NVC filers for September 2010

[Mr&Mrs D. 4]

Mr. D.. I guess I will show my age, I dont even know what "infopass or smth" means. They told me before the final say is with the Embassy and thats for all of us. NVC just performs intial reviews and the EMBASSY give the Final approval. If they were interested in my pay history and they do back ground checks like they claim as part of our 10 months of BS then I would think a credit check would be in order. As Mine is at or near 800 that would tell them something. With regards to the IRS.. We have an understanding these days ... They dont call me and I dont call them... Were done unless I decide to go back to work.

hey, it was just a suggestion... Yes, I know the USE has the final say and I'm sure that since you have shown ur able to support urslef and ur wife - all will be well in the end!

ps: I wish you a fast CC and no RFE!

Edited September 13, 2010 by Mr&Mrs D.

[JinyAndJony 0]

Just got of the phone with the Best and Brightest. I called and spoke to a lady regarding my case and the fact that the recording stated that my Packed lacked information. I told her my account on the pay portal was SIF. She told SIF does not mean Case Closed, FYI. She also told me that the reason my case was flagged if you will is that I did not meet the Minimum Poverty level ($18,000)with regards to Income because I am not working. She said that current income is what the NVC uses and assets are not considered. The file is still going through final review and I should call back Friday to see if my case is complete. She told me my availability will be at the discretion of the Embassy who will determine if my assets are adequate. I said I though the standards were already established and that my assets of Cash alone exceeded the 5X poverty level. Also in 2 yrs I can collect SS benifits. She said no the Embassy has the final say. So now I will have to wait and see. I dont understand why they would give this 3 time and 5 time poverty level ####### if its not honored. In my view there should be no discretion. You either meet it or you dont. BS on someone making a choice the facts should be all that matters. If the embassy says no because I choose to be unemployed I will ring ever bell on the planet.

aww..dat sukzz!! shocking.. all those big big essays of asset calculation, cash stuffs are all for no good!??!

but hey, Tom.. you have not got whats exactly the evidence that they need still, ryt..?? Maybe some additional doc to prove such and such info? Could be someth simple as well..?

[JinyAndJony 0]

Teya,

Nobody said life is fair. We all learn that eventually. I am not going to worry about this cause I can't to anything about it really. I am also in discussions with a company who wants me to work for them for 5 months in Chicago. Don't know if it will happen. I will be asking for $100 hr. plus expenses so if it does then I will send it the Job contract or confirmation letter to the NVC.

There is nothing for my wife to know. I just have different accounts with $$ stocks and stuff in them. She has that information but does not have access to it. Besides I sent them the monthly statement on all of it so whats to know. Unless they need someone to read it to them.

I might also just fly back to PI and join here at her interview once I know the date if I dont take the job in Chicago. Wonder if all of this is a right off on your taxes as a non recurring cost of being a citizen wanting to live with your wife in your own country kind of thing... I see that innocent until proven guilty doesn't apply here nor does benefit of the doubt...

Mr. D.. I guess I will show my age, I dont even know what "infopass or smth" means. They told me before the final say is with the Embassy and thats for all of us. NVC just performs intial reviews and the EMBASSY give the Final approval. If they were interested in my pay history and they do back ground checks like they claim as part of our 10 months of BS then I would think a credit check would be in order. As Mine is at or near 800 that would tell them something. With regards to the IRS.. We have an understanding these days ... They dont call me and I dont call them... Were done unless I decide to go back to work.

To get out of this all quick.. how abt a joint sponsor if you could find one?

[March2010 2]

Just got of the phone with the Best and Brightest. I called and spoke to a lady regarding my case and the fact that the recording stated that my Packed lacked information. I told her my account on the pay portal was SIF. She told SIF does not mean Case Closed, FYI. She also told me that the reason my case was flagged if you will is that I did not meet the Minimum Poverty level ($18,000)with regards to Income because I am not working. She said that current income is what the NVC uses and assets are not considered. The file is still going through final review and I should call back Friday to see if my case is complete. She told me my availability will be at the discretion of the Embassy who will determine if my assets are adequate. I said I though the standards were already established and that my assets of Cash alone exceeded the 5X poverty level. Also in 2 yrs I can collect SS benifits. She said no the Embassy has the final say. So now I will have to wait and see. I dont understand why they would give this 3 time and 5 time poverty level ####### if its not honored. In my view there should be no discretion. You either meet it or you dont. BS on someone making a choice the facts should be all that matters. If the embassy says no because I choose to be unemployed I will ring ever bell on the planet.

TomD ..

I think the SIF from NVC means that they are satisfied with your evidence but they cannot be sure what the USE officer will think of it, so they deferred to him/her. From what I have learned, the officer at the USE is one who can make final decisions.

