The Worst Happens - Denied in Montreal!!

[BC_Ed 0]

So, I fly 3000 miles to the interview and get run around.

The woman who interviewed was basically extremely difficult. Even though we consulted NVC three times about this we were turned down because they would not consider our JOINT assets in Canada and refused to accept that although we still own a home in the US (where my wife has been for the last month) that she was domiciled there. I asked how she expected me to prove that and she had no answer.

We have SEVERAL times the necessary assets but she wouldn't listen to a single damned argument. Why is there an I-864a to take into account the immigrants assets if they won't be considered? NO WAY!! Get a joint sponsor. So off we go. I am to say the least devastated. I am trying to be cool about it but frankly it just sucks. I could have had a joint sponsor but they assured me there was no issue. On more than one occasion the NVC repeated to us that "people in your circumstance won't have the assets in the US - we understand that". Well guess what - someone doesn't. When I called NVC they were apologetic but simply stated that they give their advise based on the general guidelines but any consular officer has the right to set a higher standard if they wish.

So now we are trying to get an I-864 together this week. The consulate assures me that once they get it they will be no more than a week in processing.

I am so dismayed it is not even funny but all I can do is jump the hoop.

I wish I could join in the party but I post this so others can beware.

[Meliss 0]

Denied for financial reason right? So you did'nt have the proper amt needed? Do you have to start over or just obtain the correct info? Sorry this happened to you, I feel badly.

[iceyspots 0]

If you get an I-864 this week and no more than a week in processing, how do you figure that is a denial? It just seems like a temp refusal while you give them the needed forms.

[BC_Ed 0]

Technically you are correct icey but the letter they hand you says denied. Then it goes on to say that your application will remain in suspension for up to one year or until you provide the necessary info.

Melissa - we had way more than enough money. It is just that the money was not in a US bank but is easily transferable. No I don't have to start over I just have another (unnecessary in this case) hoop to jump.

[TracyLuis 0]

I'm concerned now....what kind of assets are necessary for an approval? I thought the sponsor's salary was the asset...not what the amount is in the bank. Am I missing something?

If I make a salary that more than exceeds the 125% poverty mark for sponsoring one person, isn't that all they care about? Or are they checking how much funds you actually have in your bank account?

[BC_Ed 0]

In my case the sponsor (my wife - the US Citizen) has been living with me in Canada for 3 years and has no income so we were dependent on assets only.

[TracyLuis 0]

Thank you for the clarification. I sincerely hope you find a quick resolution to your problem and get home to your wife very soon!!

[cmartyn 0]

Ouch.

I was worried about this at the time too but the frigging process took so long that I was in the US seven months before the interview. This allowed me to establish domicile.

Good luck BCEd.

[diadromous mermaid 36]

So, I fly 3000 miles to the interview and get run around.

The woman who interviewed was basically extremely difficult. Even though we consulted NVC three times about this we were turned down because they would not consider our JOINT assets in Canada and refused to accept that although we still own a home in the US (where my wife has been for the last month) that she was domiciled there. I asked how she expected me to prove that and she had no answer.

We have SEVERAL times the necessary assets but she wouldn't listen to a single damned argument. Why is there an I-864a to take into account the immigrants assets if they won't be considered? NO WAY!! Get a joint sponsor. So off we go. I am to say the least devastated. I am trying to be cool about it but frankly it just sucks. I could have had a joint sponsor but they assured me there was no issue. On more than one occasion the NVC repeated to us that "people in your circumstance won't have the assets in the US - we understand that". Well guess what - someone doesn't. When I called NVC they were apologetic but simply stated that they give their advise based on the general guidelines but any consular officer has the right to set a higher standard if they wish.

So now we are trying to get an I-864 together this week. The consulate assures me that once they get it they will be no more than a week in processing.

I am so dismayed it is not even funny but all I can do is jump the hoop.

I wish I could join in the party but I post this so others can beware.

I know the employment climate is not good at the moment, and your wife has only been back in the USA for a month, but does she have a job or an offer for a job? Sustaining employment is one element of meeting the sufficiency test.

[BC_Ed 0]

Sure Mermaid - she is a nurse and could be working tomorrow but I think I am safer with the joint sponsor.

I told the officer at the interview I could go out and transfer enough money to the US very quickly. She DID NOT think that was a good idea at all.

It's kinda taken the wind out of my sails and robbed a little joy - but I am shaking it off and if all goes well, we will be through this mess in no time. The kicker is that I have a great job prospect firming up for September.

[meauxna 15]

I'm truly puzzled, Ed. The law clearly allows for the use of assets and income is NOT a requirement.

If the assets are not disolvable, that's another thing (pension funds etc)

The only argument that would fly is that your wife is not domiciled (which she is). Have you thought about doing a bit of (I mean more, not that you haven't) research and making a call back to discuss this with them? Maybe it's time to speak to the supervisor?

[BC_Ed 0]

I did call back frankly and I am a little reluctant to get into too much detail here - who knows who reads this forum. When I called back I got a guy who basically without saying it outright was in disbelief that I had not been approved. He left me on hold and actually talked to the officer and came back and in an indirect way told me to just jump the hoop and it will be over within a week of them getting the joint sponsor application.

I am not sure boat-rocking will really help me.

[meauxna 15]

I did call back frankly and I am a little reluctant to get into too much detail here - who knows who reads this forum. When I called back I got a guy who basically without saying it outright was in disbelief that I had not been approved. He left me on hold and actually talked to the officer and came back and in an indirect way told me to just jump the hoop and it will be over within a week of them getting the joint sponsor application.

I am not sure boat-rocking will really help me.

Gotcha.

Sucks to be in that position, but I understand. Hope it's not too much hassle for you to get the new doc and person together.

mo

[together2love 0]

You are almost there, good luck on the rest of the journey.

[iceyspots 0]

Technically you are correct icey but the letter they hand you says denied. Then it goes on to say that your application will remain in suspension for up to one year or until you provide the necessary info.

Melissa - we had way more than enough money. It is just that the money was not in a US bank but is easily transferable. No I don't have to start over I just have another (unnecessary in this case) hoop to jump.

Sorry -- I didnt think that you actually got a slip that says DENIED on it!

Wow how discouraging!!