Denied at the interview? How is this possible?

[pushbrk 12,903]

That is only in K1 cases. In IR/CR-1 cases, the NVC always allows joint sponsors, therefore, joint sponsors are allowed by the Embassy/Consulate.

The result is the same but the reason above is wrong. The law provides for joint sponsors in immigrant visa cases, therefore both NVC and Consular IV units follow the law.

[Julie y Pat 67]

I know what applies to one consulate does not apply to all consulates, but this is what happened to my wife and I earlier this year. My wife's CR interview was in Bogota on Jan 5, so the latest tax return transcript I had was for 2009, and from the trips I made to Colombia and two jobs being delayed for a few months, I pretty much only worked nine months. I'm self employed, and from the deductions I took on my tax return, and using the wrong line from my 1040 for the I-864, I came up about $600 short for 2009. CO told me I needed a cosponsor. I said no I don't, and that my wife would be back with a new I-864 and my 2010 tax return transcript. He said your income is not enough, so just get a cosponsor and you'll be all set. Before I left Colombia, I had my 1099 numbers emailed to me, filled out my return for 2010, and a new I-864 with the numbers for 2010. I mailed my return as soon as I got home, and when I was able to get the transcript, I emailed my wife a copy. She made a new appointment, and they accepted it, but she was still denied as we had expected, but for another reason.

[ChrisWR 0]

I know what applies to one consulate does not apply to all consulates, but this is what happened to my wife and I earlier this year. My wife's CR interview was in Bogota on Jan 5, so the latest tax return transcript I had was for 2009, and from the trips I made to Colombia and two jobs being delayed for a few months, I pretty much only worked nine months. I'm self employed, and from the deductions I took on my tax return, and using the wrong line from my 1040 for the I-864, I came up about $600 short for 2009. CO told me I needed a cosponsor. I said no I don't, and that my wife would be back with a new I-864 and my 2010 tax return transcript. He said your income is not enough, so just get a cosponsor and you'll be all set. Before I left Colombia, I had my 1099 numbers emailed to me, filled out my return for 2010, and a new I-864 with the numbers for 2010. I mailed my return as soon as I got home, and when I was able to get the transcript, I emailed my wife a copy. She made a new appointment, and they accepted it, but she was still denied as we had expected, but for another reason.

How terrible! I am so sorry. This whole process is so difficult. Keep being persistent. Good luck.

[Julie y Pat 67]

One thing I have wondered about, and have never really seen the question asked, but here it is. Is it possible for someone who has needed a cosponsor for the Affidavit of Support, to submit a new Affidavit of Support, if income has increased and is consistent, further down the road, say at removal of conditions?

[ChrisWR 0]

One thing I have wondered about, and have never really seen the question asked, but here it is. Is it possible for someone who has needed a cosponsor for the Affidavit of Support, to submit a new Affidavit of Support, if income has increased and is consistent, further down the road, say at removal of conditions?

One thing I have found out is that you have a year from the date that the new sponsor was requested to submit the required documentation (an affadavit of support for the joint sponsor). I was thinking about plan B (worst case scenario), waiting until the end January 2012, get my W2 forms from 2011, do my taxes, and resubmit my affidavit of support with taxes for the complete year of 2011. Not sure if this is possible though.

Does anyone know if it is possible to resubmit your own evidence within the time they give after the request for the joint sponsor is made?

[EAbbas 213]

One thing I have found out is that you have a year from the date that the new sponsor was requested to submit the required documentation (an affadavit of support for the joint sponsor). I was thinking about plan B (worst case scenario), waiting until the end January 2012, get my W2 forms from 2011, do my taxes, and resubmit my affidavit of support with taxes for the complete year of 2011. Not sure if this is possible though.

Does anyone know if it is possible to resubmit your own evidence within the time they give after the request for the joint sponsor is made?

Not sure... we were told we needed joint sponsor on the 221g form but the CO also said that if we could get a clear statement saying our oldest child is 18 and is majority in our state and not living with me etc (so that he was excluded from household).. then he could approve my i 864 but thats a diff circumstance... (we did submit clear statement and they did approve)

We were a little concerned that the 221g didnt' say either/or but only said joint sponsor.

[Magic_Knight 0]

Not sure... we were told we needed joint sponsor on the 221g form but the CO also said that if we could get a clear statement saying our oldest child is 18 and is majority in our state and not living with me etc (so that he was excluded from household).. then he could approve my i 864 but thats a diff circumstance... (we did submit clear statement and they did approve)

We were a little concerned that the 221g didnt' say either/or but only said joint sponsor.