I can also see that you are very articulate. You also are able to intelligently decipher all these rules and apply them to your situation. What I would do if I were you is go to the interview. MAKE SURE YOU ARRANGE THAT YOU CAN GET IN AND GET THAT before hand via email. Print that email out so the security people won't trouble you about getting into the embassy and be at the interview.

I'd bring a printout of the rules that NVC stated about the assets values that can be used instead of an income.

I am certain that if you can make a reasonable and easy to follow argument - KEY HERE IS EASY TO FOLLOW - and state the facts supported by plenty of hard and relevant evidence, the officer at the USE will see your point.

On the other hand, you can avoid this whole mess and find a co-sponsor like JinyAndJony just suggested. Myself personally, I would choose the first option because it is the right thing to do and it is a citizen's right that the government honor the rules the THEY themselves put in place and it is in writing. Otherwise, chaos will rule.

Regardless of what you do and what the result is, you are put in a position you should not be in since you follow THEIR in WRITING rules. That really blows!

I HATE UNCERTAINTY!

Good luck man!

Edited September 13, 2010 by March2010

[TomD 4]

To get out of this all quick.. how abt a joint sponsor if you could find one?

I though about having one of those but both of my parents have passed away and I only have a son who could do it but I wouldn't ask him to do something like this because well Just because.

I think Mr D is right they just have trouble giving straight answers thats why we always hear 6-8 weeks... Once the embassy get my package they will have little choice but to approve my financial status because what could they say to justify rejecting me because I choose to not work.

I though about asking President OBAMA but he is in charge of a bankrupt country so the debt load would be to large to over come.

If they refuse her Visa I will be calling many people including News Media. With immigration being such a big topic these days a story about someone like my wife being denied a visa even though we went throught this rediculus process for god knows how many months and paying the fees at every turn but because I had no job but had liquid and real assets would show how fair this process is for US Citizens of this country.

Better yet If they refuse us then I could or should move her to Haiti. Then I bet she could get a VISA for free. Poverty level no problem, background check, never mind that, education not required! Yes that might be the way to go and we could get it done much, much faster.

[TomD 4]

TomD ..

I think the SIF from NVC means that they are satisfied with your evidence but they cannot be sure what the USE officer will think of it, so they deferred to him/her. From what I have learned, the officer at the USE is one who can make final decisions.

I can also see that you are very articulate. You also are able to intelligently decipher all these rules and apply them to your situation. What I would do if I were you is go to the interview. MAKE SURE YOU ARRANGE THAT YOU CAN GET IN AND GET THAT before hand via email. Print that email out so the security people won't trouble you about getting into the embassy and be at the interview.

I'd bring a printout of the rules that NVC stated about the assets values that can be used instead of an income.

I am certain that if you can make a reasonable and easy to follow argument - KEY HERE IS EASY TO FOLLOW - and state the facts supported by plenty of hard and relevant evidence, the officer at the USE will see your point.

On the other hand, you can avoid this whole mess and find a co-sponsor like JinyAndJony just suggested. Myself personally, I would choose the first option because it is the right thing to do and it is a citizen's right that the government honor the rules the THEY themselves put in place and it is in writing. Otherwise, chaos will rule.

Regardless of what you do and what the result is, you are put in a position you should not be in since you follow THEIR in WRITING rules. That really blows!

I HATE UNCERTAINTY!

Good luck man!

March 2010,

Thanks for the support. I like your first option a lot. I agree with you that the NVC is just staying in their lane so to speak. Yes I also was aware that the Embassy has the final word. I was just surprise that they didn't just leave it at that and instead post something about my package not being complete. It is complete. Well I will be calling Friday like the lady recommended and see if they approve it. Which they have to with reservation or comment but just keep it moving in the right direction. I noticed after she stated that my lack of employment was the issue she also quickly stated that I also see you have available assets. I think they are not reading from my package and probably have some sort of checklist that they work from that the reviewers develop. So things are more easily seen. If this is true then for that question it also stated available assets but I am just guessing here.

Well maybe I need to call the embassy and talk to someone there.

Thanks again for the advice. I like it.

[March2010 2]

Better yet If they refuse us then I could or should move her to Haiti. Then I bet she could get a VISA for free. Poverty level no problem, background check, never mind that, education not required! Yes that might be the way to go and we could get it done much, much faster.

Instead of moving to Haiti, you should sue the agency that denies your visa.I bet you would win. However, moving to Haiti is probably cheaper.

[hammer 0]

I just talked to NVC and they tell me that my case is complete. Does anyone know how long it takes to hear about the interview? The operator at NVC thought we just missed the October cutoff for interviews and that it would probably be sometime in November.

