864 for interview

[markndannie]

i am trying to decide what is best for our cr1. When i submitted my 864 i was working. Now i am not and will return to China to stay with my wife until her visa. I have the assets to meet the requirements but no current job information. I made enough salary this year to exceed the poverty guidlines. Just wondering should i just update my 864 to show my assets or is it better to have a co sponsor? any comments or help greatly appreciated.

mark

[tywy_99]

i am trying to decide what is best for our cr1.  When i submitted my 864 i was working.  Now i am not and will return to China to stay with my wife until her visa.  I have the assets to meet the requirements but no current job information.  I made enough salary this year to exceed the poverty guidlines.  Just wondering should i just update my 864 to show my assets or is it better to have a co sponsor?  any comments or help greatly appreciated.

mark

133466[/snapback]

It is always the smart thing to have an I-864 at the interview for IV applicants. Have an up-to-date I-864 and go to the interview with the "don't ask-don't tell" approach.

[david_dawei]

if the choice was between adding assets or a co-sponsor, I'd think a co-sponsor is a better route.

 

They have the affidavit of support, so my guess is that they would simply ask for some sort of proof of income (employer letter is often asked and makes sense since it shows future earnings--assuming you keep the job).. in your case, you don't have one...

 

What were your plans if they only ask to see an employment letter?

[markndannie]

exactly my question. I will be in china for 3 or 4 months, sooo to be safe i guess i should have a co sponsor? i really don't want to have to come back to the states just to show i am working, as a contractor i can pick and choose my work during the year.

mark

[bubbafred10]

I read elsewhere and was advised not to give more information that's not asked for. I agree with the advise. It applies to you too. If information was good before, it's still good until they (GUZ and NVC) ask for update. After all, even if your employment situation is status quo, there is NO guarantee it will be the same when laopo arrives in US. Likewise with me, and all others.

 

The problem with volunteering change in status is the time it will take for additional review. One must always consider the infentile mental capacity of NVC, USCIS, and GUZ. There are several reasons I make this statement:

 

1. My middle name was mis-spelled by NVC data entry and therefore in NVC computer system. I notified NVC and requested correction. NVC replied twice (not once) to tell me that I needed to fill out adjustment forms. I had to send copies of all the documents that I sent with I-130 petition (I-130, the 325's, passport, SS card, etc) with my name and middle name circled with a note "my legal and correct original name". Then I made copies of NVC's letters and circled my mis-spelled name and put a note "Incorrect spelling made by NVC". That did the trick and NVC "updated" my name. Something simple but so difficult for infentile minds.

 

2. My I-130 petition for my stepson's CR2 is not yet completed by CSC. It is due to some changes in both procedures and probably the guidelines. I recently read that Homeland Security made changes effective in May and June. Hence the I-130 petition for my stepson is going very slow because it has to go through "detailed" processing. It only means it has to go through a second processing with the new procedures and guidelines, and USCIS wants to collect data whether the result would be different compared to the old guidelines etc. Once again it shows the infentile minds and step by step procedures they have to follow.

 

3. There appears to be disconnect between DOS and GUZ, and between GUZ inter-departments. DOS informed me that my laopo's name check is completed. GUZ told me that they have not received the case. It seems there are different processing departments in GUZ that answer directly to DOS but not to each other within GUZ. Although I agree with this process and procedures, but it also shows how complications if there is a "change" and how much time it will take to resolve the "change". If there is a red flag, such as change of condition, in one department, DOS will have to stop processing in other departments (as it should be) and the whole process has to start from day 1 on evaluating whether you have the financial means to provide support.

 

In conclusion, since there is no guarantee that my financial status will be the same by the time my laopo arrives in the US, and since neither USCIS nor NVC requests periodic updates of our financial status, I don't see any reason to be a foolish goody-two-shoes. GUZ may ask for updated I-864, it's only for those on borderline financial condition. Even if they ask for update, what would they do with it? Go back and re-evaluate again? If you have enough financial assets, why bother taking chances of going through the re-evaluation process? It can only mean two or three more months of wait.

 

Just carry on. You are the master of your own destiny, and of your laopo's.

[david_dawei]

exactly my question.  I will be in china for 3 or 4 months, sooo to be safe i guess i should have a co sponsor?  i really don't want to have to come back to the states just to show i am working, as a contractor i can pick and choose my work during the year.

mark

133481[/snapback]

Does that mean you are self-employed? If yes, no employment letter is needed... just the 3 year of taxes would suffice to show income. Your bank statement letter could show current year. This would all seem sufficient.

 

If not self-employed, are you a contractor under someone else? If there's anyway of getting an employment letter, I'd get one.

[LeeFisher3]

If your I-864 did not have your 2004 taxes included make sure you have this, I seem to recall GZ asking for the latest tax year if it wasn't in the original filing.

[obxtrainman]

Just what is the poverty line, why don't they give a dollar amount?

[david_dawei]

http://uscis.gov/graphics/howdoi/affsupp.htm

 

2005 POVERTY GUIDELINES*

Minimum Income Requirement for Use in Completing Form I-864

 

For the 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and Guam:

Sponsor's Household Size 100% Poverty Line 125% Poverty Line

2 12,830 16,037

3 16,090 20,112

4 19,350 24,187

5 22,610 28,262

6 25,870 32,337

7 29,130 36,412

8 32,390 40,487

Add $3,260 for each additional person Add $4,075 for each additional person

[LeeFisher3]

Just what is the poverty line, why don't they give a dollar amount?

133492[/snapback]

It changes every year and they publish new numbers in March/April of each year.

[obxtrainman]

Thanx guys, that was very helpfull.