Will the new poverty guidelines be applicable to the people whose interview has already been scheduled?

[Hamza86 8]

Will the new poverty guidelines be applicable to the people whose interview has already been scheduled?

[geowrian 22,337]

I don't see why not - the acceptability of the I-864 and the underlying public charge concern is determined by the CO.

[Hamza86 8]

1 hour ago, geowrian said:

I don't see why not - the acceptability of the I-864 and the underlying public charge concern is determined by the CO.

sorry i didnt get your answer. will the new one be applicable? as the document which were accepted were as per the old poverty guideline

[milimelo 4,481]

When is your interview? 

[Hamza86 8]

2 minutes ago, milimelo said:

When is your interview? 

next week

[geowrian 22,337]

6 hours ago, Hamza86 said:

sorry i didnt get your answer. will the new one be applicable? as the document which were accepted were as per the old poverty guideline

NVC accepted the documents, but the Consular Officer (CO) at the embassy is the one to make the decision on the public charge.

 

I doubt the updated guidelines will make a difference. The poverty level only establish a minimum income level for consideration...the CO still makes a decision based upon the totality of the circumstances.

If somebody was borderline to begin with, the CO likely would request a joint sponsor anyway. If they were not borderline, the new poverty levels doesn't change the practical concerns around becoming a public charge or not.

[SusieQQQ 11,586]

Agree with geowrian, for example we’ve seen reports of sponsors having to show they can meet medical insurance costs for parents even before the new guidelines.

[WeGuyGal 1,052]

And with OP's baby on the way, the CO would be the ultimate judge whether the current i864 will suffice. 

[Hamza86 8]

1 hour ago, WeGuyGal said:

And with OP's baby on the way, the CO would be the ultimate judge whether the current i864 will suffice. 

OPs?

[WeGuyGal 1,052]

Original Poster

[Hamza86 8]

1 hour ago, geowrian said:

NVC accepted the documents, but the Consular Officer (CO) at the embassy is the one to make the decision on the public charge.

 

I doubt the updated guidelines will make a difference. The poverty level only establish a minimum income level for consideration...the CO still makes a decision based upon the totality of the circumstances.

If somebody was borderline to begin with, the CO likely would request a joint sponsor anyway. If they were not borderline, the new poverty levels doesn't change the practical concerns around becoming a public charge or not.

my i864 house hold size calculates to 3. I have join sponsor(my wifes father) who has a income of 45k approx annually. as per poverty guidelines its quite high. But one thing i am still confused about is that my joint sponsor whose dependents include two sons and his wife will be included in this house hold size at the time of the interview bcoz as per the formula given the affadavit of support house hold size only totals to 3?

[Hamza86 8]

5 minutes ago, WeGuyGal said:

Original Poster

if the baby is not born till the time of my interview (which i am not sure as its currently my wifes 9 month) can affect the house hold size number? secondly i am also taking another updated copy of the affidavit of support as well incase if the baby is born.

[WeGuyGal 1,052]

21 minutes ago, Hamza86 said:

my i864 house hold size calculates to 3. I have join sponsor(my wifes father) who has a income of 45k approx annually. as per poverty guidelines its quite high. But one thing i am still confused about is that my joint sponsor whose dependents include two sons and his wife will be included in this house hold size at the time of the interview bcoz as per the formula given the affadavit of support house hold size only totals to 3?

I would keep open the possibility of lining up another sponsor just in case. The CO decides if 45k is sufficient for all the household members. 

[dwheels76 5,468]

4 hours ago, Hamza86 said:

my i864 house hold size calculates to 3. I have join sponsor(my wifes father) who has a income of 45k approx annually. as per poverty guidelines its quite high. But one thing i am still confused about is that my joint sponsor whose dependents include two sons and his wife will be included in this house hold size at the time of the interview bcoz as per the formula given the affadavit of support house hold size only totals to 3?

Then they did the Household calculations wrong his household size is 4 not 3.
joint sponsor + 2 sons + 1 wife + beneficiary= 4

[Hamza86 8]

40 minutes ago, dwheels76 said:

Then they did the Household calculations wrong his household size is 4 not 3.
joint sponsor + 2 sons + 1 wife + beneficiary= 4

But there is no box for petitioners mother or son in i864 form thats why its calculated as 3.  please note that my wifes father is the joint sponsor living in same residence where my wife lives

Edited March 15, 2019 by Hamza86