I-864 Dilema in GUZ

[K.M.]

Filed I-130 directly with USCIS in GUZ and everything went very smoothly. It was approved quickly and sent to the consulate where we just had visa interview yesterday.

After the interview the consular official stated they could not approve the visa unless a co-sponsor was obtained. Asking someonme to be a co-sponsor is highly intrusive and I just don't get even why that is necessary.

I submitted, according to instructions, a letter stating that for the last 2 years I was not required to file a 1040 with the IRS because I did not meet the income threshhold. On the I-864 it states that I need to show 125% of poverty guidelines (approx $25k) x three since beneficiary is spouse. We showed approximately $200,000 in cash assets verified by US bank statements. Why wouldn't that be sufficient?

Is there any way to appeal this action or any other suggestions?

[Randy W]

There is no such thing as a minimum requirement in order to get the visa. The consular official's decision is final, and NOT subject to review.

 

Do you have a job in the US? Did you show evidence of looking for a job? A domicile established?

 

Do you have a job in China? If not, what did you live on? Over what period do the US bank statements show that amount?

 

There are concerns that you need to address to satisfy the VO that you will be able to support your spouse in the US.

[david_dawei]

I don't think I have ever seen assets alone used to satisfy a VO; I can recall maybe one case where assets seem to be accepted along with the income but it's hard to know if the asset was of any influence.

 

They expect to see dependable income year in and year out to cover the 'public charge' concern. You have at least 3 years if she were go pursue citizenship and many, many more years if not. They want to know these years are without question to them.

[Highlander 08 09 10 11]

Filed I-130 directly with USCIS in GUZ and everything went very smoothly. It was approved quickly and sent to the consulate where we just had visa interview yesterday.

 

After the interview the consular official stated they could not approve the visa unless a co-sponsor was obtained. Asking someonme to be a co-sponsor is highly intrusive and I just don't get even why that is necessary.

 

I submitted, according to instructions, a letter stating that for the last 2 years I was not required to file a 1040 with the IRS because I did not meet the income threshhold. On the I-864 it states that I need to show 125% of poverty guidelines (approx $25k) x three since beneficiary is spouse. We showed approximately $200,000 in cash assets verified by US bank statements. Why wouldn't that be sufficient?

 

Is there any way to appeal this action or any other suggestions?

 

Those "instructions" are just guidelines for the Interview Officer, that in the real world the Officer takes very little interest in. Having very much in assets, money, houses, etc. has little weight with the Interview Officer. That is just the way it is. The Officer is interested in seeing Tax Transcripts for 3 years on income "well over" the minimum.

[Kyle]

Filed I-130 directly with USCIS in GUZ and everything went very smoothly. It was approved quickly and sent to the consulate where we just had visa interview yesterday.

 

After the interview the consular official stated they could not approve the visa unless a co-sponsor was obtained. Asking someonme to be a co-sponsor is highly intrusive and I just don't get even why that is necessary.

 

I submitted, according to instructions, a letter stating that for the last 2 years I was not required to file a 1040 with the IRS because I did not meet the income threshhold. On the I-864 it states that I need to show 125% of poverty guidelines (approx $25k) x three since beneficiary is spouse. We showed approximately $200,000 in cash assets verified by US bank statements. Why wouldn't that be sufficient?

 

Is there any way to appeal this action or any other suggestions?

 

Those "instructions" are just guidelines for the Interview Officer, that in the real world the Officer takes very little interest in. Having very much in assets, money, houses, etc. has little weight with the Interview Officer. That is just the way it is. The Officer is interested in seeing Tax Transcripts for 3 years on income "well over" the minimum.

 

I think this is true in many cases. I'd suggest looking into a joint sponsor. I do not think your assets count for nothing, but in the end, security is what the VO is looking for. When you sign on the dotted line of the I-864 (and the joint sponsor), it is in effect, a legal binding contract between the sponsor and good ol Uncle Sam.

[david_dawei]

And let's not forget that the I-864 is used for other situations other than sponsoring a wife... so there may be other sponsorship circumstances where assets are deemed valid...