Case Complete Oct 26. Now got a new checklist F - FINANCIAL EVIDENCE

[canuk2usa 7]

Our case was completed yesterday, but now I just received a checklist email asking to "find an additional sponsor".

My spouse has no employment or income in last couple of years, but she is using her cash Assets, which are above and beyond the poverty guidelines.

It seems NVC is completely ignoring the fact that the assets are qualifying.

This is what the checklist says:

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

______F - FINANCIAL EVIDENCE:______________________________________

We reviewed the Affidavit of Support documentation you sent to the National Visa Center

(NVC). According to the current poverty guidelines, it does not appear you or any of your

sponsors meet the minimum income requirement to sponsor the intending immigrant(s)

for this petition. To avoid delays, you may have an additional sponsor complete an

Affidavit of Support (Form I-864) and provide it to the intending immigrant to submit at

their interview. At that time, a consular officer will make a decision regarding this

requirement.

To view the current poverty guidelines, go to http://www.uscis.gov/files/form/I-864P.pdf.

I was hoping we would avoid looking and asking for co-sponsors

Please share any thoughts if you had a similar issue with a Assets only case.

[teeak 224]

It may be a false checklist because they didn't ask for a specific document. I would call NVC and make sure!

[canuk2usa 7]

I called them, the rep says that it is an "advisory", meaning I'm not required to take a co-sponsor 864 to the interview, but they are advising. He says it'll be up the immigration officer to make a determination. It sucks to be put in a position now that I gotta ask others about co-sponsoring, just to ensure that the IO will be less likely to deny.

[tsabbas 47]

I can't claim to be an expert but I have just completed this same form myself. I am wondering if you might not have read the full instructions on how to calculate assets? I think the poverty level guidelines are only for income, not assets. Since you didn't state the amount of the assets, I don't know but maybe it's close and that's why they are advising you? Anyway, here's the instructions for the assets for the I-864. Hope that helps you!

Item Number 10. Total Value of Assets. In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current Federal Poverty Guidelines for your household size, however, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference. If the intending immigrant is a foreign national orphan who will be adopted in the United States after he or she acquires permanent residence, and who will, as a result, acquire citizenship under section 320 of the INA, the total value of your assets need only equal the difference.

Example of How to Use Assets: If you are petitioning for a parent and the poverty line for your household size is $22,062 and your current income is $18,062, the difference between your current income and the poverty line is $4,000. In order for assets to help you qualify, the combination of your assets, plus the assets of any household member who is signing Form I-864A, plus any available assets of the sponsored immigrant, would have to equal five times this difference (5 x $4,000). In this case, you would meet the income requirements if the net value of the assets equaled at least $20,000.

[dwheels76 5,469]

I called them, the rep says that it is an "advisory", meaning I'm not required to take a co-sponsor 864 to the interview, but they are advising. He says it'll be up the immigration officer to make a determination. It sucks to be put in a position now that I gotta ask others about co-sponsoring, just to ensure that the IO will be less likely to deny.

Is your assets the amount of household size X 3= _________________ you need. Also a CO can reject your assets its up to them to accept or not. That's why its always good to have that backup plan of a joint sponsor just in case.

[canuk2usa 7]

Yes, petitioner has 5X poverty limit.

But, as you said IO has a lot of discretion, and if he is in a bad moon that day he may disregard all common sense,

It seems it can take months after interview to get visa, if the joint sponsor 864 is sent after interview.

I'm going to have it with me and give it to him if for some reason he doesn't want to accept the assets.

I still am hoping to not have to pull it out of my file folder.

[dwheels76 5,469]

Sounds like a great plan. Canada is pretty cool you should be fine. But good to be prepared.

[WhiteDove 2]

I received exactly the same false check list too. I called them 3 diff times to make sure and being told that my case is surely completed.. phew