Are we likely to get rejected? Updated...

[DTunda 0]

I had my K1 interview on Wednesday (June 9) and unfortunately the woman who interviewed me was not particularly pleasant. She started filling out the dreaded pink slip even before she said a word to me. She was quite sarcastic and even a bit rude when she was questioning me. Actually she wasn't nice to anyone. A man she interviewed before me was also given a pink slip. Not sure if it was a rejection or a request for more documentation as was with my case.

My fiance and I are very busy people, so to save time and to ensure that the right papers are filed we hired an immigration lawyer. I'm not sure what to make of this guy. Not only did he fill out the incorrect Affidavit of Support (he sent in the I-864 when he should have used the I-134), but he also did not say a word about my fiance's income for 2009 not being sufficient. My fiance has been on disability since December of 2008 because of a car accident. As a result of this accident he didn't work full time in 2009 because he suffered a back injury which made it difficult for him to work at full capacity. He has a job which requires him to lift stuff and sit in the same position all day so obviously that's not good with his injury. Anyway, this had an impact on his income apparently because the consular woman said his salary wasn't enough.

On the pink slip she wrote that she wanted the I-134, and that we should acquire a joint sponsor who should fill out the I-864, support their 2009 tax return as well as a copy of ID which proves their citizenship. She gave me back my birth certificate and asked me if I needed my passport back. I said yes because at the time it was my only source of identification.

She told me once I have all the papers she requested I could drop them off along with my passport to the embassy. She said I didn't need to make a new appointment and proceeded to ask me if I had any questions for her.

In my disappointment in not having been approved right away and being consumed with fury because we'd paid so much money for a lawyer who by all indication has not done his job, I only asked her if I will need to pay another fee of US350. I completely forgot to ask her exactly what is the status of my case now. She did say it will be on hold until I submit the documents she asked for. But I don't know if our petition was approved pending the delivery of these documents or if it is still under consideration.

I'm not sure how to interpret her behaviour and how she conducted the interview. She had a lot of negative energy flowing off of her. She was indeed a condescending and sarcastic. She was rolling her eyes, releasing deep sighs of impatience etc. While she was interviewing the guy before me and I saw how she was behaving I prayed that I wouldn't get her, but as fate would have it I got her and she made me feel nervous and uncomfortable even though I came prepared and am happy with my relationship with my fiance.

Now I don't know what to think. I've been on egg shells since Wednesday. I can't help but have this sinking feeling that we're going to get rejected.

My fiance has sent me the I-134, but most of our family and friends who we've considered asking to be joint sponsor have not yet filed their tax return for 2009 so we're having difficulty finding someone who actually has the crucial piece of evidence ready. Since she specifically requested this I can't go back to the embassy without it.

I'm a little scared because I don't know where I stand. I guess I'm writing here because I need to vent and get the advice and opinions of other seasoned VJers.

Thx, D

[My4rmylife 0]

We needed a co sponsor but we didnt need it until the aos... and i864 is for AOS so it sounds to me like she i saying have that prepared for aos ..

[DTunda 0]

I had my K1 interview on Wednesday (June 9) and unfortunately the woman who interviewed me was not particularly pleasant. She started filling out the dreaded pink slip even before she said a word to me. She was quite sarcastic and even a bit rude when she questioned me. Actually she wasn't nice to anyone. A man she interviewed before me was also given a pink slip. Not sure if it was a rejection or a request for more documentation as was with my case.

My fiance and I are very busy people, so to save time and to ensure that the right papers are filed we hired an immigration lawyer. I'm not sure what to make of this guy. Not only did he fill out the incorrect Affidavit of Support (he sent in the I-864 when he should have used the I-134), but he also did not say a word about my fiance's income for 2009 not being sufficient. My fiance has been on disability since December of 2008 because of a car accident. As a result of this accident he didn't work full time in 2009 because he suffered a back injury which made it difficult for him to work at full capacity. He has a job that requires him to lift stuff and sit in the same position all day so obviously that's not good with his injury. Anyway, this had an impact on his income apparently because the consular woman said his salary wasn't enough.

