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Turned away at interview for lack of income

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from IR-1/CR-1 Process & Procedures to Bringing Family Members of US Citizens to America. Topic is not a spousal visa topic; OP filed petition for his stepson. OP has indicated his spouse is already in the US which makes this forum more appropriate for this topic.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: IR-1/CR-1 Visa Country: China
Timeline

did your wife work in usa for 2011 ? her income can be included on this stuff - if'n you need to redo yer taxes for 2011, to show this, nows the time to file the 1040X and push a copy to GUZ IV via the son.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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You should take a second job or get your wife into the work place. My wife was here for less than 6 months before getting her first job. She now works at Walmart as a cashier. I don't need the income but she likes the extra income to send back to parents and the Walmart management loves her personality.

I would not hold a grudge against your family because they refused to sign as a co--sponser. I actually don't blame them at all for now signing. That is a huge responsibility that I honestly would not do for my brother if he needed it. It is bad enough for me to assume the risk for my own wife that I would have to support her if she decided that she was not happy with me and wanted to live separately. Lucky for me, we have a great relationship.

Please forgive your siblings for not co-sponsoring your stepson. Especially considering that they would help financially in other ways tells me that they do truly love you.

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Filed: K-1 Visa Country: China
Timeline

Sorry to hear about your dilemma.

Just a suggestion - I'd be very cautious about cutting off family that has been willing to help you with the things you listed. They obviously DO care about you. If you and your wife are so angry at them for not financially supporting you and her family - don't you think that confirms their reasons for NOT wanting to help you with this scenario?

The thing is,I dont need their money....I just needed their money on paper!!!As I commented on another post here,there would be no financial hardship on their part.My wife's money will take care of him. If I knew I would be turned down from Guangzhou,we would have transfered her money here long ago.But I felt I could qualify on my own.Plus,I collect old cars and restore them and there was money sitting there if need be.All in all,me and my brother are cool,but my wife feels family helps family,no matter what the circumstances are.Thats the Chinese way...I guess! Thanks.

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Filed: K-1 Visa Country: China
Timeline

Moved from IR-1/CR-1 Process & Procedures to Bringing Family Members of US Citizens to America. Topic is not a spousal visa topic; OP filed petition for his stepson. OP has indicated his spouse is already in the US which makes this forum more appropriate for this topic.

Not sure what you are talking about but its about me not qualfying on the AOS for my wife's son!!

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Filed: K-1 Visa Country: China
Timeline

You should take a second job or get your wife into the work place. My wife was here for less than 6 months before getting her first job. She now works at Walmart as a cashier. I don't need the income but she likes the extra income to send back to parents and the Walmart management loves her personality.

I would not hold a grudge against your family because they refused to sign as a co--sponser. I actually don't blame them at all for now signing. That is a huge responsibility that I honestly would not do for my brother if he needed it. It is bad enough for me to assume the risk for my own wife that I would have to support her if she decided that she was not happy with me and wanted to live separately. Lucky for me, we have a great relationship.

Please forgive your siblings for not co-sponsoring your stepson. Especially considering that they would help financially in other ways tells me that they do truly love you.

You guys are missing the point.....we dont need the money!!!! She has a job,unfortunatly it pays cash(chinese restaurant)

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Filed: K-1 Visa Country: China
Timeline

did your wife work in usa for 2011 ? her income can be included on this stuff - if'n you need to redo yer taxes for 2011, to show this, nows the time to file the 1040X and push a copy to GUZ IV via the son.

At the time of filing,I used my 2010 tax return.If you read some of the replys here,they say all I need to make for a family of 3 is 23,000 and some change. I thought this total had to be multiplied by 125%. If thats the case,why did'nt I get approved? I made 26,000 in 2010.I did send an email to Guangzhou yesterday to see if I can re-submit using 2011 tax return.Thanks!

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At the time of filing,I used my 2010 tax return.If you read some of the replys here,they say all I need to make for a family of 3 is 23,000 and some change. I thought this total had to be multiplied by 125%. If thats the case,why did'nt I get approved? I made 26,000 in 2010.I did send an email to Guangzhou yesterday to see if I can re-submit using 2011 tax return.Thanks!

They not only look at what you made during that time, they also look in the long term income ability.

If they feel the immigrant will become a burden, they have the ability to stop the petition.

"Just making it" may work for some embassies - but others - not so much.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: K-1 Visa Country: Wales
Timeline

You guys are missing the point.....we dont need the money!!!! She has a job,unfortunatly it pays cash(chinese restaurant)

It does not matter how the income is paid, use that.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: China
Timeline

Tell your wife that she cannot expect Chinese values from Americans. In America, we are not our brothers' keepers. Brothers are not responsible for each others' families. She needs to adjust to American values. She ain't living back in China anymore.

Trust me,I understand where you are coming from but,It does'nt matter if they live on the moon,you can say what you think is right in certain situations but in reality,their culture is their culture no matter where they live.

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It does not matter how the income is paid, use that.

Actually - unless the immigrants income continues once they come to the US, it can't be used for the I-864.

(Since it appears she is still in China - I would think this falls under that).

I would also imagine he didn't report his wifes income on his taxes.

However, the immigrants assets can be used.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: K-1 Visa Country: China
Timeline

It does not matter how the income is paid, use that.

I'd be nervous about that. It goes back to another reply on here about cash assets"all of a sudden" and it'll send a red flag or something about a cash loan or something!! Does that make sense??

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Filed: K-1 Visa Country: Wales
Timeline

Sounds to me that the wife is in the US.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: China
Timeline

Actually - unless the immigrants income continues once they come to the US, it can't be used for the I-864.

(Since it appears she is still in China - I would think this falls under that).

I would also imagine he didn't report his wifes income on his taxes.

However, the immigrants assets can be used.

Again,this is not about my wife. She is here in America with me. Her money is in China and you are correct,we did not report her income for 2011.She did not work in 2010.Thanks.

Sounds to me that the wife is in the US.

Yes she is.Thanks.

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Filed: K-1 Visa Country: Wales
Timeline

Again,this is not about my wife. She is here in America with me. Her money is in China and you are correct,we did not report her income for 2011.She did not work in 2010.Thanks.

Sounds like your first stop will be with your CPA.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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