Preliminary approval but with caveat

[mwatney]

http://i.imgur.com/coQy7YH.png?1

 

Issued!!!

[Greg.D.]

Yep, you did it!

 

It gets more real, here on out ...

[Randy W]

Congratulations!

 

Congratulations !!

[gary]

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.

Edited November 10, 2015 by Randy W (see edit history)

[Randy W]

The evidence of a sustainable career is EXACTLY what will overcome the public charge concern, both in the past and continuing in the future. This evidence can consist of the I-864 evidence, which can be supplemented with evidence of an active job search in the U.S., or even an employment offer. We had a recent case which was HELD UP for exactly that (the employment letter).

 

The Consular Officers are required by law to look BEYOND the I-864 to the "totality of circumstances" which will affect the immigrant upon arrival in the U.S.