Slapped with a 221g

[BishopMnA 0]

Cluster F ~ My husband and I went through the Lima embassy. We were not asked for "movimientos migratorios" ... my husband also says that you won't be able to obtain one of these unless you resided in Peru and had a DNI (documento nacional de identidad). I would give the Lima embassy a call & clarify this request. For your fiancee, this document is easy to obtain.

As far as the co-sponsor, get her the paperwork as soon as possible, once she has all the documentation, all she has to do is DHL it to the embassy and within a few days she will receive her visa via DHL. (pending everything is sufficient).

[011] (51-1) 618-2000 is the number to US Citizen services at the embassy. I have always found going this way to be more successful than waiting on the phone for the visa line. Sometimes they hang up on you or keep you on hold for an hour.

Good luck! Don't worry & ignore the negative comments. Everyone is human and we all make mistakes and/or overlook things, and you'll just get through it and everything will work out!

Buena suerte!

Hope I could help

Susita, beautiful advice. I concur!

You were not "slapped" with a 221g. You received a 221g because you were not prepared for the interview. The financial support requirement is NOT a pass/fail test, there is NO finish line where you win. It is a subjective decision made by ONE person who does not know you or your fiancee and has about 30 seconds to review what you give him. so for others...go to an interview with borderline financials an this is what you can expect. You reap what you sow

I understand that this may be subjective in many, if not all, consulates. Not everyone knows the immigration process in and out, and I don't feel that directing a post to the OP that basically scolds him like a child will make any difference in what has already occurred. It certainly isn't necessary to get your point across. For us that have been through the process, we are well aware of how the consulates operate. I just think in general we should all have mutual respect for each other and be as sensitive as possible to others going through the same painful experience we ourselves had once gone through. Being separated from Luis was the hardest thing I've ever done, so I understand.

I probably would have cried if I had gotten a reply like this for one of my questions. Thank god everyone I encountered during my K-1 and AOS process were super-supportive.

And again...

[luv2uallday 1]

a lesson to the moderators. FREE SPEACH ISN'T JUST PROMOTING IDEAS AND STATEMENTS YOU AGREE WITH BUT PROMOTING SPEACH THAT YOU DON'T AGREE WITH AS WELL. not biasly lifting one side up and opressing and censoring the other side just because you don't like what you hear and hide behind TOS. this cancer that grows in forums is what kills forums or nueters them at the least. good day. FREE SPEACH LIVES!!!!!!

Is graffiti "free speech"? Not if it isn't your wall!

Your right to free speech ends where it infringes on the rights of others. "Free" doesn't mean "free of cost". You have the right to say whatever you like, providing it's not libelous or slanderous, but you don't have the right to use somebody else's podium to say it. If you want to exercise your right to free speech, then lease your own server and put up your own forum or blog. If you post here, you do so with the permission of the people who run this site, and you agree to abide by their rules when doing so.

\

I agree with you on encroching on others right and disagree with you on the rest. I just think people should be allowed to voice their opinion whatever they may be We all are members in the "Arena of Ideas"

I feel here the forums have been too "Sanitized" where if you put an opposing statment you will be punished and to me that is wrong. I'm not the only one who holds this view I believe.

Now belittlling someone because of race, sex orientation etc is wrong no matter what you feel, but being blunt and honest about a subject is just as an important as being nice and cordial. withouth both ends of the free speach spectrum there is no free speach. just preching to the choir. The trick is finding balance between the two..

This is my opions agree or not. They are mine just as yours are yours. God bless you all.

[pushbrk 12,908]

From I-864 instructions (emphasis added):

How Do I Count My Household Size?

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support. If necessary to meet the income requirements to be a sponsor, you may include additional relatives (adult children,parents, or siblings) as part of your household size as long asthey have the same principle residence as you and promise touse their income and resources in support of the intending immigrant(s).

