HELP PLEASE

[meorbust 0]

Don't mean to be rude, but please only reply with some sound info or advice. Looking for assistance not criticism. Thank you.

First of all what is this business about K1, K3, IR, etc, etc. Can someone tell me which category I fall under? I was married overseas and submitted the I-130, the I-864, my wife even had her appointment. What category am I in. Please read my situation below and HELP ME PLEASE. I AM SO FRUSTRATED!!! THANK YOU

I am an American currently residing overseas in Qatar where I am employed as an English Instructor.

My Ethiopian wife, who I have been married to for almost 4 years, is presently residing with me in Qatar. However our case is in the hands of the U.S. Embassy in the United Arab Emirates, as that is where she was residing when our case was filed.

I had been requested to submit an I864 from a joint sponsor and proof of domicile. (Of course I also submitted an I864 with my personal information, although that had no value since my income is overseas).

My father who makes about $60,000 each year submitted the joint sponsor form. They are now asking for a second sponsor. My wife and I have no kids, so I am sure that my father's income meets the requirements for financial responsibility. Also noteworthy is that the address of my father differs from the address that I provided on my 864 and documents showing domicile.

Secondly, concerning domicile, I have submitted the following and still have been rejected: proof of voter registration, a valid driver's license, statements from my U.S. bank account (which included a letter showing years of maintaining the account) and credit cards, and mutual fund account statements (all statements having the same mailing address). All of my documents showing domicile use the same address except my license which shows another address in the same state. I also have a utility bill in my name that I will submit the next-time around. Is this not sufficient? I am sure there have been some who have been granted a visa with less documentation than this! I feel like there is someone at the Embassy who gets turned on by rejecting applicants!!!!!!!!!!

May I also add that after inquiring to know if they had received the joint sponsor form (about two months after I mailed it) I was informed by email that it had not been received. Then a couple days later, I asked if I could send a copy since the originals had apparently been lost in the mail. They then replied that I needed 'another' joint sponsor which I assume means they did indeed have the original I-864 in the first place. SOUNDS FISHY TO ME!

ANY advice would be greatly appreciated. I am now even willing to pay for a lawyer to assist me. Can you please give me some advice and/or provide me with ANY contacts of lawyers who help Americans residing overseas?

If you choose to, you can drop me an email at dshell32@gmail.com. THANK YOU!

[Penguin_ie 5,996]

Considering you are already married, and it is over 4 years, you have two options for visas: IR1 or K3. K3 would need to be filed via the USA though and if you filed overseas, directly with the embassy, you probably used a process called DCF (direct consular processing), which only results in IR1. IR1 is the better visa anyway, it results in a 10 year green card upon arrival in the USA whereras with the K3, you'd need to pay additional fees and wait longer once in the USA to get the green card.

The thing about the joint sponsor is very strange. I assume you saw the form your father filled in, ie he really makes 60'000 and didn't just tell you that? Assuming his income is steady and the form was filled out correctly, I cannot ee why they'd ask for another sponsor. You may want to ring the embassy and ask, as there could have been a missunderstanding.

For domicile, you have plenty of proof. All we had was a mailing address and a property we owned in the USA, so you should be fine there. However, from the way you write, it sounds like you may have been rejected for the visa itself, not the domicle issue. A visa isn;t automatically granted if you can proof domicile, even if you can also proof enough income for the I-864. You can be denied on other grounds such as medical issues, substance abuse issues, lack of bonafide marriage proof, your wife having previously lied on a visa application or overstayed in the USA and other reasons. It might help if you posted the email/ letter you got from the embassy denying your wife's visa in full (taking out identifying info such as name, phone numbers etc).

[pushbrk 13,066]

Don't mean to be rude, but please only reply with some sound info or advice. Looking for assistance not criticism. Thank you.

First of all what is this business about K1, K3, IR, etc, etc. Can someone tell me which category I fall under? I was married overseas and submitted the I-130, the I-864, my wife even had her appointment. What category am I in. Please read my situation below and HELP ME PLEASE. I AM SO FRUSTRATED!!! THANK YOU

I am an American currently residing overseas in Qatar where I am employed as an English Instructor.

My Ethiopian wife, who I have been married to for almost 4 years, is presently residing with me in Qatar. However our case is in the hands of the U.S. Embassy in the United Arab Emirates, as that is where she was residing when our case was filed.

I had been requested to submit an I864 from a joint sponsor and proof of domicile. (Of course I also submitted an I864 with my personal information, although that had no value since my income is overseas).

My father who makes about $60,000 each year submitted the joint sponsor form. They are now asking for a second sponsor. My wife and I have no kids, so I am sure that my father's income meets the requirements for financial responsibility. Also noteworthy is that the address of my father differs from the address that I provided on my 864 and documents showing domicile.

Secondly, concerning domicile, I have submitted the following and still have been rejected: proof of voter registration, a valid driver's license, statements from my U.S. bank account (which included a letter showing years of maintaining the account) and credit cards, and mutual fund account statements (all statements having the same mailing address). All of my documents showing domicile use the same address except my license which shows another address in the same state. I also have a utility bill in my name that I will submit the next-time around. Is this not sufficient? I am sure there have been some who have been granted a visa with less documentation than this! I feel like there is someone at the Embassy who gets turned on by rejecting applicants!!!!!!!!!!