On the pink slip she wrote that she wanted the I-134, and that we should acquire a joint sponsor who should fill out the I-864, supply their 2009 tax return as well as a copy of ID which proves their citizenship. She gave me back my birth certificate and asked me if I needed my passport back. I said yes because at the time it was my only source of identification, but if I had not asked she appeared as if she wanted to keep the passport.

She told me once I have all the papers she requested I could drop them off at the embassy. She said I didn't need to make a new appointment and proceeded to ask me if I had any questions for her.

In my disappointment in not having been approved right away and being consumed with fury because we'd paid so much money for a lawyer who by all indications has not done his job, I only asked her if I will need to pay another fee of US350. I completely forgot to ask her exactly what is the status of my case now. She did say it will be on hold until I submit the documents she asked for, but I don't know if our petition was approved pending the delivery of these documents or if it is still under consideration.

I'm not sure how to interpret her behaviour and how she conducted the interview. She had a lot of negative energy flowing off of her. She was indeed a bit condescending and sarcastic. She was rolling her eyes, releasing deep sighs of impatience etc. While she was interviewing the guy before me and I saw how she was behaving I prayed that I wouldn't get her, but as fate would have it I got her and she made me feel nervous and uncomfortable even though I came prepared and am happy with my relationship with my fiance.

Now I don't know what to think. I've been on egg shells since Wednesday. I can't help but have this sinking feeling that we're going to get rejected.

My fiance has sent me the I-134, but most of our family and friends who we've considered asking to be joint sponsor have not yet filed their tax return for 2009 so we're having difficulty finding someone who actually has this crucial piece of evidence ready. Since she specifically requested this I can't go back to the embassy without it.

I'm a little scared because I don't know where I stand. I guess I'm writing here because I need to vent and get the advice and opinions of other seasoned VJers. By the way, I'm a Jamaican citizen, but filing from Norway.

Thx, D

P.S. I have an American friend here in Norway who splits his time between Norway and the United States due to his work. He has volunteered to act as joint sponsor. However there are two issues:

Even though he is a American citizen and files his tax return in the US every year, will it matter that he doesn't actually live in the US, but in Norway?

Secondly, he hasn't had his US 2009 tax return prepared yet, but he's already submitted his 09 tax return for Norway. He has recommended submitting his 08 US tax return and is 09 Norwegian tax return with the other documents the joint sponsor must submit to the embassy, do you think this will be a problem?

[FrancElsie 6]

I had my K1 interview on Wednesday (June 9) and unfortunately the woman who interviewed me was not particularly pleasant. She started filling out the dreaded pink slip even before she said a word to me. She was quite sarcastic and even a bit rude when she was questioning me. Actually she wasn't nice to anyone. A man she interviewed before me was also given a pink slip. Not sure if it was a rejection or a request for more documentation as was with my case.

My fiance and I are very busy people, so to save time and to ensure that the right papers are filed we hired an immigration lawyer. I'm not sure what to make of this guy. Not only did he fill out the incorrect Affidavit of Support (he sent in the I-864 when he should have used the I-134), but he also did not say a word about my fiance's income for 2009 not being sufficient. My fiance has been on disability since December of 2008 because of a car accident. As a result of this accident he didn't work full time in 2009 because he suffered a back injury which made it difficult for him to work at full capacity. He has a job which requires him to lift stuff and sit in the same position all day so obviously that's not good with his injury. Anyway, this had an impact on his income apparently because the consular woman said his salary wasn't enough.

On the pink slip she wrote that she wanted the I-134, and that we should acquire a joint sponsor who should fill out the I-864, support their 2009 tax return as well as a copy of ID which proves their citizenship. She gave me back my birth certificate and asked me if I needed my passport back. I said yes because at the time it was my only source of identification.

She told me once I have all the papers she requested I could drop them off along with my passport to the embassy. She said I didn't need to make a new appointment and proceeded to ask me if I had any questions for her.

In my disappointment in not having been approved right away and being consumed with fury because we'd paid so much money for a lawyer who by all indication has not done his job, I only asked her if I will need to pay another fee of US350. I completely forgot to ask her exactly what is the status of my case now. She did say it will be on hold until I submit the documents she asked for. But I don't know if our petition was approved pending the delivery of these documents or if it is still under consideration.