I don't mean to rub salt in any wounds but since you asked for it to be pointed out, I think that the phrase "no matter where they live" in the I-864 instructions probably would have settled any questions you had.

ok you win. touche for a good comeback! however, there is still the sticky question of how partial versus fully dependent is considered. for a three-member household i qualify on the 125% but not on four. it wasn't a gamble on my end, without lack of how this breakdown is considered i just figured that a partial dependent was equal to 50% support thereby giving me a three person household. true, i effed up on making the most plausible assumption. the fact that on my 1040 my kids are listed as dependents but without me claiming them as exemptions should have settled this but, in the end, it's obvious now that this is not the case. the bottom line is that the whole partial versus full dependency is immaterial insofar as uscis is concerned. they'll all get lumped in. and that is NOT explained in any of these forms.

This isn't a game of good comebacks. All you needed to do was ask the question here in the forums and you would have gotten a clear answer. If you claim them on your taxes, they count. If you put their names down as partially dependant, they count. If you don't claim them on your taxes, we would have told you not to mention them at all. All you had to do is ask. You had a way. You didn't use it. You didn't prepare. When you file for adjustment of status and removal of conditions, learn from this lesson. Read the forums, ask the questions or hire somebody who already knows what to do to help you.

Aside, let this be an example to all those who tell people they can definitely do it themselves. The ability is one thing. Actually learning the process and DOING it is another.

[Cluster F 0]

From I-864 instructions (emphasis added):

This isn't a game of good comebacks. All you needed to do was ask the question here in the forums and you would have gotten a clear answer. If you claim them on your taxes, they count. If you put their names down as partially dependant, they count. If you don't claim them on your taxes, we would have told you not to mention them at all. All you had to do is ask. You had a way. You didn't use it. You didn't prepare. When you file for adjustment of status and removal of conditions, learn from this lesson. Read the forums, ask the questions or hire somebody who already knows what to do to help you.

Aside, let this be an example to all those who tell people they can definitely do it themselves. The ability is one thing. Actually learning the process and DOING it is another.

i feel like i'm beating a dead horse here but this is bad advice. it is a given that with the 864 you have to file a copy of your taxes, correct? if your kids are listed as dependents even if you don't claim them as exemptions you must also list them on the 864 even if, again, you may not in fact pay one penny for their financial support. you cannot simply not list them under the 864 because your 1040 will show them and raise a flag in the best of scenarios and likely simply get you denied on suspicion of fraud.

i hope this issue is closed. we're both in agreement that if you're in the least bit concerned that you may not meet poverty threshold figures just find a way to get a co-sponsor because they'll probably screw you whether or not you technically are within specs on your own. end of story.

[Susita 175]

i feel like i'm beating a dead horse here but this is bad advice. it is a given that with the 864 you have to file a copy of your taxes, correct? if your kids are listed as dependents even if you don't claim them as exemptions you must also list them on the 864 even if, again, you may not in fact pay one penny for their financial support. you cannot simply not list them under the 864 because your 1040 will show them and raise a flag in the best of scenarios and likely simply get you denied on suspicion of fraud.

i hope this issue is closed. we're both in agreement that if you're in the least bit concerned that you may not meet poverty threshold figures just find a way to get a co-sponsor because they'll probably screw you whether or not you technically are within specs on your own. end of story.

Since you're the OP you can request that the moderators close the thread if you want to.

Again good luck

[cjblack 0]

Wow - reading through this thread, I'm realizing that it exemplifies everything that VJ should NOT be about - passive aggressiveness, belittlement, very unsupportive undertones - basically, flaming.

My fiancee just had her K1 interview yesterday so we're still fresh coming out of this process. The inevitable wounds caused by mistakes made during the K1 process are still just as fresh for us as the sweetness of our success. It's hard for me to believe that some "veterans" here feel so jaded, self-righteous, and "knowledgable" that they would try so hard to make an "injured" newbie feel like sh*t.

This really makes me very sad.

(Mods, sorry, I had to say it. There is so much value to the supportive nature of this board that reading this really troubles me. You can delete this post if you feel it's inappropriate.)