May I also add that after inquiring to know if they had received the joint sponsor form (about two months after I mailed it) I was informed by email that it had not been received. Then a couple days later, I asked if I could send a copy since the originals had apparently been lost in the mail. They then replied that I needed 'another' joint sponsor which I assume means they did indeed have the original I-864 in the first place. SOUNDS FISHY TO ME!

ANY advice would be greatly appreciated. I am now even willing to pay for a lawyer to assist me. Can you please give me some advice and/or provide me with ANY contacts of lawyers who help Americans residing overseas?

If you choose to, you can drop me an email at dshell32@gmail.com. THANK YOU!

The eventual visa category is IR1.

Is your father a US Citizen or Legal Permanent Resident? Did he submit documentation of his income such as tax returns etc.? Was the I-864 signed and properly completed? Did you file the petition with the Embassy directly or did it go through a service center in the USA? If directly, yours is a DCF case and needs to be discussed in the Direct Consular Filing forum. An organizer will move the thread to the appropriate forum.

[Mononoke28 135]

It sounds like you did DCF (Direct Consular Filing) since you submitted an I-130 and now have to submit an I-864 to the embassy. The visa to be approved will be an IR1 which stands for Immediate Relative 1. It's a visa given to spouses of petitioners who have been married more than 2 years. The good thing about this is that she will receive her 10 year green card in the mail after she arrives.

As for the I-864, it sounds like you're covered since your dad makes $60k a year. Make sure you not only submit his I-864 but also copies of either his tax returns and corresponding W2s OR IRS transcripts, either one is valid. Maybe a letter of employment and a few copies of his most recent pay stubs. That way the embassy won't have reason to decline.

And as for your domicile, you have more than enough proof. It also doesn't have to be the same as your father's.

Diana

[meorbust 0]

Penguin: Thank you for the clarification. I am indeed an IR1 case.

Of course I saw the form my father filled out!!! THe W2s were also supplied. Well copies I should say. I have tried to call them. No answer all the time. WHich is why I am going to try to transfer the case to Qatar so that I can at least make someone look me in the eye when they give an excuse for rejection. The thing about it is the UAE embassy didn't even give a reason for wanting a second joint sponsor!

ANd you say it sounds like I have been rejected for the visa itself. That can't be the case, because they wouldn't have asked for further documentation (domicile and sponsor) if the visa itself was rejected. I have no medical issues. My wife passed the medical test, no substance abuse issues, and as for the marriage proof, they were provided with the original certificate itself. And wouldn't they have stated that as being a problem in the past?!!!! My wife has not lied and overstaying in the US can't be a reason because she has never even been to the U.S.

[meorbust 0]

It sounds like you did DCF (Direct Consular Filing) since you submitted an I-130 and now have to submit an I-864 to the embassy. The visa to be approved will be an IR1 which stands for Immediate Relative 1. It's a visa given to spouses of petitioners who have been married more than 2 years. The good thing about this is that she will receive her 10 year green card in the mail after she arrives.

As for the I-864, it sounds like you're covered since your dad makes $60k a year. Make sure you not only submit his I-864 but also copies of either his tax returns and corresponding W2s OR IRS transcripts, either one is valid. Maybe a letter of employment and a few copies of his most recent pay stubs. That way the embassy won't have reason to decline.

And as for your domicile, you have more than enough proof. It also doesn't have to be the same as your father's.

Diana

Diana: Copies of my father's tax return and W2's were supplied. And he provided a letter of employment. I thank all of you for your advice, but I have to be honest: It makes me even more angrier and frustrated to hear all of you saying I shouldn't be having these problems, but that I am still having them.

It sounds like you did DCF (Direct Consular Filing) since you submitted an I-130 and now have to submit an I-864 to the embassy. The visa to be approved will be an IR1 which stands for Immediate Relative 1. It's a visa given to spouses of petitioners who have been married more than 2 years. The good thing about this is that she will receive her 10 year green card in the mail after she arrives.

As for the I-864, it sounds like you're covered since your dad makes $60k a year. Make sure you not only submit his I-864 but also copies of either his tax returns and corresponding W2s OR IRS transcripts, either one is valid. Maybe a letter of employment and a few copies of his most recent pay stubs. That way the embassy won't have reason to decline.

And as for your domicile, you have more than enough proof. It also doesn't have to be the same as your father's.

Diana

Diana: Copies of my father's tax return and W2's were supplied. And he provided a letter of employment. I thank all of you for your advice, but I have to be honest: It makes me even more angrier and frustrated to hear all of you saying I shouldn't be having these problems, but that I am still having them.

[Mononoke28 135]

This is true, if you gave them everything that they requested they shouldn't have given you any issues. You need to keep trying until someone gives you a fair answer because all of us have done and given them what you said you have and haven't had any issues.

Also, it doesn't sound like your wife has had her interview yet and they're just gathering paperwork, so they still haven't denied or approved her visa.

Diana

[I Miss Her 0]

I mentioned earlier in other forum, you are coming under Direct Consular Filling (DCF) category.

Problem probably due to different address used on I-864 and domicile plus you have different address on your driving license.

[meorbust 0]

Mononoke,

My father is a US Citizen, unless there is a secret he has kept from me for so many years!!!! (joke)

Yes he submitted his tax returns, the I-864, and an employment letter verifying employment. Has anyone been asked to for a joint sponsor to provide an employment letter from their employer?

The case was filed through the USCIS (is that the correct acronym) originally but was eventually transferred to the embassy which would eventually have to happen because my wife has never entered the U.S.

I have copied and pasted my case to the DCG forum also.

Edited February 4, 2009 by meorbust