Denied at the interview? How is this possible?

[ChrisWR 0]

I cannot believe that the visa for my husband was denied at the interview. We have been married for eight years, I have a secure job with the federal government and make more than enough to cover our expenses until he can get work. They kept him at the consulate in Juarez all day, and in the end, they pointed to my 1040 tax forms which have my salary as low, because I only worked in the US from August to December, and from August to October I was working part-time only. My substantial earnings in Mexico during the first half of the year don't count apparently. They are requesting a joint financial sponsor for him to be issued a visa. I cannot believe that they cannot consider my current position and salary when making a decision. What a bunch of morons! So now, I have to succumb to their wishes and ask someone else to help out when we don't need it. So awful! I'm so tired of all of this. Don't know what to do now. Any suggestions?

[EAbbas 213]

I cannot believe that the visa for my husband was denied at the interview. We have been married for eight years, I have a secure job with the federal government and make more than enough to cover our expenses until he can get work. They kept him at the consulate in Juarez all day, and in the end, they pointed to my 1040 tax forms which have my salary as low, because I only worked in the US from August to December, and from August to October I was working part-time only. My substantial earnings in Mexico during the first half of the year don't count apparently. They are requesting a joint financial sponsor for him to be issued a visa. I cannot believe that they cannot consider my current position and salary when making a decision. What a bunch of morons! So now, I have to succumb to their wishes and ask someone else to help out when we don't need it. So awful! I'm so tired of all of this. Don't know what to do now. Any suggestions?

So it wasn't actually denied then? They gave you a 221g asking for co sponsor...that's good news at least... you still have the opportunity to get him here. Get a co sponsor and submit as soon as possible being sure co sponsor earns enough to include themself, their spouse/children and him as well. Wish you luck!!!!

[Anh map 2,098]

If you haven't been at your current employer very long that may be the issue. Current and continuing income is what is typically evaluated. Income earned outside the US that is not continuing inside the US would not be considered.

[ChrisWR 0]

So it wasn't actually denied then? They gave you a 221g asking for co sponsor...that's good news at least... you still have the opportunity to get him here. Get a co sponsor and submit as soon as possible being sure co sponsor earns enough to include themself, their spouse/children and him as well. Wish you luck!!!!

Thanks. Yes, we are working on the co-sponsor. We hope to sort that out ASAP.

[Harpa Timsah 13,258]

Are you currently working? Normally they evaluate on current income, though they do have discretion.

[ChrisWR 0]

Are you currently working? Normally they evaluate on current income, though they do have discretion.

Yes, I've been working at my current job since November 2010.

[HS2 7]

I cannot believe that the visa for my husband was denied at the interview. We have been married for eight years, I have a secure job with the federal government and make more than enough to cover our expenses until he can get work. They kept him at the consulate in Juarez all day, and in the end, they pointed to my 1040 tax forms which have my salary as low, because I only worked in the US from August to December, and from August to October I was working part-time only. My substantial earnings in Mexico during the first half of the year don't count apparently. They are requesting a joint financial sponsor for him to be issued a visa. I cannot believe that they cannot consider my current position and salary when making a decision. What a bunch of morons! So now, I have to succumb to their wishes and ask someone else to help out when we don't need it. So awful! I'm so tired of all of this. Don't know what to do now. Any suggestions?

Sorry to hear abut this bump on your journey

I wonder why did NVC forwarded the file to embassy if the income was not sufficient in the first place...hmmm

Maybe this is another delaying technique that is being used

I collected unemployment for the better half of last year and was lucky enough to get a job in this tough economy that pays more that enough to sponsor a bunch more people besides my spouse. My understanding is that they only look at the current income. I plan on writing a letter and explaining the situation to NVC and send a copy with my set of documents to the embassy, but you have me worrying now. I guess if you were one of those million of unfortunate people that lost their job in this economy you should not get married overseas...bull... Hope you get a cosponsor and go over this little obstacle on your way to happily ever after

[ChrisWR 0]

Sorry to hear abut this bump on your journey

I wonder why did NVC forwarded the file to embassy if the income was not sufficient in the first place...hmmm

Maybe this is another delaying technique that is being used

I collected unemployment for the better half of last year and was lucky enough to get a job in this tough economy that pays more that enough to sponsor a bunch more people besides my spouse. My understanding is that they only look at the current income. I plan on writing a letter and explaining the situation to NVC and send a copy with my set of documents to the embassy, but you have me worrying now. I guess if you were one of those million of unfortunate people that lost their job in this economy you should not get married overseas...bull... Hope you get a cosponsor and go over this little obstacle on your way to happily ever after

The problem is that they keep their standards a complete mystery and then you find out only when it is too late. I also was with the understanding that the current income was more important than the previous, but I guess not. It all depends on the immigration official you are stuck with. That person makes the ultimate decision. Good luck to you too.

