221g for QJS, but beneficiary meets HHS limits

[DFO 3]

Help... I'm not sure what to do. 

 

Husband was given 221g at his interview yesterday. The interviewer requested that he get a Qualified Joint Sponsor and resubmit i-864 via courier. 

 

Manila, Philippines Embassy has had our case for over 12 months. I had requested an expedite at NVC level, due to a clerical error which caused delays at NVC stage. So, the case was forwarded from NVC for processing at Manila Embassy. I don't believe any processing was done at NVC stage.

 

I uploaded documents to CEAC last January 2020, which showed that 2019 income was foreign earned income (included evidence) and included a domestic offer letter for 2020 and current paystub that indicated salary would exceed HHS limits. 

 

When he went to the interview, he took a NEW i-864 to represent our current financial situation as of Feb 2021. The interviewer skimmed the new i-864 and returned it. 

 

2020 domestic income met the HHS i-864p guidelines (evidenced by W2 and 1040) and 2021 anticipated income will exceed this level (evidenced by offer letter and paystub). Cash assets are 4.5 times the HHS limit for household size  (just shy of the 5x required for using assets alone-- but w2 meets HHS limits, so in theory, I shouldn't have had to use the assets qualifier.) 

 

Either of the i-864s (Jan 2020 or Feb 2021) should have been sufficient to qualify, because both evidenced income with an offer letter and paystub indicating salary exceeded HHS limits. But, the Feb2021 i-864 included a domestic income for prior year, while the Jan2020 one had foreign income for preceding year.

 

As far as I'm aware we don't need a Qualified Joint Sponsor because the Petitioner meets the HHS income guidelines on the i-864p. I don't actually understand why we were given this 221g... 

 

So what do I do? I don't have/don't want a joint sponsor. 

 

I've emailed the embassy and left a message with their message service... but I'm not holding my breath for a reply. Manila Embassy has had our case for 12 months, and in that time they've only ever replied to 1 email (out of a dozen). 

 

Thanks in advance! 

[SalishSea 17,829]

If they are requesting a joint sponsor, there isn't anything you can do to change that, if you want the visa.

 

The FPL guidelines are simply guidelines, and COs have full discretion to consider the totality of circumstances when evaluating the likelihood of an immigrant becoming a public charge.

[Crazy Cat 41,851]

34 minutes ago, DFO said:

Help... I'm not sure what to do. 

 

Husband was given 221g at his interview yesterday. The interviewer requested that he get a Qualified Joint Sponsor and resubmit i-864 via courier. 

 

Manila, Philippines Embassy has had our case for over 12 months. I had requested an expedite at NVC level, due to a clerical error which caused delays at NVC stage. So, the case was forwarded from NVC for processing at Manila Embassy. I don't believe any processing was done at NVC stage.

 

I uploaded documents to CEAC last January 2020, which showed that 2019 income was foreign earned income (included evidence) and included a domestic offer letter for 2020 and current paystub that indicated salary would exceed HHS limits. 

 

When he went to the interview, he took a NEW i-864 to represent our current financial situation as of Feb 2021. The interviewer skimmed the new i-864 and returned it. 

 

2020 domestic income met the HHS i-864p guidelines (evidenced by W2 and 1040) and 2021 anticipated income will exceed this level (evidenced by offer letter and paystub). Cash assets are 4.5 times the HHS limit for household size  (just shy of the 5x required for using assets alone-- but w2 meets HHS limits, so in theory, I shouldn't have had to use the assets qualifier.) 

 

Either of the i-864s (Jan 2020 or Feb 2021) should have been sufficient to qualify, because both evidenced income with an offer letter and paystub indicating salary exceeded HHS limits. But, the Feb2021 i-864 included a domestic income for prior year, while the Jan2020 one had foreign income for preceding year.

 

As far as I'm aware we don't need a Qualified Joint Sponsor because the Petitioner meets the HHS income guidelines on the i-864p. I don't actually understand why we were given this 221g... 

 

So what do I do? I don't have/don't want a joint sponsor. 

 

I've emailed the embassy and left a message with their message service... but I'm not holding my breath for a reply. Manila Embassy has had our case for 12 months, and in that time they've only ever replied to 1 email (out of a dozen). 

 

Thanks in advance! 

Find a joint sponsor.  The Consulate officer has full discretion when determining your qualifications.

[DFO 3]

5 hours ago, Jorgedig said:

If they are requesting a joint sponsor, there isn't anything you can do to change that, if you want the visa.

 

The FPL guidelines are simply guidelines, and COs have full discretion to consider the totality of circumstances when evaluating the likelihood of an immigrant becoming a public charge.

I appreciate the reply. Do you really think there is nothing that can be done? What about Congressional/Senator support?

 

I understand they have full discretion-- but I'm not exactly AT the limit, I'm well-above the HHS limit, plus I have cash assets. There is really no reason to ask for a cosponsor....  it almost seems like a very careless mistake or a  personal vendetta. It seems like the CO has pulled out an arbitrary limit, that doesn't match any of the i-864/i-864p content. 

[SalishSea 17,829]

What would a congress/senate member be able to do?   They will inquire into cases that are outside of normal  processing,, but they’re not going to interfere with a consulate decision just because you don’t like it.   The INA is the INA.

