I-864, NVC, GZ Consulate and Approval of Form

[HotBaozi]

It appears I incorrectly believed that GZ conoffs may give a thumbs up or down when a Chinese wife submits a live signed copy of the I-864 and supporting documents that the husband submitted to the NVC. However, a legal source has informed me that conoffs do not readjudicate financial documentation already approved by the NVC.

 

Any thoughts from ocd observers?

[Randy W]

It appears I incorrectly believed that GZ conoffs may give a thumbs up or down when a Chinese wife submits a live signed copy of the I-864 and supporting documents that the husband submitted to the NVC. However, a legal source has informed me that conoffs do not readjudicate financial documentation already approved by the NVC.

 

Any thoughts from ocd observers?

 

 

The original of the I-864 (w/inked signature) is submitted at the interview, if they don't already have it.

 

I would expect that the VO can demand a NEW I-864, if the old one needs an update, such as for current tax returns after April 15 of a new year.

 

The visa is approved or denied, based, in part, on the financial evidence submitted. The VO is required by law to consider the totality of circumstances (NOT just the I-864) in determining whether the intending immigrant might become a public charge while in the U.S. Even if your circumstances have changed, your career and income potential have not.

 

If the visa is approved, your I-864 is not approved separately, but becomes a piece of paper which is included in her file, albeit as supporting evidence - a contract between yourself and the government concerning her support.

 

So, yes, I'd say you've PASSED that test, and I'd say that it's unlikely that they would ask for a new one this time of year, but they can deny your visa for any valid reason or wild hair up their a$$.

[HotBaozi]

Attorney Marc Ellis states: "Presenting a new I-864 at the interview is acceptable. The old one cleared the NVC. I've never seen an I-864 returned to NVC from a consulate."

 

The only reason we would present a new one is learning yesterday the form expired in March 2015. However, the NVC accepted it anyway.

 

Eunice states that the consulate is only accepting the current release of I-864 since a couple of months ago, which differs from Marc Ellis opinion.

Edited December 30, 2015 by HotBaozi (see edit history)

[Randy W]

Attorney Marc Ellis states: "Presenting a new I-864 at the interview is acceptable. The old one cleared the NVC. I've never seen an I-864 returned to NVC from a consulate."

 

The only reason we would present a new one is learning yesterday the form expired in March 2015. However, the NVC accepted it anyway.

 

Eunice states that the consulate is only accepting the current release of I-864 since a couple of months ago, which differs from Marc Ellis opinion.

 

 

As far as "adjudication", I don't believe the form is "adjudicated" until she enters the U.S. - but that you will not be asked to fill out a new one simply because a new form exists.

 

You might take a look at the new form (I see it's dated July, 2015) to see what, if anything, has changed and decide for yourself whether it might be desirable to have a NEW I-864 with this new form available at the interview. I would suggest turning in the NEW form ONLY if it's asked for.

 

Even after the new form is issued, there is usually a grace period (maybe 2 months?) where EITHER can be submitted.

 

I think you're cool - especially if you can have the NEW I-864 available at the interview JUST IN CASE. Remember that yours was already submitted (and processed) to NVC - all they need from here is the original with your signature in ink.

 

Edit: Looks like the update is for the barcode.

Edited December 30, 2015 by Randy W (see edit history)

[Randy W]

Update to Forms I-864, Affidavit of Support Under Section 213A of the Act, I-864A, Contract Between Sponsor and Household Member, I-864EZ, Affidavit of Support Under Section 213A of the Act, I-864W, Intending Immigrant's Affidavit of Support Exemption. New editions dated 07/02/15. (Starting 10/06/15, USCIS will only accept the 07/02/15 edition. Until then, you can use the 03/22/13 edition.) The edition date can be found at the bottom of the page on the Form and Instructions.

 

http://www.uscis.gov/forms-updates

 

You should be good to go with the one that's already been ACCEPTED AND APPROVED, but it can't hurt to have the new one on hand

Edited December 31, 2015 by Randy W (see edit history)