I-864A Intending Immigrant as Household Member, using their continuing Foreign Income

[bondy88 6]

22 minutes ago, pushbrk said:

Another consideration in this kind of case is that the Consular Officer may not have said, but may have believed that BECAUSE the immigrant is the breadwinner, they entered into the relationship primarily for the immigration benefit, instead of a bona fide relationship.  This also is part of the "totality of circumstances".

 

Wow...making a mountain out of molehill much? You came to the conclusion that OP entered into the relationship with his spouse primarily for the immigration benefit--just because of form i864.

 

OP just find a Joint Sponsor stateside and you're good to go.

[pushbrk 12,877]

2 minutes ago, bondy88 said:

Wow...making a mountain out of molehill much? You came to the conclusion that OP entered into the relationship with his spouse primarily for the immigration benefit--just because of form i864.

 

OP just find a Joint Sponsor stateside and you're good to go.

I drew NO conclusions.  I'm describing things the Consular Officer would have considered.  I don't have an opinion about the relationship.

 

[pushbrk 12,877]

For others reading and commenting, here's the situation as I see it and also a couple things I do NOT see, as they have not been mentioned.

 

The foreign spouse Ukrainian, which is pretty much irrelevant.  The father of her children is Namibian.  Why they are not also Ukrainian is irrelevant, as they are in Africa, and the petitioner indicated all would apply for visas in S.A.  where they live.  The children do not have approved I-130s yet, so aren't part of the current issue except being counted in the household size.

 

To really understand more, we would need to know answers to questions I've asked that have not been answered yet.  The OP may not wish to answer those questions in this forum, but it limits our ability to assist and advise.

 

We need to know exact wording in the denial letter.  All that has been quoted are from form instruction.  We need verbatim reasons given and exactly what the officer indicated was needed. Since there is no such thing as a co-sponsor, clearly that is not what was asked for.  Perhaps they gave the option of a "joint sponsor".  That would be a positive, and indicate it's less likely there are other issues besides the financial.

[TBoneTX 45,267]

Several assaultive posts have been removed, and one participant has been banned from this thread.  We can disagree without being disagreeable.

 

TBoneTX

for VJ Moderation

[carmel34 3,622]

Foreign, self-employment income of the beneficiary/immigrant that would continue after she immigrates to the USA will always be subject to a high level of scrutiny.  Solid, W-2 income from a steady job in the US is what consular officers prefer as it is more credible and less likely to stop.  You can try to justify the continuation of the self-employment income after she becomes resident in the US, but if it does not work, a US-based qualifying joint sponsor may be needed.  I suggest that you start lining up a joint sponsor if you end up needing one.