[Jojo92122 1,924]

Sorry to hear abut this bump on your journey

I wonder why did NVC forwarded the file to embassy if the income was not sufficient in the first place...hmmm

Maybe this is another delaying technique that is being used

I collected unemployment for the better half of last year and was lucky enough to get a job in this tough economy that pays more that enough to sponsor a bunch more people besides my spouse. My understanding is that they only look at the current income. I plan on writing a letter and explaining the situation to NVC and send a copy with my set of documents to the embassy, but you have me worrying now. I guess if you were one of those million of unfortunate people that lost their job in this economy you should not get married overseas...bull... Hope you get a cosponsor and go over this little obstacle on your way to happily ever after

The NVC collects the information. The NVC does not evaluate the information. Evaluating the information is done by the CO at the interview.

This is not "another delaying technique." It is the way information collected is evaluated.

The OP did not meet the financial requirements. Her foreign income cannot be counted because it has ended. There is no future money from this particular employment to meet the I-864 obligations in the future. In addition, a new job cannot evidence a history of reliable employment. These were the deficiencies pointed out, and this is why a joint sponsor is needed.

It is neither moronic or a manufactured delay to ask that petitioners show a reliable income history that will continue into the future to meet the I-864 obligations.

[magdasal 19]

The problem is that they keep their standards a complete mystery and then you find out only when it is too late. I also was with the understanding that the current income was more important than the previous, but I guess not. It all depends on the immigration official you are stuck with. That person makes the ultimate decision. Good luck to you too.

My understanding of the process is that if it's close, the CO makes the call...if it's not close, no worries. The minimums aren't really the set in stone, despite what it seems. Seen to many people who were close being put in the same position. Now that all the cards are on the table, at least you have a clear path to getting that visa issued. Best of luck

[ChrisWR 0]

My understanding of the process is that if it's close, the CO makes the call...if it's not close, no worries. The minimums aren't really the set in stone, despite what it seems. Seen to many people who were close being put in the same position. Now that all the cards are on the table, at least you have a clear path to getting that visa issued. Best of luck

Yes, no direction to move except forward. Have to keep plugging along.

[XXXXXXYYYY 1]

I cannot believe that the visa for my husband was denied at the interview. We have been married for eight years, I have a secure job with the federal government and make more than enough to cover our expenses until he can get work. They kept him at the consulate in Juarez all day, and in the end, they pointed to my 1040 tax forms which have my salary as low, because I only worked in the US from August to December, and from August to October I was working part-time only. My substantial earnings in Mexico during the first half of the year don't count apparently. They are requesting a joint financial sponsor for him to be issued a visa. I cannot believe that they cannot consider my current position and salary when making a decision. What a bunch of morons! So now, I have to succumb to their wishes and ask someone else to help out when we don't need it. So awful! I'm so tired of all of this. Don't know what to do now. Any suggestions?

I am so sorry for your snag... that is terrible!

Can I ask, was the income below the guideline levels?

I, too, lived in Nepal for 1/2 year last year so my income was lower...

Thank you! and good luck on the co-sponsor.

[ChrisWR 0]

I am so sorry for your snag... that is terrible!

Can I ask, was the income below the guideline levels?

I, too, lived in Nepal for 1/2 year last year so my income was lower...

Thank you! and good luck on the co-sponsor.

Your welcome. I just hope this information can help others like me who lived and worked outside of the U.S. during most of the year 2010 to be informed about the procedures. BTW, the number is not below the poverty guidelines, but close enough that they didn't approve it.

[EAbbas 213]

Your welcome. I just hope this information can help others like me who lived and worked outside of the U.S. during most of the year 2010 to be informed about the procedures. BTW, the number is not below the poverty guidelines, but close enough that they didn't approve it.

Yeah even tho we see the USCIS guidelines for i 864 and go by them it will vary on the embassy/consulate as to whether or not they accept it or what part of it they do accept. There are embassies that do not allow co sponsors, In Islamabad they are extremely strict as well with income. They almost didnt allow my 401k (im above poverty but since it wasn't by a lot i also used assets) it had over 100k in it... I had to prove it was not job related or them to accept.

There are guidelines for us but at the same time it is left up to the CO and the embassy/consulate as to how and what they will accept.

To say the very least.... that makes it really frustrating

Edited August 4, 2011 by EAbbas

[pushbrk 13,207]

My understanding of the process is that if it's close, the CO makes the call...if it's not close, no worries. The minimums aren't really the set in stone, despite what it seems. Seen to many people who were close being put in the same position. Now that all the cards are on the table, at least you have a clear path to getting that visa issued. Best of luck

The minimums are set in stone, in that if they are not met, by sponsor, or joint sponsor, there will be no visa. However, simply meeting the minimums is no indicator of whether the affidavit of support will be deemed sufficient.

All that said, I'm quite surprised that a government employee 8 months into a new job with well over the needed income was asked to provide a joint sponsor.