interview..

[Jaime&Khalid 0]

my fiance had his interview and didnt have the correct sponsor papers so they put our case on hold until he can bring them the correct papers.. they gave him another interview date for dec 19th.. is this a bad sign that he will fail??? they kept his passport too.. what does this mean?? plzz help me once again.. thank u for your time..

[Girl from Celebes 588]

my fiance had his interview and didnt have the correct sponsor papers so they put our case on hold until he can bring them the correct papers.. they gave him another interview date for dec 19th.. is this a bad sign that he will fail??? they kept his passport too.. what does this mean?? plzz help me once again.. thank u for your time..

I guess, while you are awaiting the replies on this post, probably better if you go to embassy review on this site. I had done before for my consulate and helped me to understand the process. Good luck and wish all the best for both of you.

[Silverberry1331 25]

my fiance had his interview and didnt have the correct sponsor papers so they put our case on hold until he can bring them the correct papers.. they gave him another interview date for dec 19th.. is this a bad sign that he will fail??? they kept his passport too.. what does this mean?? plzz help me once again.. thank u for your time..

Dear friend,

Now, I am not a CO BUT...the very fact that they kept his passport tells me that this is a good sign. Let me ask you...Did they question him at all? When he went into the Consulate, he probably saw two people for an interview: the Moroccan woman (most likely) THEN the CO. Did he see these two people? I need a few more details. IMO, if they thought they were going to fail him, then they would have given him his passport---no need to keep it, right? Did they take the pictures he was suppose to bring too? Also, if they wanted to fail him, why not, give him a tough interview then tell him he failed and didn't have the right paperwork...why make him come back?

Please let me know exactly what happened in the interview so I can reassess what I think in light of the new information. However, as it is now, if you ask me...sounds like this is just a formality to make sure he has the appropriate sponsoring paperwork before they issue.

Stay positive!

Edited November 24, 2011 by Silverberry1331

[Jaime&Khalid 0]

They asked him some questions about our relationship.. how we meet and that traveled to morocco 1 time .. they also asked if he know i was disabled.. they kept all his papers.. our pictures EVERYTHING..the consulate stated he need the I-864 instead of i-134..also sponors birth certificate. they also asked for the sponsors W2/tax papers.. we have one problem.. the sponsor is exempt for filing taxes and doesnt have a W2.. she is retired and has social security..i filled out the 1040 tax form anyway and it all added up to 0..Also sent the consular letters from social security and an old 1099 form the states she is exempt...can u give more insight now?? thank uuuuuuuuuuuuuuu

[MIBEN 83]

It sounds like the CO is trying to work with your husband, keeping the passport is a good sign they did the same with my husband and he got the visa.

The entire purpose of the Affidavit of Support is to show that someone is taking responsibility for his immediate financial needs when he arrives and that your spouse does not become a financial charge to the state (medicaid, welfare, food stamps). Does the sponsor make enough to meet these needs according to the wages required to sponsor him? If she is solely basing it on social security I am not sure this qualifies as the amount she is entitled to can change as did my mothers if her situation changes (divorce, moving locations, change in medical conditions). Her social security can be viewed as an unstable income.

The only recommendation I can give is make sure whoever you use as a sponsor has a guaranteed income (pension, stable job). I know it is late in the process but it the financial threshold is not met the CO's hands are locked, they can only make a decision based on what they are provided by the petitioner.

Best of luck and hope the sponsor's social security income fits the bill.

God Bless,

[Silverberry1331 25]

It sounds like the CO is trying to work with your husband, keeping the passport is a good sign they did the same with my husband and he got the visa.

The entire purpose of the Affidavit of Support is to show that someone is taking responsibility for his immediate financial needs when he arrives and that your spouse does not become a financial charge to the state (medicaid, welfare, food stamps). Does the sponsor make enough to meet these needs according to the wages required to sponsor him? If she is solely basing it on social security I am not sure this qualifies as the amount she is entitled to can change as did my mothers if her situation changes (divorce, moving locations, change in medical conditions). Her social security can be viewed as an unstable income.

The only recommendation I can give is make sure whoever you use as a sponsor has a guaranteed income (pension, stable job). I know it is late in the process but it the financial threshold is not met the CO's hands are locked, they can only make a decision based on what they are provided by the petitioner.

