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gary

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Posts posted by gary

  1. As several members have stated, old versions of the I-864 required notarization. Here's the current USCIS policy specifically stating that notarization is no longer required:

     

    Some editions of the Form I-864 and Form I-864A include a jurat to be completed by a notary or by a consular or immigration officer to show that the person signed or
    acknowledged the signing of the Form I-864 or I-864A under oath. The Form I-864 and Form I-864A, however, provide that they are signed “under penalty of perjury.” Thus, 28
    USC 1746 (which deals with the legal effect of unsworn statements) makes it unnecessary for Form I-864 and Form I-864A to be signed in the presence of or certified
    by a nota ry public or an Immigration or Consular Officer. Note that the jurat has been removed from the January 15, 2006 edition of the Forms I-864 and I-864A. Form I-86EZ
    is a newer form, and therefore never had the jurat.

    Source: USCIS Adjudicator's Field Manual ch. 20.5(b).

  2. MWatney,

     

    Glad your case was approved. Just a couple insights on why you ran into problems, in case anybody else has similar issues.

     

    Overall, the affidavit of support must show that a sponsor's "current household income" is enough that the sponsor will likely be able to meet his or her obligation to support the intending immigrant "in the future" 8 C.F.R. 213a.2.

     

    1. Why didn't the consular officer accept your letter stating that you have a job offer in the U.S.? Because the law requires you to prove that your "current" income (not your future income) is sufficient. Further, the Secretary of Homeland Security wrote in the governing regulations that "The prospect of employment in the United States that has not yet actually begun will not be sufficient to meet [the household income] requirement." 8 C.F.R. 213a.1.

     

    2. Why didn't the consular officer accept your China employment income as evidence of your ability to support your wife in the U.S.? Because you must prove that you can meet your support obligations "in the future." If you've been residing abroad, a requirement to qualify as a sponsor is that you wil re-establish domicile in the U.S. not later than when your wife immigrates. Ordinarily in this scenario your foreign-earned income stream will end. The U.S. Consulate in Jerusalem has explained this clearly: Foreign-sourced income will not be considered by for purposes of meeting the minimum income requirement if, after the sponsor moves to the U.S., that source of income will be discontinued.

  3. There seems to be more to say on this topic of whether a PRC citizen who gets a U.S. green card should under PRC law cancel their hukou and what are the consequences of failing to do so.

     

    It's being discussed in Quora here: https://www.quora.com/China/Is-it-true-that-Chinese-citizens-who-obtain-a-US-Permanent-Resident-card-will-have-their-Chinese-hukou-cancelled

     

    I've posted there links to the PRC National People's Congress regulations, as well as the Beijing, Shanghai, and Inner Mongolia regulations.

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