[Darnell 8,478]

TomD - some comments

1. rarely SIF actually means 'case complete' - to the best of my knowledge, is an indicator that 'document submittal' is complete.

2. 'case complete' USUALLY is tagged after 'final case review'

3. If you have assets from any 'retirement' account, then the 'cash value' is usually computed to include the 'loss percentage' of 'cashing out' - sometimes that's a 20 percent 'hit' plus there is an immediate 'income tax' amount to be computed, as well, and can be as high as 35 percent. Usually, this type of 'computation review' is beyond the ken of any 'first level reviewer' at NVC - but if the 'rules' from the retirement account are highlighted in an attachment, is possible a slow-brain clerk at NVC can actually read them, then apply them.

4. order of process (to the best of my knowledge, I may be wrong)

--SIF

--final case review

--case complete

--appointment date set (if an Embassy/Consulate that sets appointments @NVC)

--appointment letter emailed (if an Embassy/Consulate that allows NVC to set the appointments)

Now, when NVC was 'fast' - SIF was a good indicator that yer case was complete, as the final review was happening in 'near-real-time', but that's not the case these days - I don't know if it's because of the VOLUME or if the actual review process has changed, to allow for 'more careful scrutiny'

5. AOS review - ya, there's some 'first level pass' that's done at NVC, to see if you meet the guidelines. Taxable Income is evaluated first, then cash, then convertible assets. Many times those with 'non-taxable-income' get closer scrutiny, because an NVC 'reviewer' can't figure it out. In the end, it's ultimately up to the Visa Officer at the Embassy/Consulate IV unit, to make the final determination. Usually, an evaluation is done prior to interview day (as the casefile is already at the IV unit) but this is a 'deeper evaluation' than is done at NVC. Ultimately, if things change between NVC submittal and interview day - you CAN submit a new I-864 on interview day, from yer lass's hands to the Visa Officer's hands, and they WILL make the time to evaluate any new I-864. Many times ppl submit a new I-864 on interview day because of

--new tax year between NVC submittal and interview day

--substantial income changes between NVC submittal and interview day

--substantial cash influx between NVC submittal and interview day

--change of co/joint-sponser between NVC submittal and interview day

--total recomputation of assets or

--certified appraisers attestation is finally included.

6. Keep in mind that the ppl you speak to, over the phone at NVC, are never the ppl that are reviewing the stuff you send in for yer casefile. Never. If there is a 'tag' in the casefile that you didn't meet the AOS guidelines, you MIGHT get a 'checklist letter response' with an opportunity to submit a different/new I-864 package into NVC.

7. any arguments you might be doing at NVC are a waste of time, unless done with a supervisor. A Supervisor can request, on yer behalf (should you ask for it) another EYEBALL REVIEW prior to 'case complete' stage. If you feel the AOS review was improper, then you can ask (and get) another AOS review at NVC, in a conversation with a supervisor. Talking to 'first-level-staff' will be a waste of time.

8. On interview day, yer wife should have some intimate knowledge of the data you submitted on the I-864, in case she needs to 'point out' to the Visa Officer exactly 'how' to read what YOU submitted, and how to 'correctly interpret' what YOU submitted - just in case the Visa Officer cannot properly use YOUR computations. Seriously. At some point, soonish, you should make the effort to educate her on the I-864 packet that you sent to NVC, in case she needs to verbally rebut ANYTHING ABOUT IT on interview day. Knowledge is Power, here, specifically on interview day, and you truly wish to AVOID a 221(g) form, to ask for any 'new evidence to be submitted'. If she's able to 'point out' things, and the Visa Officer understand , then, then you've won. Winning is important, yes?

Whew !

Yeah! Thats what I told her. I said wait the requirements are already established and 3x & 5X the poverty level. So if I meet those its a done deal and would be no different than if I made $1 over the poverty level. I would have achieved the requirement and that part of my package is acceptable. She said that its at the discretion of the Embassy. They have the the final say with regards to approving. So in my case they are going to look at my assets and make a choice as to pass or fail I guess. The crazy thing about that is I would think if they are looking at my assets shouldn't they be speaking to me and not my wife who know very little about them. These assets are mine and they are all in the US. My wife has little to no knowledge about these. Shouldn't the Embassy be speaking to me then. What a joke...Government at its finest.

Wish the IRS would have practiced this way in years past ... but they always wanted to talk with me back then...

[Mr&Mrs D. 4]

Congrats, hammer!

[LotofPatience 65]

TomD,

Your best bet is write to Supervisor Sue at NVC and clarify what are your other options, than regular income. Provide all the details from you as well.