I'm not sure how to interpret her behaviour and how she conducted the interview. She had a lot of negative energy flowing off of her. She was indeed a condescending and sarcastic. She was rolling her eyes, releasing deep sighs of impatience etc. While she was interviewing the guy before me and I saw how she was behaving I prayed that I wouldn't get her, but as fate would have it I got her and she made me feel nervous and uncomfortable even though I came prepared and am happy with my relationship with my fiance.

Now I don't know what to think. I've been on egg shells since Wednesday. I can't help but have this sinking feeling that we're going to get rejected.

My fiance has sent me the I-134, but most of our family and friends who we've considered asking to be joint sponsor have not yet filed their tax return for 2009 so we're having difficulty finding someone who actually has the crucial piece of evidence ready. Since she specifically requested this I can't go back to the embassy without it.

I'm a little scared because I don't know where I stand. I guess I'm writing here because I need to vent and get the advice and opinions of other seasoned VJers.

Thx, D

Hello D: It sounds like the "not particularly pleasant" woman has approved your visa based on the condition that you provide the correct paperwork and sponsor's affidavit of support. Since she said to drop off the required papers at the Embassy and that you did not need an appointment...sounds like they're going to match up these papers to your file and put the visa in your Passport. Final filing date for income tax was April 15th...most of your family and friends have not filed yet?????? This is a little unusual...don't you think? Final point...hiring a lawyer to do you paperwork is fine if you have lots of money and lots of time...most of us on VJ do the paperwork ourselves and we are COMPLETELY SURE that is the correct stuff PRIOR TO THE INTERVIEW. If he filled out the wrong papers...wouldn't it have been your responsibility to check them over PRIOR to your interview to be sure they were correct? Just because he claims to be an "immigration lawyer" does not mean he/she will do things correctly. Many people report that using a lawyer causes time delays plus the costs for his lawyer fees. Anyway...good luck.

Franc

[trailmix 77]

Can't be done, the sponsor must be domiciled in the U.S.

That's too bad - that you weren't treated with more kindness at the consulate, I don't understand why they can't at least be pleasant.

Edited June 11, 2010 by trailmix

[Penguin_ie 5,993]

Is the friend's official residence in the USA? The co-sponsor must be US based.

Norwegian taxes are of no interest to the embassy, he'll need to file US taxes asap.

[JimVaPhuong 4,863]

From the additional documents they asked you to submit, it sounds like the only holdup in your case is the "public charge" requirement. Since this is one of the more straightforward requirements, it sounds like your visa is likely to be approved after you submit the requested documents. She probably wouldn't have asked if you wanted to leave your passport unless she intended to approve the visa. If she had any doubts about your relationship, or any other aspect of your case, she probably would have asked for additional evidence.

Unfortunately, not everyone is cut out for a job in public service where they have to interact with people all day. Some people just don't have the personality for it. Unfortunately, it seems a lot of the Americans with abrasive personalities find their way into government service jobs. Perhaps it's because they can't last long in a private sector job with an attitude like that.

It's unusual that they asked for an I-864 for your co-sponsor. This is only the second time I've ever heard of an I-864 being requested in a K1 case.

Others have already answered your question about your US friend living in Norway. Domicile in the US is required. The affidavit is difficult to enforce on a US citizen living abroad, and it's not worth much to the US government if it can't be enforced. I'm surprised your fiance can't find anyone who has already filed their 2009 tax return. A lot of people do file for extensions, but most people get refunds from the US government, so there's a strong motive to file early and get the cash.

[Otto 83]

** Duplicate Topics Merged - OP has added to their post in Post #3 (sorry if the thread looks out of sync).

[Rebecca Jo 1,962]

From the additional documents they asked you to submit, it sounds like the only holdup in your case is the "public charge" requirement. Since this is one of the more straightforward requirements, it sounds like your visa is likely to be approved after you submit the requested documents. She probably wouldn't have asked if you wanted to leave your passport unless she intended to approve the visa. If she had any doubts about your relationship, or any other aspect of your case, she probably would have asked for additional evidence.

Unfortunately, not everyone is cut out for a job in public service where they have to interact with people all day. Some people just don't have the personality for it. Unfortunately, it seems a lot of the Americans with abrasive personalities find their way into government service jobs. Perhaps it's because they can't last long in a private sector job with an attitude like that.

