Manila CR1 interview - 221g assistance needed

[Webdevman 93]

I figured I'd create a new thread rather than go off topic on my last thread.

My wife had the interview today at the US Embassy in Manila and we got a 221g. I am very confused.

I the petitioner and my father was to be the joint sponsor because my income is not high enough. I filled out an i864 for me and one for my father and I did an i864a.

The name I crossed out is for my father.

This is what we got today:

We are unable to complete the processing of your Immigrant Visa application under Section 221(g) of the Immigration and Nationality Act (INA), as amended, until you present the following documents or complete required action from your end:

AFFIDAVIT OF SUPPORT

From a Qualified Joint Sponsor: of #############

- Signed Affidavit of Support (I-864) from . Please be aware that photocopied and scanned copies of the completed I-864 will not be accepted.

- W-2 Form(s) for ##################

- Affidavit of Support (I-864A) with original signatures from ############mother Part 5 should be signed by the Qualified Joint Sponsor. The form may be downloaded at http://www.uscis.gov/sites/default/files/files/form/i-864a.pdf. Please be aware that photocopied and scanned copies of the completed I-864A will not be accepted.

FROM APPLICANT(S)

- Proof of Petitioner's U.S. Domicile

OTHERS:

Proof of domicile in U.S. / intent to move, plans, etc.

Edited March 8, 2016 by Webdevman

[Webdevman 93]

They kept my i864 and the i864.

I believe my mother and father filed jointly and they live in the same house. Does this mean she is also a joint sponsor.

I'm to be the sponsor and my father the joint sponsor. Why did it say a "qualified joint sponsor of my father"?

Edited March 8, 2016 by Webdevman

[JFH 12,190]

Why did you complete an I-864a? That form is for a member of your father's household (his wife, for example) whose income is being used in combination with your father's income. You are the petitioner so you complete an I-864, even if you don't earn a penny. You did that so that was right. Your father as joint sponsor completes an I-864 also. So far so good. But you don't need an I-864a. If your father earns enough to cover 125% of the poverty line for himself, his household and your wife (and any non-USC children you may be bringing with your wife too) then that's it. No I-864a needed.

[Webdevman 93]

Why did you complete an I-864a? That form is for a member of your father's household (his wife, for example) whose income is being used in combination with your father's income. You are the petitioner so you complete an I-864, even if you don't earn a penny. You did that so that was right. Your father as joint sponsor completes an I-864 also. So far so good. But you don't need an I-864a. If your father earns enough to cover 125% of the poverty line for himself, his household and your wife (and any non-USC children you may be bringing with your wife too) then that's it. No I-864a needed.

That may be the case but they took the i864 I filled out for my father and I and they took my i864.

They did not take my dad's i864 and they requested another i864 and an I864a.

I have no idea what I'm doing with this.

[Webdevman 93]

What I meant was they took my i864 and the i864a by they gave back my dad's i864.

[bellashay 14]

You fill out an I- 864 for yourself, I 864 for your dad and the I 856a for your mom.

Edited March 8, 2016 by bellashay

[Webdevman 93]

You fill out an I- 864 for yourself, I 864 for your dad and the I 854a for your mom.

Thank you for your time. You make it sound so easy.

What I do not understand is why it says I need to fill out an i864 for the joint sponsor of my father.

I also don't know why they have us back the i864 I filled out for my dad.

This part:

AFFIDAVIT OF SUPPORT

From a Qualified Joint Sponsor: of

Edited March 8, 2016 by Webdevman

[Lhanz0729 52]

This may sound stupid but did your dad sign all the pages in his i-864 that requires his signature?

Thank you for your time. You make it sound so easy.

What I do not understand is why it says I need to fill out an i864 for the joint sponsor of my father.

I also don't know why they have us back the i864 I filled out for my dad.

This part:

AFFIDAVIT OF SUPPORT

From a Qualified Joint Sponsor: of

[wizzie1980 20]

hi webdevman,

We also received a 221g after the interview. We are required to submit an original I-864 from our joint sponsor with original signature and proof of petitioner's domicile in the US.

We have already submitted a copy of driver's license, credit card statement, savings account statement, jury duty letter all addressed to the same US address maintained by petitioner. Petitioner also have written down his intent and plans of moving back to the US. All of these documents were presented and kept during the interview but they are asking for more proof of domicile example mentioned by the lady at window 5 is a one way air ticket reservation from manila to the US.