Good discussions here. I have submitted my Affidavit of Support to the NVC about June 20th, it is in final review right now. My income for the past 3 years has been below the poverty line because I worked only part time(I was living at home while I finished college). 2010's income was only $9,500. However, since May 17th I have been working with a salary of $30,000. If they say that last year's income was not enough or that I have not worked at my current job long enough and I need a co sponsor and I cannot get one, what are my options? Can I have them hold my papers until I have worked there long enough (6 months?), or until January 2012 where I can show 2011's income statement where I will be above the poverty line? How long will they hold my papers? I don't want to start the whole process over again or something, I miss my wife so much...

Thank you.

Edited August 5, 2011 by Magic_Knight

[EAbbas 213]

Good discussions here. I have submitted my Affidavit of Support to the NVC about June 20th, it is in final review right now. My income for the past 3 years has been below the poverty line because I worked only part time(I was living at home while I finished college). 2010's income was only $9,500. However, since May 17th I have been working with a salary of $30,000. If they say that last year's income was not enough or that I have not worked at my current job long enough and I need a co sponsor and I cannot get one, what are my options? Can I have them hold my papers until I have worked there long enough (6 months?), or until January 2012 where I can show 2011's income statement where I will be above the poverty line? How long will they hold my papers? I don't want to start the whole process over again or something, I miss my wife so much...

Thank you.

I have seen approvals like this but I think it depends on the embassy/consulate and the CO doing the interview...some look at the previous tax year with high expectations and some only care about current year.... but I would think that your best option is to go ahead and prepare to have a joint sponsor on standby and be prepared to offer that option for the case. As far as holding your petition... I'm not sure about that. There may be somebody else able to answer that appropriately.

[pushbrk 12,903]

One thing I have wondered about, and have never really seen the question asked, but here it is. Is it possible for someone who has needed a cosponsor for the Affidavit of Support, to submit a new Affidavit of Support, if income has increased and is consistent, further down the road, say at removal of conditions?

No affidavit of support at ROC. Original joint sponsor is still on the hook.

[ChrisWR 0]

Good discussions here. I have submitted my Affidavit of Support to the NVC about June 20th, it is in final review right now. My income for the past 3 years has been below the poverty line because I worked only part time(I was living at home while I finished college). 2010's income was only $9,500. However, since May 17th I have been working with a salary of $30,000. If they say that last year's income was not enough or that I have not worked at my current job long enough and I need a co sponsor and I cannot get one, what are my options? Can I have them hold my papers until I have worked there long enough (6 months?), or until January 2012 where I can show 2011's income statement where I will be above the poverty line? How long will they hold my papers? I don't want to start the whole process over again or something, I miss my wife so much...

Thank you.

Well, if I were you, I'd start looking for a joint sponsor. The most likely scenario is that they will tell you that you need one when your wife goes for the interview. I've been working since November 2010 making $50,000/yr at a secure federal job and they still are requiring a joint sponsor and my 2010 tax return was above the poverty level (however not by much since I worked out of the country for the majority of 2010). Start considering your options now. At the interview, if they tell you need a joint sponsor, you have 1 year from that interview date to submit more information. I don't know if that includes submitting 2011 tax returns or not. Good luck, and keep plugging along.

[Magic_Knight 0]

Well, if I were you, I'd start looking for a joint sponsor. The most likely scenario is that they will tell you that you need one when your wife goes for the interview. I've been working since November 2010 making $50,000/yr at a secure federal job and they still are requiring a joint sponsor and my 2010 tax return was above the poverty level (however not by much since I worked out of the country for the majority of 2010). Start considering your options now. At the interview, if they tell you need a joint sponsor, you have 1 year from that interview date to submit more information. I don't know if that includes submitting 2011 tax returns or not. Good luck, and keep plugging along.

Ok, that cleared some stuff up, thanks. (And thank you too, EAbbas)

[Navyk 78]

I have seen approvals like this but I think it depends on the embassy/consulate and the CO doing the interview...some look at the previous tax year with high expectations and some only care about current year.... but I would think that your best option is to go ahead and prepare to have a joint sponsor on standby and be prepared to offer that option for the case. As far as holding your petition... I'm not sure about that. There may be somebody else able to answer that appropriately.

EAbbas, I have one question for you. What is this "Namecheck" now at US Embassy/ Consulate. Wasn't that supposed to have been done during the USCIS petition review. Just want to be clear of this - appreciate your response.

[EAbbas 213]

yes they did checks on him throughout the process but hes coming from pakistan and they pretty much do mandatory ap checking fingerprints too which they obtain only @ the interview...they had to review our docs they requested otherwise that would have been started right after the interview

Some men get thru it faster but they check all the men especially coming from the MENA countries

by checking i mean they run deeeep checks on these men and sometimes women