K asked in Politics & GovernmentImmigration · 8 months ago

NVC National Visa Center Affidavit of Support I-864?

I was wondering whether the US embassy overseas can override over NVC Affidavit of Support docs? With my husband included along with 2 household members (my retired parents) we are a household of 4 totaling $39,361.60 income and the minimum for 4 is $32,187, so I am presenting $7,174 more above the minimum limit. NVC just accepted my AoS so it should be forwarding it to the embassy for interview. There were no remarks left on any of my NVC docs to fix anything so all is good. My question is whether a consular officer can still say "well I dont like the income being $39,361.60 so I am denying it based on that!" even though we are $7,000K above the minimum. On I864 it clearly says that assets should only be included if one doesnt meet the minimum & I personally dont meet the minimum & thats why i added parents to my I864 so no assets of mine were included based of I864 instructions. Am I overthinking this or the officer can go against USCIS and NVC and deny based on that $39,361.60 or they cant go against what the law/rules are even if you are $1 above the minimum? Also, in case if consulare officer can do whatever he/she wants, then why would USCIS ask that a petitioner only includes assets if individual income or combined income with someone else still doesn't meet the minimum? Makes no sense that I-864 instruction doesn't want assets if you can get a sponsor/household member but if a US consular officer feels like they can deny the AoS, they can do whatever they wants.

2 Answers

  • Foofa
    Lv 7
    8 months ago

    Probably not. But how you're going to support six people, two of them retired and ineligible for any public benefit (including Medicare) will prove to be the real challenge. Eventually your parents' medical bills alone are going to be far beyond your overall household income. 

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  • 8 months ago

    Let's clarify this. You want to sponsor your spouse? And you have retired parents living with you? Your Affidavit of Support must include YOUR earnings, not household income (e.g. Social Security of your parents?), and be sufficient for a household of 4. IF your parents are cosponsoring, their earnings must be sufficient for a household of 4, not just "make up the difference" between your earnings and requirements, and they file forms as cosponsors. If your retired parents live with you, it appears they are dependent on you, even if they contribute something to the household. 

    From your info here (which seems a bit garbled anyway), it appears that you do not earn enough to meet support requirements. If YOU are sponsoring someone, only YOUR earnings must meet support requirements (for a household of 4 in your case), or else you need a cosponsor to file their own forms.

    • K8 months agoReport

      NVC accepted my Affidavit of support...please read what I have written...we are waiting for an interview. 

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