[Kathryn41 3,205]

I'll just add one more comment here - and no cjblack, I have no problems at all with your post - it illustrates the problem very clearly. Thank you for posting it.

For those who feel that 'free speech' means you are allowed to say anything you want regardless of the consequences, I remind you that your participation on Visa Journey is governed by the Terms of Service so your 'free speech' has limitations here. By taking out a membership here you fully agreed to abide by the TOS in exchange for your participation. Regardless, my warning earlier was not for the contents of the information, it was for the manner in which the information was given. The 'mission statement' of VJ, is to offer support for those undergoing immigration processes. Support comes in many ways - as information, as advice, as links, as direction and if appropriate, as sympathetic understanding. The post in question did not violate TOS but neither did it support the 'spirit' of Visa Journey, thus my comments.

Once again, if anyone has a problem with a moderator's actions - whether a posted warning in a thread or something more serious - you are always free - and encouraged - to refer the issue to Administration rather than disrupt the tone of the thread, especially in the Immigration related topics.

If anyone has any more useful and helpful advice for the OP, then please feel free to post; if you do not wish to be helpful and supportive then I ask you to keep your comments to yourself.

[rebeccajo 14]

I can still clearly remember the first few times I sat at my PC and tried to suss out immigration.

I'm a pretty intelligent person. But i was overwhelmed.

That was five years ago. Having the worst of it behind me, I now think one reason some of this is so hard to grasp is because it's very very personal.

Some of us speak very directly to members because we think the answers are simple. Some of us can compartmentalize information better than others - those people find it easy to separate the ABC fact from the "OMG this is my spouse/fiance" aspect. Some of us are chatty - some of us are not.

It's easy to forget what it was like when we were first learning.

[Cluster F 0]

i'll add my two cents too to go with kathryn's post. generally speaking good internet etiquette would have you consider to behave in a forum the same way that you would in a real life group. it's hard to imagine whatever that gail lady's attitude problem was to have come out the same way had we all been face to face. the news i received from the interview was really difficult and to have some jackass berate me on top for being unprepared, even if true, is unnecessarily insensitive and helps no one in any way. i can handle myself but i can't see how many others here would have had their spirits crushed if it happened to them - whatever way you feel about freedowm of speech, in the end, how does it help further the goals of this particular board?

[pushbrk 12,908]

From I-864 instructions (emphasis added):

This isn't a game of good comebacks. All you needed to do was ask the question here in the forums and you would have gotten a clear answer. If you claim them on your taxes, they count. If you put their names down as partially dependant, they count. If you don't claim them on your taxes, we would have told you not to mention them at all. All you had to do is ask. You had a way. You didn't use it. You didn't prepare. When you file for adjustment of status and removal of conditions, learn from this lesson. Read the forums, ask the questions or hire somebody who already knows what to do to help you.

Aside, let this be an example to all those who tell people they can definitely do it themselves. The ability is one thing. Actually learning the process and DOING it is another.

i feel like i'm beating a dead horse here but this is bad advice. it is a given that with the 864 you have to file a copy of your taxes, correct? if your kids are listed as dependents even if you don't claim them as exemptions you must also list them on the 864 even if, again, you may not in fact pay one penny for their financial support. you cannot simply not list them under the 864 because your 1040 will show them and raise a flag in the best of scenarios and likely simply get you denied on suspicion of fraud.

i hope this issue is closed. we're both in agreement that if you're in the least bit concerned that you may not meet poverty threshold figures just find a way to get a co-sponsor because they'll probably screw you whether or not you technically are within specs on your own. end of story.

Check out your tax return. On a properly filed tax return, your children are not shown at all UNLESS you are claiming an exemption for them. They might be shown on a past tax return jointly filed with your former spouse but they won't show on the 2009 tax return you include with your I-864.

So, no it's not bad advice. It's good advice. What you need are actual facts. You can get them by looking at your own tax return.

Edited November 15, 2009 by pushbrk

[rogerj 0]

Sorry you were not immediately successful. But you state you know what to do and where to get the document, so "get-R-done"!