Hi There,
Here's the situation:
I'm USC, resident in Washington State.
Spouse is Ukranian. She lives abroad in a 3rd country (Namibia), where she was previously married. Has two minor children from ex.
We were married in Olympia, WA July 2023. She went back to Namibia, where she is Permanent Resident, as we decided to go consular route, CR1.
i-130 file Sep 2023, approved within days
DQ on NVC early December. (We applied I-864 route by attempting to use her existing foreign income, which she receives from her two retail stores, which she does not physically manage. This is easily proven with long established business formation documents and also Namibian Tax Transcripts)
I completed an I-864 (not enough income; I'm still rebuilding business after Covid)
So completed I-864a with Spouse as HOUSEHOLD MEMBER (I successfully added her as one under the Spouse category on CEAC) but also as the Intending Migrant where we attempted to use her continuing FOREIGN income from the two shops mentioned above (about $75000 annually) as proof to meet the threshold.
All this was accepted by NVC. No issues.
Interview today 15 Feb 2023 JOHANNESBURG, South Africa as it handles Namibian Immigrant Visas
However, at the interview: Immigration Officer gave SPOUSE 221(g) Refusal/Administrative Processing - saying she cannot sponsor herself (Which as i understand is incorrect, as per I-864Ainstr - two extracts of that document below), and that we need a Co-Sponsor.
https://www.uscis.gov/sites/default/files/document/forms/i-864ainstr.pdf
"Who May Be Considered a Household Member for Purposes of Form I-864A? For purposes of this contract, one or more of the following individuals may sign the Form I-864A as a household member if at least 18 years of age:
1. The intending immigrant, if the sponsor seeks to rely on an intending immigrant s continuing income to establish the sponsor s ability to support the intending immigrant s spouse or children;"
How Can the Intending Immigrant Be Considered a Household Member? Listed below are two ways that the intending immigrant may be considered to be a household member for the purposes of pooling income with the sponsor to meet the Affidavit of Support requirements: Form I-864A Instructions 12/08/21 Page 1 of 10
2. The intending immigrant is the sponsor s spouse and the intending immigrant can show that his or her income will continue from a lawful source after acquisition of lawful permanent residence.
Was he wrong, or am I missing something.