Best of luck and hope the sponsor's social security income fits the bill.

God Bless,

This sounds right to me. I think he has the visa but needs to get this paperwork in. I don't have insight about the income issue but, do feel that overall this is a very good sign about your visa. Whoot!

[qwerty1974 11]

I'm sure keeping the passport can't be a bad sign. Good luck.

[Jaime&Khalid 0]

It sounds like the CO is trying to work with your husband, keeping the passport is a good sign they did the same with my husband and he got the visa.

The entire purpose of the Affidavit of Support is to show that someone is taking responsibility for his immediate financial needs when he arrives and that your spouse does not become a financial charge to the state (medicaid, welfare, food stamps). Does the sponsor make enough to meet these needs according to the wages required to sponsor him? If she is solely basing it on social security I am not sure this qualifies as the amount she is entitled to can change as did my mothers if her situation changes (divorce, moving locations, change in medical conditions). Her social security can be viewed as an unstable income.

The only recommendation I can give is make sure whoever you use as a sponsor has a guaranteed income (pension, stable job). I know it is late in the process but it the financial threshold is not met the CO's hands are locked, they can only make a decision based on what they are provided by the petitioner.

Best of luck and hope the sponsor's social security income fits the bill.

God Bless,

she has a retirement pension as well as social security...she makes 22,000 a year and has no dependents.. so she meets the needs...thank u

[MIBEN 83]

It seems she does meet the poverty line guidelines for sponsorship.

The situation here is the tax returns, in most cases all pensions are taxable and so is social security if a person makes over $25,000 or more a year. In this case if the sponsor makes more than $25,000 a year between her pension and social security then up to 50% of the money she draws from social security is taxable. I am not sure the situation in the sponsor's case i.e. what is giving her the exemption to not file taxes. I am retired myself and my retirement income is taxable and I have to file taxes at the end of the year, now granted I get most of the money back because I have exemptions (family members) but I am still required to file taxes.

If the sponsor is exempt from filing taxes, I recommend providing some documentation from the Internal Revenue Service (IRS) or Social Security Administration (SSA) stating why she is exempt. If getting something in writing from said organizations is not feasable then maybe looking up the policies or regulations that stipulate the exemption is something else that your fiance can provide. They just want to see something that either shows the earnings and if she does not have tax returns then a letter attesting to why she is exempt is the best thing he can give them.

I hope this helps, I know this process is overwhelming and we wish everyone going through the process the best resolve.

God Bless,

[MIBEN 83]

I was reading through the IRS website and found the following link that covers Social Security Income, it maybe helpful in your case:

http://www.irs.gov/pub/irs-pdf/i1040.pdf pg 8 has a chart that stipulates who has to file tax returns this along with the sponsor's 1099 form from SSA and a copy of the Retiree Account Statement should be enough to prove she is exempt from filing taxes. Now you will have to get your fiance to be able to understand all this and how it relates to his visa request. He will be the only one talking to the CO or you could send the embassy a detailed email with the chart and and supporting documents.

Chart A—For Most People and at the end of 2010

IF your filing status is At the end of 2010 you were Then file a return if your gross income was at least

Single under 65 $9,350

65 or older $10,750

Married filing jointly*** under 65 (both spouses) $18,700

65 or older (one spouse) $19,800

65 or older (both spouses) $20,900

Married filing separately any age $3,650

(see page 13)

Head of household under 65 $12,050

(see page 13) 65 or older $13,450

Qualifying widow(er)

with dependent child under 65 $15,050

*If you were born on January 1, 1946, you are considered to be age 65 at the end of 2010.

**Gross income means all income you received in the form of money, goods, property, and services that is not exempt from tax,

including any income from sources outside the United States or from the sale of your main home (even if you can exclude part or all of

it). Do not include any social security benefits unless (a) you are married filing a separate return and you lived with your spouse at any

time in 2010 or (b) one-half of your social security benefits plus your other gross income and any tax-exempt interest is more than

$25,000 ($32,000 if married filing jointly). If (a) or (b) applies, see the instructions for lines 20a and 20b to figure the taxable part of

social security benefits you must include in gross income.

