What if I am not employed but have ssdi income?

[sandraahmed 0]

I didn't get a sponsor bcos i have money. If the co thought that Ahmed would be a public charge, she should have checked that box, 212(a)(4) which prohibits the issuance of a visa to anyone likely to become a publich charge, on the denial. That way, i would have known the reason. She checked the other box: Your case is being returned......... I don't know what that means, is it a 221(g) or a 212 ??????? I don't know bcos it doesn't say. That leaves me wondering and wondering why why.

Sorry, i mean i qualify. I read all the financial requirements and i really don't think i need a sponser.

[Anh map 2,098]

Are you asking questions about the affidavit of support as your post title indicates? Or is it about another reason stated in the denial?

Yes, the CO's review the file prior to the interview so that they are prepared. Any questions they have are addressed during the interview. If the CO needs more information they will ask for more info. What exactly did the CO give to your fiance? What does the "other box" say? Have it scanned and post here for others to give better feedback.

[Gary and Alla 3,694]

The problem is I don't know why the visa was denied. All I am saying is disability should not be a reason. I would like to find out the reason, we should be told. Bcos i am guessing could it be this or that reason?????? I don't know

I am a bit confuiesed. Your petition was approved or you would never have had an interview.

Are you saying your visa was denied? You did not say that before. Here is the problem and it goes back to "deserving" something or thinking you deserve something.

There are actually no hard and fast rules for the I-134 and qualification is strictly a judegment call. If you have non-taxable income you need to make this very clear both on the I-134 and with attach documentation. That said, a consulate CAN make their own decisions about that income or assets they want to include. In any borderline cases, which yours certianly is, I would always recommend a co-sponsor. Again, you are not applying for a visa, your fiance is and he is not entitled or "deserving" of anything in the eyes of the government, YOU need to overwhelmingly show you are qualified to sponsor him.

If the REAL reason for denial is/was lack of income based on their interpretation of your income, then your best route is to get married in Morroco and file for a CR-1 where your financial ability will be judeged on an I-864 by the NVC and the very difficult consulate in Casa Blanca will have nothing to say about it.

[Gary and Alla 3,694]

Sorry, i mean i qualify. I read all the financial requirements and i really don't think i need a sponser.

what YOU think doesn't matter. what the consulate thinks is what matters. You neer go to an interview with "just enough" especially not at a difficult consulate, Casa Blanca is one of the world's most difficult.

It is far better to be caught slightly "overgunned" than to be trampled to bits by an elephant

[Gary and Alla 3,694]

Ok I think I understand the confusion now. Earned income and income from benefits are two very different things. Although it states no where on I-134, but usually it is up to the Immigration Officer (IO) to approve or deny a petition based on income from benefits. To my knowledge, the majority of the IO's get very quirky if you are using benefit income as a means to provide a financial guarantee and dare I say it which no one probably will not even the IO, but if you are receiving ssdi you are already a public charge, and thats why the IO's see you at a greater risk then someone who is actually earning their income.

Please do not take the above offensively, I do not mean to be disrespectful or derogatory

I take it as wrong, not offensive. SSDI is NOT being a public charge. It is NOT welfare which you may be confusing with SSI which IS welfare.

SSDI is, basically, early retirement due to a disability and is an early payment of Social Security. The OP is RETIRED, not on welfare.

You ARE correct that these rules I am quoting do not apply to the consulates and consulates can make their own rules regarding income requirements. The income requirements appl to the I-864, NOT the I-134. It is normal, but not by any means required, for consulates to follow the I-864 guidelines. At any rate, it appears the OP is assuming that...

1. The visa WAS denied and

2. The income was the reason

I am going to say I do not know if the visa was denied and that I do not think income will be the cited reason. They did not look at your evidence of income because they had already decided the case (they always do, decisions are made BEFORE the interview) Since the denial reason was not income related, they had no need to look at any further income information. My guess is the denial will not mention income.

