SB1 (Returning US Resident) & I-134 Financial support (Legal advice?)

[moon47]

We are at the final stages of the SB1 visa process. We have applied and been approved based on my wife's hospitalization just before our return.

 

We have successfully completed all other requirements IE medical, police etc.

 

We are at a standstill because if the I-134 form. We have both been in Thailand since 2015 and are unable to meet the %125 poverty guidelines as we have been receiving a 3rd world salary during that time or none at all when she was recovering from surgery.

 

I submitted our father in laws I-134 that would more  than qualify for financial support but have been told by the embassy:

 

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I-134 affidavits from joint sponsors are not legally binding in for this category of visa petition.

 

"Totality of circumstances” cannot serve as the basis for overcoming Section 212(a)(4) if the poverty guidelines are not met by the Petitioner.

 They also provided the fallowing about a surety bond but I have not ever heard of this nor do I understand how much of a bond would be necessary:

 

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Regarding the public charge concerns, as a last resort, you can get a sponsor to post a surety bond:

 

(4) (U) Surety Bonds: 

(a) (U) In cases where the applicant appears to be otherwise unable to meet the public charge requirements, the U.S. sponsor may wish to post an indemnity bond pursuant to INA 213.  Although the posting of a public charge bond does not, in itself, establish that an applicant is not likely to become a public charge, it might be sufficient, depending upon the circumstances in a particular case, to make possible a finding that the applicant overcomes INA 212(a)(4).  The bond should be used sparingly and only in borderline cases.  When an applicant appears likely on the facts to become a public charge (for example because of an acute physical condition and lack of adequate resources), the filing of a bond would not serve any purpose if the needs of the applicant would easily overcome the value of the bond.

(b) (U) The specifics of such a bond and the means of posting one are:

(i) (U) The U.S. sponsor would file the Form I-352 with the Department of Homeland Security.  Either a district director or, in some cases, a regional director, will then review the I-352.;

(ii) (U) If a family is proceeding as a unit to the United States, a bond may be required for more than one member of the family.  You should specify the name(s) of the person(s) for whom a bond is being requested.  If only the principal applicant is immigrating immediately, the number of remaining family members should not be taken into account until they are applying for visas;

(iii) (U) A public charge bond is canceled when the alien dies, leaves the United States permanently, or is naturalized.  The Department of Homeland Security/U.S. Citizenship and Immigration Services (DHS/USCIS) may, however, cancel a bond at any time if the alien has not become and does not appear likely to become a public charge five years after the entry into the United States.  The bond will be reviewed for cancellation upon the filing of Form I-356, Request for Cancellation of a Public Charge Bond, if the alien has not become a public charge during those five years;

(iv) (U) You should inform the alien, in these cases, that DHS/USCIS may require a larger bond to be posted at the time of application for admission; and

(v) (U) The visa issued in such cases must carry a notation that the bond was required and the notification (or a certified copy thereof) from DHS that the bond had been posted must be attached to the visa.

I am confused as to why a joint sponsor would not be accepted in a case where the returning immigrant was hospitalized and could not return to the US. How could this person be expected to provide financial support for themselves.

 

Any help would be appreciated, especially legal... !!

Edited April 3, 2017 by moon47

[moon47]

ALSO:

 

In our original refusal letter after our second interview we revived the request to supply the I-134 with financial support from my wife and/or her husband.

 

I currently do not make enough to cover the %125 poverty guidelines but would be able to easily overcome that if i return to the US alone and secure work.

 

Would I not be considered a "Joint Sponsor"?

 

I am afraid that if I do return and provide my I-134 with new income that they will still refuse to accept it.

 

I have asked them several times and of course they provide no real answer after several weeks of emailing back and forth.

Edited April 3, 2017 by moon47