***If you did not live with your spouse at the end of 2010 (or on the date your spouse died) and your gross income was at least

$3,650, you must file a return regardless of your age.

The taxable amount of the benefits can be figured on a worksheet in the Form 1040 Instructions or Form 1040A Instructions , or in Publication 915, Social Security and Equivalent Railroad Retirement Benefits.

I hope this helps,

v/r,

Mimi

[Jaime&Khalid 0]

I was reading through the IRS website and found the following link that covers Social Security Income, it maybe helpful in your case:

http://www.irs.gov/pub/irs-pdf/i1040.pdf pg 8 has a chart that stipulates who has to file tax returns this along with the sponsor's 1099 form from SSA and a copy of the Retiree Account Statement should be enough to prove she is exempt from filing taxes. Now you will have to get your fiance to be able to understand all this and how it relates to his visa request. He will be the only one talking to the CO or you could send the embassy a detailed email with the chart and and supporting documents.

Chart A—For Most People and at the end of 2010

IF your filing status is At the end of 2010 you were Then file a return if your gross income was at least

Single under 65 $9,350

65 or older $10,750

Married filing jointly*** under 65 (both spouses) $18,700

65 or older (one spouse) $19,800

65 or older (both spouses) $20,900

Married filing separately any age $3,650

(see page 13)

Head of household under 65 $12,050

(see page 13) 65 or older $13,450

Qualifying widow(er)

with dependent child under 65 $15,050

*If you were born on January 1, 1946, you are considered to be age 65 at the end of 2010.

**Gross income means all income you received in the form of money, goods, property, and services that is not exempt from tax,

including any income from sources outside the United States or from the sale of your main home (even if you can exclude part or all of

it). Do not include any social security benefits unless (a) you are married filing a separate return and you lived with your spouse at any

time in 2010 or (b) one-half of your social security benefits plus your other gross income and any tax-exempt interest is more than

$25,000 ($32,000 if married filing jointly). If (a) or (b) applies, see the instructions for lines 20a and 20b to figure the taxable part of

social security benefits you must include in gross income.

***If you did not live with your spouse at the end of 2010 (or on the date your spouse died) and your gross income was at least

$3,650, you must file a return regardless of your age.

The taxable amount of the benefits can be figured on a worksheet in the Form 1040 Instructions or Form 1040A Instructions , or in Publication 915, Social Security and Equivalent Railroad Retirement Benefits.

I hope this helps,

v/r,

Mimi

her total income from both is 22,000 and she has documents from irs stating she is tax exempt but i could not file 2010 taxes for her.. it all came put to 0. I spoke with the IRS and they stated to me there is no point for her to file being tax exempt and her SS is exempt as well cause she only makes close to 9,000.. it is way under the 25,000 requirement.. just realized as well dec20th is the cut off for our case with the consulate..his next interview is the 19th!!!im really freakin out over this..its so stressful.

[MIBEN 83]

I think you will be okay you just have to move fast, first finish up the correct affidavit of support (864 with sponsor's signature), attach a letter explaining the situation (signed and notarized by you) along with any documents you have from the IRS and the chart I provided. It is still proof from the organization of her exemption, proof of the policy/regulation that the sponsor is exempt and show proof of her earnings 1099 (SSA) and Retiree Account Statement. This is more than enough proof to show that she makes enough money to sponsor him as stated by the income guidelines for sponsorship.

Good luck and God bless don't stress out now act and fast, he needs the paperwork as soon as possible so if you can afford it use some type of express service do not recommend US postal service or FEDEX they only guarantee express service to the US border. I believe DHL guarantees door delivery, look at Silverberry1331's profile she used express service as well she can give you some insight.

Just keep pushing, relax once it is all over and he has the visa in hand.

[KittyPollitt 284]

Casablanca usually asks for an 1-864 with a K1 just to ensure that the intending immigrant has someone who is willing to file and I 864 for them when they come to the US and adjust status. Providing a birth certificate as proof of US citizenship and identity is just a requirement for that particular document. Just send him what they asked for, and you should be fine I went through the same when my then fiance had his interview. My mother sent the stuff to us USPS Express International, and it arrived just fine within 7 days. The fact that they kept his passport is a great sign. Casablanca doesn't keep passports unless they plan to put something in it. Congrats on a successful interview.