[sandraahmed 0]

I am a bit confuiesed. Your petition was approved or you would never have had an interview.

Are you saying your visa was denied? You did not say that before. Here is the problem and it goes back to "deserving" something or thinking you deserve something.

There are actually no hard and fast rules for the I-134 and qualification is strictly a judegment call. If you have non-taxable income you need to make this very clear both on the I-134 and with attach documentation. That said, a consulate CAN make their own decisions about that income or assets they want to include. In any borderline cases, which yours certianly is, I would always recommend a co-sponsor. Again, you are not applying for a visa, your fiance is and he is not entitled or "deserving" of anything in the eyes of the government, YOU need to overwhelmingly show you are qualified to sponsor him.

If the REAL reason for denial is/was lack of income based on their interpretation of your income, then your best route is to get married in Morroco and file for a CR-1 where your financial ability will be judeged on an I-864 by the NVC and the very difficult consulate in Casa Blanca will have nothing to say about it.

Yes the petition was approved, I received the I-797 Notice of Action. Notice type: Approval Notice valid from 12/06/2008 to 04/06/2009. Ahmed had his interview jan 27, 2009. He received form: OPTION FORM 194, which says, "This office regrets to inform you that it is unable to issue a visa to you because you have been found ineligible to receive a visa under the foolowing section(s).....etc, then the box is checked, Other: your case is being returned to USCIS for further adjudication.....

To me, this mean the visa was denied. Where i get confused is, does this mean the petition was denied? And, also, the approval notice has expired, obviously.

As far as deserving, I am refering to people with disabilities. Ppl with disabilities deserve to have a fiance/spouse just like everyone else.

Ahmed had the I-134 with attached documentations.

I can travel to Morocco, marry and file a CR1, but I do not want conflict between a K1 visa still pending and a CR1 visa. I do not want him permantly banned from the US.

[dimanuni 1]

When my Ahmed had his interview April 2009, the Casa consulate wasn't asking to see income information. I had emailed them prior to the interview and they said none was required. So I think recently it isn't being required. Did you try emailing them and asking them to explain? They were very helpful over email, I thought.

I think it's possible the reason for denial was something else. From my understanding, the CO's job is to try and determine if there's a bona fide relationship and/or it there's any fraud. It's possible that your fiance mistakenly said some things which made the CO suspect he was being fraudulent, or that the relationship isn't valid. There's nothing we can do about that, being here in the US, unfortunately, as we can't be there at the interview.

All that being said, did your petition get returned to USCIS? Maybe you should try and contact them.

Good luck!

[sandraahmed 0]

When my Ahmed had his interview April 2009, the Casa consulate wasn't asking to see income information. I had emailed them prior to the interview and they said none was required. So I think recently it isn't being required. Did you try emailing them and asking them to explain? They were very helpful over email, I thought.

I think it's possible the reason for denial was something else. From my understanding, the CO's job is to try and determine if there's a bona fide relationship and/or it there's any fraud. It's possible that your fiance mistakenly said some things which made the CO suspect he was being fraudulent, or that the relationship isn't valid. There's nothing we can do about that, being here in the US, unfortunately, as we can't be there at the interview.

All that being said, did your petition get returned to USCIS? Maybe you should try and contact them.

Good luck!

I contacted the consulate and USCIS, after the interview (Jan 27, 2009). Yes, my petition was returned to USCIS and they recieved it 3-31-09. The last contact i had with USCIS was 9-29-09, an email that said processing of your case has been delayed; your case is not yet ready for decision, security checks remain pending; contact us in six months.

[sandraahmed 0]

I contacted the consulate and USCIS, after the interview (Jan 27, 2009). Yes, my petition was returned to USCIS and they recieved it 3-31-09. The last contact i had with USCIS was 9-29-09, an email that said processing of your case has been delayed; your case is not yet ready for decision, security checks remain pending; contact us in six months.

I need to add that I don't think he said anything to suggest fraud. By the time of his interview, we had known each other for two years.