It's unusual that they asked for an I-864 for your co-sponsor. This is only the second time I've ever heard of an I-864 being requested in a K1 case.

Others have already answered your question about your US friend living in Norway. Domicile in the US is required. The affidavit is difficult to enforce on a US citizen living abroad, and it's not worth much to the US government if it can't be enforced. I'm surprised your fiance can't find anyone who has already filed their 2009 tax return. A lot of people do file for extensions, but most people get refunds from the US government, so there's a strong motive to file early and get the cash.

It's the first time I've ever heard of it.

[JimVaPhuong 4,863]

It's the first time I've ever heard of it.

There was a member whose fiancee was interviewing in New Delhi, India, who was asked to submit an I-864. He wasn't using a co-sponsor. I don't remember exactly when this was, but it was in the second half of 2009. I was reminded of this yesterday when someone else asked about whether they should submit an I-864 to the consulate in a K1 case. Interesting synchronicity.

[DTunda 0]

Hello D: It sounds like the "not particularly pleasant" woman has approved your visa based on the condition that you provide the correct paperwork and sponsor's affidavit of support. Since she said to drop off the required papers at the Embassy and that you did not need an appointment...sounds like they're going to match up these papers to your file and put the visa in your Passport. Final filing date for income tax was April 15th...most of your family and friends have not filed yet?????? This is a little unusual...don't you think? Final point...hiring a lawyer to do you paperwork is fine if you have lots of money and lots of time...most of us on VJ do the paperwork ourselves and we are COMPLETELY SURE that is the correct stuff PRIOR TO THE INTERVIEW. If he filled out the wrong papers...wouldn't it have been your responsibility to check them over PRIOR to your interview to be sure they were correct? Just because he claims to be an "immigration lawyer" does not mean he/she will do things correctly. Many people report that using a lawyer causes time delays plus the costs for his lawyer fees. Anyway...good luck.

Franc

Hi Franc, thanx for your response.

According to those I've spoken to the absolute final deadline for tax return submission is in August so most people seem to be taking their time. I don't know how accurate this information is -- as I said this is what they've told me. Since I don't live in the US I have no clue about the tax system there.

As for the papers the lawyer filed ... I do get what you're saying and of course I'll take some responsibility for what has happened. However, the main reason we got a lawyer is because we don't know what papers to file. Sure, we could've come on to VJ and find out, but honestly neither of us had the time. Besides the fact that my fiance can't be trusted to file the papers correctly because he's not one to pay attention to detail, the time issue on both our sides was the reason we decided to get a lawyer. This lawyer came highly recommended from a friend of ours who had previously used his services so we felt secure that this man would do his best for us. That was perhaps very naive on our part because I know lawyers can't be trusted. They must be micro managed by their clients, though I find this an entirely unfair concept when you consider the amount of money we've paid him so far (about USD 3000 -- and obviously we're far from rich). We were at the very least expecting him to file the correct papers!

[DTunda 0]

Hey thx to everyone for their replies.

My American friend here in Norway works for Halliburton, the big oil company. He does have a base in the US, but he also has one here in Norway and pretty much splits his time evenly between the two countries.

Also he recommended submitting the 09 Norwegian tax return because the income stated on there would be the same income stated on his US 09 tax return (which could then be sent to the embassy once it has been prepared ... but the fact that his half year residency in Norway may disqualify him sort of put a damper on that idea ... sigh.)

It seems a number of our close relations have been quite lackadaisical(sp?) in filing their taxes. Some said that they've filed, but need to make adjustments because they either don't agree with what they have to pay back or what will be paid to them (By the way, in this case do you think I can still use these tax returns even while they're under appeal?). Its one thing or the other or maybe they're just lying to us that they haven't filed, but I don't think that is the case.

Regarding the lady who interviewed me ... yes I definitely agree that its an issue of misplaced personality. She did not appear as if she wanted to be there. She seemed tired (of dealing with us stupid visa seeking people) and all around fed up. I think its understable to be a bit annoyed when for each case the wrong paper work and what not has been submitted, but rolling your eyes at people and being sarcastic and condescending is a bit unprofessional in my humble opinion. And she wasn't just this way with me, but with everyone. Before it was my turn she interviewed several people for tourist visas and then there was me and a gentleman waiting to be interviewed for a fiance visa. He went first and she was really tough on him. After her interrogation of him, she gave him the pink slip and I heard him say he's gonna have to drive an hour home and a hour to come back. She shrugged and then the man left. All throughout his interview I was like please God don't let this lady be the one to interview me. Please let me be interviewed by the much more pleasant gentleman to her left ... haha no such luck.

