I am looking for an answer to a specific situation. I am also looking for case law examples to back my case. My wife had her interview in Guangzhou, China. She was asked many questions about me: Whether I am still employed (I am); my age (69); etc. Her visa application was preliminary approved. However, she was inexplicably requested to get a co-sponsor and provide appropriate tax returns. My I-864 shows my income for 2014 at $76,824; for 2013 at $60,554; and for 2012 at $56,624. This is more than double the 2015 poverty guideline for a household of 4 (which includes an adult adopted daughter, living on her own who also sponsored by me). The guideline amount is $30,312. Can the consulate require this co-sponsor? I do not want to place anyone else into a legally binding contract with the Federal government to support my wife and son. Speculative positive income cannot be considered for I-864. Can speculative reduced income be considered to require a co-sponsor. I fear there may been prejudice against us due to my age. I have not retired. But yes, I may retire in the future. Can the Consular officer use this against the present facts to make this requirement of a co-sponsor. Because there was no explanation from the officer as to why this requirement was established, I can only go by the facts and the nature of some of the interview questions. I am also only speculating. The facts support our visa application, yet further requirements were established. What case law is there to support our case?
If a consular official has a reasonable belief, even if unsubstantiated, that you or your beneficiary are disqualified, then the State Department can demand more evidence. Currently, there is a good chance that she was tentatively denied based upon INA Section 221(g). You really need to decide whether you can afford an competent and experienced attorney, let alone, petition your wife. You will likely need a joint sponsor. There may be other unmentioned complications Good luck.
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