clarissageo

Evening All

We've got a bit of confusion going on and wonder if anyone has been in the same situation or can shed any light on it.

Hubby is the USC, I'm the UKC - he is our main sponsor (me + 2 kiddies) and his mother is our joint sponsor. Hubby has had no income in the last year, as he has spent time in England with me throughout the process, but his mother more than meets the requirements.

On the I864's that were completed by my hubby and his mother, my hubby had his mothers house as the mailing address, and his house as the residential address - mainly because if anything came through from the NVC we wanted it to go straight to his mums whilst we were in England.

We have got the case complete message from the NVC, on the 17th September, and are just waiting for an interview date. Today our immigration lawyer advised us that they have received a letter from the NVC (dated 25th Sept) asking for my husbands mother to fill in and sign an I864A .... as they are members of the same household....... which they aren't.

I don't understand why they are asking for this - I thought that considering she is our joint sponsor anyway, that she is already obliged to provide the financial support without the I864A, and also, why would this be raised after the case is completed?

Any Ideas would be appreciated

Noorah101

You are right, if your hubby and his mother do NOT live in the same household, she does NOT need to do an I-864A. She correctly did an I-864 as required. Evidently the officer read the form wrong and instead of realizing her address was listed as "mail to", she just noticed the addresses on both forms were the same, and assumed they live together.

Your case is only in a "preliminary complete" stage. It won't be really complete until after the interview.

Perhaps your lawyer can contact someone at NVC and let them know of their mistake.

Rene

p.s. - Can one of the mods here move this to the Marriage-Based forum? Thanks.

meauxna

You should be allowed to have the option to have mother as a Joint Sponsor OR Household Member; review the Final Rule for the I-864 that changed the definition of Household Member and have your attorney review it too.

The NVC is turning into a bunch of nosy busybodies!

Your husband's residential address on the I-864 probably should have been the US one; that may be their issue. To be a Sponsor, he must be domiciled in the US.
You will be able to explain this easily in person in the interview which is why the NVC should just butt out.

clarissageo

Thanks for the replies I feel a bit happier now.

Hubbys address on the I864 is his US one - when we first got together he was living at his mums, but then when we went over to the states for 3 months we found a property that we liked and he now rents that one, so that was the residential address we used on the form, but kept his mums address as the mailing address, We thought it would save any confusion, but I guess not!

I will talk to my lawyer tomorrow and ask her about the final rule you mentioned.

The most annoying thing is that we thought we were all done, then this comes through! Its not as if the figures don't stack up - I've got enough in assets etc to cover myself, plus his mum as joint sponsor who more than covers the requirements...... Its just one thing after another!

I need to get back to the states now.... we are craving speedway french vanilla coffee at 1am and its driving me nuts!

meauxna

Here ya go, wade through this thread: http://www.familybasedimmigration.co...hread.php?t=21

How come they wouldn't take your assets into account? Oh, who knows.

And don't drink that disco coffee!

clarissageo

I shall go take a look

Goodness knows about my assets - they have never come back to us and asked for a joint sponsor, we just got his mother to do it anyway so all bases were covered. We've already had one RFE, because 'someone' didnt send my custody papers to the NVC with all of the original papers, but no other requests relating to the I864 at all.

I think I may well give them a call tonight myself and see wth is going on

ian-mstm

OMG... it's divine! We have a Speedway just a bit down our block, and I get a French Vanilla Cappuccino every day on my way to work! I feel your pain!

Ian

clarissageo

So I called the NVC last night - and was just told that the case was complete, and that they were scheduling interviews this week. the (very nice) lady on the phone said that my interview hadn't been scheduled yet, but to call back early next week as they were scheduling all week...... nothing mentioned at all about this wonderful bit of paper they need (last time we got an RFE for my custody papers they told me on the phone about it when I asked for an update) ..... very odd