Interview today. More evidence requested

[Ashweehehe 20]

3 minutes ago, payxibka said:

They are requesting transcripts,  not an i864

 

Just now, Ash. said:

Oh well shoot. @payxibka

I uploaded 2 photos  one of each side.   She’s marked the affidavit also

[Crazy Cat 41,887]

Yep.  Looks like they want an I-864 and supporting documents......Thanks for posting the image.

[Ash.1101 1,756]

1 minute ago, Ashweehehe said:

 

I uploaded 2 photos  one of each side.   She’s marked the affidavit also

Ya I saw it after wards, thanks for posting the pics

[Ashweehehe 20]

Just now, Ash. said:

Ya I saw it after wards, thanks for posting the pics

 

Just now, Ash. said:

Ya I saw it after wards, thanks for posting the pics

I just saw that you saw 😂🙈 on the train. Internet super slow on loading pics 🙈

[payxibka 10,045]

Just now, Ashweehehe said:

 

I just saw that you saw 😂🙈 on the train. Internet super slow on loading pics 🙈

I realize my opinion doesn't matter, but I think it is a mistake because it is requesting an i864 from the petitionner/ sponsor who filed an immigrant visa petition.  I think you need to get clarification from them.  

[Wuozopo 4,293]

1 hour ago, Ashweehehe said:

They both filled out the 1-134. They’ve requested I-184, I-864EZ or I-864w but not said which one or who needs to fill that in. The petitioner or the co sponsor.  Id upload a photo but it’s saying it exceeds the limit for uploading. 

Also a IRS transcript for sponsor/joint sponsors US federal income tax return for the most recent tax year. 

And

a joint sponsor who can provide the irs generated transcript of their US federal income tax return for the most recent tax year. 

 

Very strange. I wonder if it was somebody new who got mixed up and thought you were doing a spouse visa. The London embassy website says:

 

Evidence of Support (Affidavit of Support)

K and Diversity visa applicants are not required to provide an I-864 Form.  However, they must show evidence that they are not likely to become public charges while in the United States. There is no set form that this evidence must take but use of the form I-134 is an efficient way to provide this information to the Consular Officer.

[carmel34 3,633]

Lots of examples of greater scrutiny on petitioner's income, asking for co-sponsors, public charge concerns, and now this from London....  this is become a trend here on VJ.  The current administration has said they will crack down on public charge issues, looks like it is starting to happen.  Give them exactly what they are asking for in order to get the visa approved.  Good luck!

[geowrian 22,337]

An I-864 is not supposed to be used for a non-immigrant visa. That said, there are cases where this has happened. I believe it's actually kind of commonplace with Morocco, but don't hold me to that.

 

With London though...this seems more like a mistake by the CO (going through the motions and thought it was an immigrant visa case?). The paperwork is also likely generic from the immigrant visa unit, hence why that says I-864.

[Crazy Cat 41,887]

8 minutes ago, payxibka said:

I realize my opinion doesn't matter, but I think it is a mistake because it is requesting an i864 from the petitionner/ sponsor who filed an immigrant visa petition.  I think you need to get clarification from them.  

You could be exactly correct.  They could have pulled the wrong "canned" response......

Had the CO hand-written "I-864", I would be more confident of his/her intent to actually mean I-864.

Edited June 20, 2019 by missileman

[Ashweehehe 20]

8 minutes ago, missileman said:

You could be exactly correct.  They could have pulled the wrong "canned" response......

Had the CO hand-written "I-864", I would be more of his/her intent to actually mean I-864.

She was well aware it was k1 visa as we spoke about wedding plans. She said if we had a co sponsor that one of them had filled out the wrong form.  I wonder if she has made a mistake? 

[Wuozopo 4,293]

I could see them asking for a transcript for further clarification of income but not an I-864.

 

Besides what the London K1 instructions say there's.....

9 FAM 302.8  

(U) PUBLIC CHARGE - INA 212(A)(4)

 

9 FAM 302.8-2(B)(2)(f)

(3)  (U) Use of Form I-134, Affidavit of Support:  

(a)  (U) Because INA 212(a)(4)(C) and INA 213A require the use of Form I-864 for so many classes of immigrants, the use of Form I-134, has been reduced considerably.  Nevertheless, there still are circumstances when Form I-134 may be beneficial.  This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864.  Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.

(b)  (U) If any of the following applicants need an Affidavit of Support to meet the public charge requirement, they must use Form I-134, as they are not authorized to use Form I-864:

(i)     (U) Returning resident applicants (SBs);

(ii)    (U) Diversity visa applicants (DVs); and 

(iii)    (U) Fiancé(e)s (K-1s or K-3s).

 

 

 

Edited June 20, 2019 by Wuozopo

[Ashweehehe 20]

5 minutes ago, Wuozopo said:

I could see them asking for a transcript for further clarification of income but not an I-864.

 

Besides what the London K1 instructions say there's.....

9 FAM 302.8  

(U) PUBLIC CHARGE - INA 212(A)(4)

 

9 FAM 302.8-2(B)(2)(f)

(3)  (U) Use of Form I-134, Affidavit of Support:  

(a)  (U) Because INA 212(a)(4)(C) and INA 213A require the use of Form I-864 for so many classes of immigrants, the use of Form I-134, has been reduced considerably.  Nevertheless, there still are circumstances when Form I-134 may be beneficial.  This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864.  Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.

(b)  (U) If any of the following applicants need an Affidavit of Support to meet the public charge requirement, they must use Form I-134, as they are not authorized to use Form I-864:

(i)     (U) Returning resident applicants (SBs);

(ii)    (U) Diversity visa applicants (DVs); and 

(iii)    (U) Fiancé(e)s (K-1s or K-3s).

 

 

 

In simple terms, is this saying I-864 form is not able to be used? 

[Wuozopo 4,293]

6 minutes ago, Ashweehehe said:

In simple terms, is this saying I-864 form is not able to be used? 

That's what it says to me. FAM is the Foreign Affairs Manual which is basically the written law about visas.  A K1 fiancée is not authorized to have I-864 as their Affidavit of Support for the visa. 

 

You will use I-864 later during adjustment of status.

Edited June 20, 2019 by Wuozopo

[Greenbaum 12,259]

4 minutes ago, Ashweehehe said:

In simple terms, is this saying I-864 form is not able to be used? 

My experience is that the man with the gold makes the rules. Regardless of what we think and what is in regulations the CO is requiring these documents. So OP will need to find a way to meet their requirements. JMHO.

[Ashweehehe 20]

2 minutes ago, Greenbaum said:

My experience is that the man with the gold makes the rules. Regardless of what we think and what is in regulations the CO is requiring these documents. So OP will need to find a way to meet their requirements. JMHO.

Thank you.

co-sponsor and petitioner are happy to fill out these forms also.  We’re just lost for who needs to as she said one of them filled out the incorrect form and they need to fill out the I-864 but she did not clarify who or if both.