Loto

[TomD 4]

TomD - some comments

1. rarely SIF actually means 'case complete' - to the best of my knowledge, is an indicator that 'document submittal' is complete.

2. 'case complete' USUALLY is tagged after 'final case review'

3. If you have assets from any 'retirement' account, then the 'cash value' is usually computed to include the 'loss percentage' of 'cashing out' - sometimes that's a 20 percent 'hit' plus there is an immediate 'income tax' amount to be computed, as well, and can be as high as 35 percent. Usually, this type of 'computation review' is beyond the ken of any 'first level reviewer' at NVC - but if the 'rules' from the retirement account are highlighted in an attachment, is possible a slow-brain clerk at NVC can actually read them, then apply them.

Now, when NVC was 'fast' - SIF was a good indicator that yer case was complete, as the final review was happening in 'near-real-time', but that's not the case these days - I don't know if it's because of the VOLUME or if the actual review process has changed, to allow for 'more careful scrutiny'

5. AOS review - ya, there's some 'first level pass' that's done at NVC, to see if you meet the guidelines. Taxable Income is evaluated first, then cash, then convertible assets. Many times those with 'non-taxable-income' get closer scrutiny, because an NVC 'reviewer' can't figure it out.

6. Keep in mind that the ppl you speak to, over the phone at NVC, are never the ppl that are reviewing the stuff you send in for yer casefile. Never. If there is a 'tag' in the casefile that you didn't meet the AOS guidelines, you MIGHT get a 'checklist letter response' with an opportunity to submit a different/new I-864 package into NVC.

7. any arguments you might be doing at NVC are a waste of time, unless done with a supervisor. A Supervisor can request, on yer behalf (should you ask for it) another EYEBALL REVIEW prior to 'case complete' stage. If you feel the AOS review was improper, then you can ask (and get) another AOS review at NVC, in a conversation with a supervisor. Talking to 'first-level-staff' will be a waste of time.

8. On interview day, yer wife should have some intimate knowledge of the data you submitted on the I-864, ... Knowledge is Power, here, specifically on interview day, and you truly wish to AVOID a 221(g) form, to ask for any 'new evidence to be submitted'. If she's able to 'point out' things, and the Visa Officer understand , then, then you've won. Winning is important, yes?

Whew !

WHEW is right. Darnell thanks so much for your details and knowledgeable response to my situation.

Here is what puzzles me and it doesn't take much calculation at all other than addition. I have over $200,000 in cash in checking and savings accounts at various banks. The Canadian Government allowed Chinese from Hong Kong when it was been turn back to China to live in Canada if they had similar amounts. That sum alone I would think would satisfy an concerns. Then of course I also have property, 401K and IRA accounts as well as SS which I can draw on in 2 more years. On top of that because I have not been married that long to my wife I think she will only be receiving a 2 yrs VISA and not a 10 yr one. SO they will have another opportunity in 2 yrs to see how its going.

I also put a table with a line item for each asset in my package. I also included its value to make things easier for the review to see. Guess that didn't work so well. I should have included 10 fingers and toes so they could use them for counting. My wife does have a copy of that table and I will speak with her and request her to bring it with her and know it when she is interviewed. It would also help her remember what we have during the interview. I am also think I might see if I can attend this interview. I dont see why there should be an objection.

I really dont know what good it would do me to have another NVC person review my package if the NVC can not make a decision on this matter whats the point. Seems to me it would only slow things down. If they refuse me I do know I will not go silently into that good night.

Thanks again Darnell for your great insight and advice.

[Darnell 8,478]

TomD - if cash in USA banks in USA, then someone can't read properly. I'll leave it to you to decide 'who that is' - that 'non-reader'. My financial life is complicated, I have 'cash in bank' in lieu of 'show income'. IMO, yer 200K should trump much silliness, always.

Good Luck !

[LotofPatience 65]

TomD - if cash in USA banks in USA, then someone can't read properly. I'll leave it to you to decide 'who that is' - that 'non-reader'. My financial life is complicated, I have 'cash in bank' in lieu of 'show income'. IMO, yer 200K should trump much silliness, always.

Good Luck !

Exactly, I don't understand why don't they consider the cash as asset?

Tom, I didn't read your entire thread. But, had you mentioned your cash asset in I-864?

Loto

Edited September 13, 2010 by LotOfPatience

[mamamimi 8]

I just talked to NVC and they tell me that my case is complete. Does anyone know how long it takes to hear about the interview? The operator at NVC thought we just missed the October cutoff for interviews and that it would probably be sometime in November.

Great News hammer!!! Congrats!!! :dance:

I hope you get an interview soon!! I would call everyday to find out when, but that's just me!! LOL I hope you can get an October date!!!