 years ago.

That's so sad, Randy.

People applying for visas find out all the time that 'Enough' isn't always ENOUGH - the visa officer has sole discretion to determine whether the resources available to an intending immigrant are sufficient to ensure that they will not become a public charge.

The INA requirement goes back much more than 6 years.

[Darnell 8,479]

Alas, the cooked definition isn't what you think it is -

'public charge' should never, ever include the bits written by the ConOff above,

but

it does. That's the cooking I'm talking about, I'm sorry, apologetic even, that you not get it.

[RandyW 149]

Alas, the cooked definition isn't what you think it is -

'public charge' should never, ever include the bits written by the ConOff above,

but

it does. That's the cooking I'm talking about, I'm sorry, apologetic even, that you not get it.

The thing to 'get' here is that the public charge provision of the INA includes the wording

(4) PUBLIC CHARGE.-

(A) IN GENERAL.-Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible.

(B) FACTORS TO BE TAKEN INTO ACCOUNT.-(i) In determining whether an alien is excludable under this paragraph, the consular officer or the Attorney General shall at a minimum consider the alien's-

(I) age;

(II) health;

(III) family status;

(IV) assets, resources, and financial status; and . . .

and yes, visa applications are derailed at Guangzhou (usually temporarily), even though their I-864 is more than "Enough".

Comments we get usually include assertions that they had been led to believe by what they read on the forums that their I-864 would be "good Enough"

Edited April 2, 2014 by RandyW

[NikLR 13,231]

Discussion is moot. K3 submit I-134 at interview and I-864 when they AOS.

[Darnell 8,479]

I'm hoping the OP has scampered off to hire a teenager to assist with paperwork.

[RandyW 149]

Discussion is moot. K3 submit I-134 at interview and I-864 when they AOS.

The public charge provision of the INA MUST be considered by the Visa Officer for either a K, or a CR/IR visa - but the K-3 is unlikely to actually interview in favor of the CR-1/I-130.

[NikLR 13,231]

Had 3 or 4 lately. People purposely choosing that path even with an approved I-130 at NVC.