Based on the reviews on here the Oslo embassy does have a reputation of having pleasant staff and I must say I've dealt with them before when I've applied for tourist visas and those who interviewed me were all very polite. Not exactly friendly (which I don't think they're supposed to be anyway), but polite and professional. They didn't make you look and feel like an idiot. I think I just had bad luck that day or perhaps I'm too much of a sensitive soul. Maybe that's my problem.

Thx once again to everyone. I do hope you're all right that once I submit the requested documents we'll be approved. Fingers crossed.

[TracyTN 237]

Moving thread from K1 process forum to consular forum.

[claudia2212 0]

Hey thx to everyone for their replies.

My American friend here in Norway works for Halliburton, the big oil company. He does have a base in the US, but he also has one here in Norway and pretty much splits his time evenly between the two countries.

Also he recommended submitting the 09 Norwegian tax return because the income stated on there would be the same income stated on his US 09 tax return (which could then be sent to the embassy once it has been prepared ... but the fact that his half year residency in Norway may disqualify him sort of put a damper on that idea ... sigh.)

It seems a number of our close relations have been quite lackadaisical(sp?) in filing their taxes. Some said that they've filed, but need to make adjustments because they either don't agree with what they have to pay back or what will be paid to them (By the way, in this case do you think I can still use these tax returns even while they're under appeal?). Its one thing or the other or maybe they're just lying to us that they haven't filed, but I don't think that is the case.

Regarding the lady who interviewed me ... yes I definitely agree that its an issue of misplaced personality. She did not appear as if she wanted to be there. She seemed tired (of dealing with us stupid visa seeking people) and all around fed up. I think its understable to be a bit annoyed when for each case the wrong paper work and what not has been submitted, but rolling your eyes at people and being sarcastic and condescending is a bit unprofessional in my humble opinion. And she wasn't just this way with me, but with everyone. Before it was my turn she interviewed several people for tourist visas and then there was me and a gentleman waiting to be interviewed for a fiance visa. He went first and she was really tough on him. After her interrogation of him, she gave him the pink slip and I heard him say he's gonna have to drive an hour home and a hour to come back. She shrugged and then the man left. All throughout his interview I was like please God don't let this lady be the one to interview me. Please let me be interviewed by the much more pleasant gentleman to her left ... haha no such luck.

Based on the reviews on here the Oslo embassy does have a reputation of having pleasant staff and I must say I've dealt with them before when I've applied for tourist visas and those who interviewed me were all very polite. Not exactly friendly (which I don't think they're supposed to be anyway), but polite and professional. They didn't make you look and feel like an idiot. I think I just had bad luck that day or perhaps I'm too much of a sensitive soul. Maybe that's my problem.

Thx once again to everyone. I do hope you're all right that once I submit the requested documents we'll be approved. Fingers crossed.

DTunda,

I will be praying for you and I am really sorry to read that this CO was not professional... I advise you to talk to your fiance and let him know that finding a co-sponsor is very important to be able to get approve! you still have a chance, it seems your fiance's relatives don't want to help because it is pretty ridiculous to say they have not file their taxes...And believe me I am in the same situation when it come to the lawyer dilemma, my lawyer did the same thing to me, but thank God I notice it because I am constantly checking the forms he gives me....my fiance is having his interview next week and I want everything to go right!!! Eventually, this lawyers only rip us off and that's wrong, thats why we pay them!!!

Edited June 11, 2010 by claudia2212

[sugarapple 1]

Dtunda.. The filing date in the US is April 15. August is the extended date for those who would have to pay back rather than getting a refund.

Your cosponsor would file on i134 not i1864.

It sounds like you are approved I would not bother with the lawyer again....find a cosponsor as soon as possible and turn in the paper work with your passport.

I know you are busy, but take a minute and look over your documents so that you can be sure they are right yourself.

Also make sure you make copies of the i134 for yoru records.