Possible mistake made by interviewer

[ja0701 10]

My husband had his interview on May 16th, we filed our case completely in November 2023. We practiced a lot before the interview and felt really confident going into the interview.

 

Some context for understanding: I was a student in 2020, 2021, 2022, and halfway through 2023 I got a really good job (pays way above the 125% rule) but I knew i would still need an additional sponsor to assist with the fact that I dont have tax history. My mother, who has been retired since 2022, was our only option. Her and I live together in the home that we own. I consulted with many people, did a lot of research here on this website, the NVC website, and it was clear I needed to file an I864A for her, not only because she is a household member, but also because she does not qualify to be a sole joint sponsor (her pension payments only amount to $24,000 per year and $116,000 in assets). 

 

At the interview: the interviewer, at some point, asked my husband if my mom and I live together, if we all plan to live together, and he replied yes to all those questions. After some time she said to my husband you filed the wrong form for my mom (the household member). She said we filed an I864A instead of an I864. My husband was kind of stumped because this wasn't something we prepared for and he asked her okay what do I do now instead of asking for a reasoning of how the interviewer came to that conclusion. So, now we received a 221(g) to re-file an I864 for my mom, but if we do that surely our application will get denied because she does not qualify under the I864 requirements. We have sent an email to embassy asking for clarification but we haven't heard back yet (they're closed till Monday).

 

My questions to the community: Has anyone experienced anything like this before? If so, what should we do? Does anyone have any insight as to why or what is happening? Is it possible the interviewer made a mistake or just some kind of misunderstanding/miscommunication? Any help or insight would greatly appreciated. Thank you all! 

[Boiler 45,756]

You need a well qualified Joint Sponsor, what is the nature if the $116,000 assets?

 

And which Consulate?

[ja0701 10]

1 minute ago, Boiler said:

You need a well qualified Joint Sponsor, what is the nature if the $116,000 assets?

 

And which Consulate?

The $116,000 is in home assets. It is the consulate located in Jerusalem. Why do you think the interviewer said we submitted the wrong form for her? (an I864A instead of I864)

[Crazy Cat 41,985]

14 minutes ago, ja0701 said:

The $116,000 is in home assets. It is the consulate located in Jerusalem. Why do you think the interviewer said we submitted the wrong form for her? (an I864A instead of I864)

Primary residence cannot be used as assets.  The Consulate Officer evaluates the totality of the financial circumstances.  As such, the consulate officer has the discretion to ask for a JOINT sponsor.  Joint sponsors must submit an I-864. I would find a well-qualified one. That would be the path of least resistance.

Edited May 19 by Crazy Cat

[Boiler 45,756]

14 minutes ago, ja0701 said:

The $116,000 is in home assets. It is the consulate located in Jerusalem. Why do you think the interviewer said we submitted the wrong form for her? (an I864A instead of I864)

I have not been an A Student of the I 864 for sometime,  now @pushbrk is and I will leave it to him.

 

I did think the amount you mentioned was a home and presumably the one you live in so does not count.

 

Is he an Israeli? Seems a lot of Russians are going through Jerusalem.

Edited May 19 by Boiler

[ja0701 10]

1 minute ago, Crazy Cat said:

Primary residence cannot easily be used as assets.  The consulate officer has the discretion to ask for a JOINT sponsor.  Joint sponsors must submit an I-864. I would find a well-qualified one. 

Understood. But, she specifically asked the my mother resubmit her form as an I864, not to find another joint sponsor. This is another area of the issue in which we are really confused. 

[ja0701 10]

1 minute ago, Boiler said:

I have not been an A Student of the I 864 for sometime,  now @pushbrk is any I will leave it to him.

 

I did think the amount you mentioned was a home and presumably the one you live in so does not count.

 

Is he an Israeli? Seems a lot of Russians are going through Jerusalem.

He is Israeli Palestinian 

[Crazy Cat 41,985]

1 minute ago, ja0701 said:

Understood. But, she specifically asked the my mother resubmit her form as an I864, not to find another joint sponsor. This is another area of the issue in which we are really confused. 

If she cannot qualify, do NOT ask her to submit an I-864.   That would be useless since a joint sponsor must be fully qualified.   Seek a well-qualified Joint sponsor. 

[ja0701 10]

1 minute ago, Crazy Cat said:

If she cannot qualify, do NOT ask her to submit an I-864.   That would be useless since a joint sponsor must be fully qualified.   Seek a well-qualified Joint sponsor. 

I totally agree thats why I'm so confused that the consulate officer told my husband to submit an I864 for my mother because using the I864A for her was wrong (thats what the interviewer said). The interviewer did not ask for a new joint sponsor or anything. 

[Boiler 45,756]

18 minutes ago, ja0701 said:

I totally agree thats why I'm so confused that the consulate officer told my husband to submit an I864 for my mother because using the I864A for her was wrong (thats what the interviewer said). The interviewer did not ask for a new joint sponsor or anything. 

He has to have the right form to decline it.

[Skyyy 7]

2 hours ago, ja0701 said:

Understood. But, she specifically asked the my mother resubmit her form as an I864, not to find another joint sponsor. This is another area of the issue in which we are really confused. 

If they are asking i864, submit it. Why are you worrying?

[ja0701 10]

11 minutes ago, Skyyy said:

If they are asking i864, submit it. Why are you worrying?

As i mentioned above - my mother does not meet the requirements for I864, but the interviewer still asked for it from her anyway stating that we filed the wrong form (form I864A which my mother does meet the requirements for). 

 

I am "worrying" because i am trying to reunite my family, to take my husband out of a war zone where people of his type are being prosecuted and killed, and do not want to face rejection from the embassy, and came to this community for understanding and helpful advice. Thank you. 

Edited May 19 by ja0701

[Lemonslice 4,922]

https://www.visajourney.com/timeline/profile.php?id=458233

[Crazy Cat 41,985]

1 hour ago, Skyyy said:

If they are asking i864, submit it. Why are you worrying?

If the joint sponsor isn't qualified, the Consulate Officer isn't going to approve the I-864.

[Family 4,065]

No need for Joint Sponsor or I-864 A mom’s income or assets. OP qualifies on her own through current; income. …regardless of past years tax return figures. 
 

Respond with updated paystub, job letter and strong statement that based on Petitioner/Sponsor current income qualification, there is no requirement for Joint Sponsor or Household Member’s income or assets.