 

The guidelines are just guidelines, and like I said, COs are required to consider the totality of circumstances.

[DFO 3]

1 hour ago, Jorgedig said:

What would a congress/senate member be able to do?   They will inquire into cases that are outside of normal  processing,, but they’re not going to interfere with a consulate decision just because you don’t like it.   The INA is the INA.

 

The guidelines are just guidelines, and like I said, COs are required to consider the totality of circumstances.

It has nothing to do with me not liking the decision, and everything to do with the decision being seemingly arbitrary.

 

Thanks for your feedback. 

[angeljolie 188]

On 3/3/2021 at 1:06 AM, DFO said:

2020 domestic income met the HHS i-864p guidelines (evidenced by W2 and 1040) and 2021 anticipated income will exceed this level (evidenced by offer letter and paystub).

I assume you are currently employed because you submitted pay stubs. Why did you submit an offer letter? 

[DFO 3]

3 hours ago, angeljolie said:

I assume you are currently employed because you submitted pay stubs. Why did you submit an offer letter? 

Offer letter/ Letter of Employment -- just a letter indicating the annual salary and the expected continuation of the salary.... 

[angeljolie 188]

9 hours ago, DFO said:

Offer letter/ Letter of Employment -- just a letter indicating the annual salary and the expected continuation of the salary.... 

How long have you been in the job? I've read of applicants being refused under 221 g because of their sponsors being "too new" in their jobs. 

[DFO 3]

1 minute ago, angeljolie said:

How long have you been in the job? I've read of applicants being refused under 221 g because of their sponsors being "too new" in their jobs. 

I recently changed roles, but same job since January 2020. 

[angeljolie 188]

6 minutes ago, DFO said:

I recently changed roles, but same job since January 2020. 

That's really weird that they asked for a joint sponsor. Did your 2019 income meet the requirement?

[DFO 3]

5 minutes ago, angeljolie said:

That's really weird that they asked for a joint sponsor. Did your 2019 income meet the requirement?

2019 Income was Foreign Earned Income (I provided evidence). It exceeded the limit- but it was not on a W2. 

[angeljolie 188]

It's really baffling why they required a joint sponsor. There must be a reason but it's hard to tell. Unfortunately, as what others have said, you just need to comply. Hope you find a joint sponsor soon. 

[DFO 3]

On 3/2/2021 at 12:06 PM, DFO said:

Help... I'm not sure what to do. 

 

Husband was given 221g at his interview yesterday. The interviewer requested that he get a Qualified Joint Sponsor and resubmit i-864 via courier. 

 

Manila, Philippines Embassy has had our case for over 12 months. I had requested an expedite at NVC level, due to a clerical error which caused delays at NVC stage. So, the case was forwarded from NVC for processing at Manila Embassy. I don't believe any processing was done at NVC stage.

 

I uploaded documents to CEAC last January 2020, which showed that 2019 income was foreign earned income (included evidence) and included a domestic offer letter for 2020 and current paystub that indicated salary would exceed HHS limits. 

 

When he went to the interview, he took a NEW i-864 to represent our current financial situation as of Feb 2021. The interviewer skimmed the new i-864 and returned it. 

 

2020 domestic income met the HHS i-864p guidelines (evidenced by W2 and 1040) and 2021 anticipated income will exceed this level (evidenced by offer letter and paystub). Cash assets are 4.5 times the HHS limit for household size  (just shy of the 5x required for using assets alone-- but w2 meets HHS limits, so in theory, I shouldn't have had to use the assets qualifier.) 

 

Either of the i-864s (Jan 2020 or Feb 2021) should have been sufficient to qualify, because both evidenced income with an offer letter and paystub indicating salary exceeded HHS limits. But, the Feb2021 i-864 included a domestic income for prior year, while the Jan2020 one had foreign income for preceding year.

 

As far as I'm aware we don't need a Qualified Joint Sponsor because the Petitioner meets the HHS income guidelines on the i-864p. I don't actually understand why we were given this 221g... 

 

So what do I do? I don't have/don't want a joint sponsor. 

 

I've emailed the embassy and left a message with their message service... but I'm not holding my breath for a reply. Manila Embassy has had our case for 12 months, and in that time they've only ever replied to 1 email (out of a dozen). 

 

Thanks in advance! 

Update: 

I emailed the embassy, and received no reply. I phoned the embassy, and received no reply.

 

Note: Manila embassy is notoriously slow about replying. I received a reply SIX months after an email, with a notice that they will schedule my interview. Spoiler alert: The interview had already taken place by the time they wrote me this email. 

 

I reached out to my local congressional representative, and received a reply within a few days. The embassy replied via the congressional representative that I should submit original, wet-ink i-864 and all supporting documentation as well as a new NBI (due to expiring within 1 month). 

 

I sent an updated wet-ink i-864 and financial documents via DHL to beneficiary, who collected them and submitted via 2GO with passport and new NBI.  (Note: at this point, petitioner-sponsor now exceeded 5x i-864p in cash assets.)

 

20 days later the CEAC website updated to ISSUED. 

 

I still don't understand why we were given a 221g in the first place. I suspect human error and being too proud to admit the mistake. At any rate, resubmitted petitioner-sponsor i-864 and got the approval.