We will have all this documents by today and send it tomorrow. I-864 signed by joint sponsor, and the air ticket reservation from Manila to the US.

Any idea on what other documents can be used as proof of domicile while petitioner is still here in the Philipines. Petitioner and family would like to move to the US at the same time.

Give us an update with your case.

As stated by other VJers, you only need the I-864A if the joint sponsor did not meet the 125% poverty line.

Thank you.

[bellashay 14]

Any idea on what other documents can be used as proof of domicile while petitioner is still here in the Philipines. Petitioner and family would like to move to the US at the same time.

Hi, not sure if this can be helpful but foreigners residing in the Philippines for over 6 months need to have an exit clearance from the Bureau of Immigration prior to departure. It's valid for a month and it'll support your evidence for the 1 way flight ticket back to the US. Also, what about a lease? If you're going to live with relatives for a while, have them write a letter that the petitioner and his family would be living with them indefinitely. Let us know how yours go as well.

[wizzie1980 20]

Hi, not sure if this can be helpful but foreigners residing in the Philippines for over 6 months need to have an exit clearance from the Bureau of Immigration prior to departure. It's valid for a month and it'll support your evidence for the 1 way flight ticket back to the US. Also, what about a lease? If you're going to live with relatives for a while, have them write a letter that the petitioner and his family would be living with them indefinitely. Let us know how yours go as well.

Petitioner is dual Citizen. We are about to submit our 221g requirements, just the I-864 and one way ticket reservation from manila to US. The lady at window 5 was told (by Consul I guess) that Consul will believe Petitioner's intent if we can show a ticket reservation. That's all the lady told us so we are submitting just the one way reservation ticket.

Other documents submitted as proof of domicile.

- driver's license with US address

- Jury Duty letter with US address

- credit card statement with US address

- savings account statement with US address

Just crossing our fingers, we dont receive another 221g letter after submitting above documents. I'll give an update here once we get one.

[7Ken 15]

I've read where if you claim that is your US domicile you can be considered a family member and use a I864A.

The only reason I can see doing it this way is so you can combine your income with theirs.

When I first started my I-864 I made the mistake of thinking I needed a I-864A also in which event the I-864 is filled out very differently. Once I understood it properly I found my co-sponsor was no-where listed on my I-864 nor I on hers, only my wife, the intending immigrant, household size 2..

Normally you would as stated, do a 1-864 for yourself, one for your father, and a I864A for you mother.

I've heard of people "untangling" their income so as to use only one persons income even if they filed jointly.

As for why they kept and returned the forms they did, I'm sure you've looked over the form they returned to you and found no mistakes?

Maybe they made one? Can you call and ask?

What did you provide as proof of domicile and intent to move back that they rejected?

I would think the best way to proceed since you will now be using DHL or some kind of mail is to fill out 2 new I-864s and a I-864A regardless of what they kept. A notarized affidavit from your parent/s about you domicile couldn't hurt and other items you may have already submitted?

I don't know the interview setting (next month for us) but if you had thought about it could you have asked why they did what they did at your interview?

[7Ken 15]

What is the household size on your fathers I-864? 2 or 3?

[Webdevman 93]

I'm not sure if we needed the i864a but now we need 2. lol

I did find errors on my dad's i864 si that was probably the issue.

For proof of residency I provided a copy of my driver's license and I figured my taxes would prove my address as well.

Now I'm including a copy of my car registration that is sitting in the driveway and a copy of a bill. I'm audio writing a letter.

For proof of future plans my mom is writing a letter as am I.

Hope this does the trick.

Thanks folks

[mallafri76 1,012]

They are asking for an original i-864 from your dad with an original signature, which makes it sound like they think the form you submitted was a photocopy. Submit a new i-864 from your joint sponsor and have him sign it in blue ink. I've heard others on here with the same issue, NVC or the embassy thinking their signed AOS form is a photocopy because it was signed in black ink. (and yes I know, the instructions do say to sign in black ink)

If your dad filed taxes jointly with your mother, most embassies want an i-864 for the joint sponsor and an i-864a for the spouse (i.e. your mother). They also want W2s for those filing jointly.

If you're living in the Philippines you need to show proof of taking up domicile in the US. This can e.g. be rental agreement for a home, job etc. You can read more about it in the i-864 instructions.

The embassy has asked for the above so the fastest way to get out of AP is to just send what they ask for, even if you have may previously included it.

We also got a 221(g). Once they have all the documents required, they will process your application and visa.