Thai Visa Denied

[cypress419 0]

Today was the day we have been waiting months for. We hired a lawyer dotted all our i's and crossed our T's.

My love was denied her visa the interviewer told her I did not make enough money but I made twice the amount for the affadavit of support.

He was also concerned that I had a joint account with zero dollars with my daughters mother. I have a healthy savings account

which is not held jointly. I believe a mistake was made how do we address our grievances.

[JimVaPhuong 4,863]

Today was the day we have been waiting months for. We hired a lawyer dotted all our i's and crossed our T's.

My love was denied her visa the interviewer told her I did not make enough money but I made twice the amount for the affadavit of support.

He was also concerned that I had a joint account with zero dollars with my daughters mother. I have a healthy savings account

which is not held jointly. I believe a mistake was made how do we address our grievances.

Do you have a copy of the denial notice? The exact text would be useful.

Did you provide tax return transcripts with the I-134? What was your line 22 total income? How many people in your household?

The bank account may have come up in a background check. It may be an old account you and/or your ex-wife failed to close. Other than court ordered support payments, CO's don't like to see any financial connection between the petitioner and their ex-spouse. Any ties with the ex-spouse beyond the norm make it appear like the divorce may have been intended to be temporary, and obtained only so the petitioner would be eligible to petition for a foreigner.

Are you sure you got a denial and not a 221g? If you got a denial, and not a 221g requesting more evidence, then there's nothing you can do to "address your grievances", as you put it. A consular officers decision is not subject to review or appeal by anyone - not a federal judge, not the Secretary of State, not even the President. Many people start wondering about "due process" at this point, but "due process" doesn't apply here because you aren't being denied life, liberty, or property. You're ending up with exactly what you had before you submitted the petition.

When a consular officer denies a K1 visa then they send the petition back to USCIS with a recommendation that the approval be revoked. What happens after that varies, depending on the service center. The CSC has a tendency to just ignore the CO's recommendation, and allow the petition to expire. They'll send you a notice to that effect, advising you that you're free to file another petition. However, they also have a tendency to issue a Notice Of Intent to Deny on a subsequently filed petition, citing the CO's reasons for denying the visa. In other words, they're putting off making a decision on the CO's accusations unless you actually file another petition.

Anyway, answer the questions above and we'll give more information about what may or may not happen, and what your options are.

[MiiMO-MeLoN 1]

This is helpful topic for me I need to prepare to answer this question for my interview is coming on Dec ( i wish)

I hope your case will go smoother with no more problem and get visa on hand.

[cypress419 0]

thanks for the info Jim, I think they do want to see more evidence? She was so upset it was hard to get the gist of everything.

They told her they want to see more documents. She will scan me what they gave her tomorrow. We submitted the last 3 years tax forms

with 2011 being the biggest year. My gross was 48k and my net was well over the 24k he said I needed to make. My lawyer thought it was 19k minimum.

I have never been married but have 1 child, I am the only one in my household. I made a joint account with my daughters mom before I left the country to visit Thailand. I should have more info tomorrow and I thank you for the reply.

[cypress419 0]

you were right jim we got a 221g stating petitioner failed to demonstrate sufficient financial means

to support an immigrant. My schedule C (form 1040) states 42,000 but the line 22 that you mentioned states 19340.

even the second number is above the HHS poverty guidelines. I do have a daughter but she does not live with me.

will sending the schedule C with a bank statement stating a healthy saving suffice? I look forward to reading your response.

thanks

[Bumbero 130]

I just read this about children/dependents. Apparently children under the age of 18, or if you still choose to support over 18, are considered dependent unless you have parental rights terminated. It does not matter who they live with, mother or father. So, if your daughter is under 18 and you provide child support, they will be counted in your household. Maybe that is what happened with your denial.

Here is the thread, small but useful. Hope it helps a little and Good luck to you!

http://www.visajourney.com/forums/topic/396778-who-is-dependent-in-affidavit/

[Dolly&Dan 11]

It sounds like the consulate is including your daughter so to be above the 125% poverty guideline you need to make $23,862. They will use line 22 on your tax return for income. Do you have a court order or divorce decree ordering child support? Im fairly sure your child needs to be listed as you would be responsible for support living with you or not.

[boxer615 9]

i hope this gets cleared up promptly.

my fiancee has her interview next week and this puts me slightly on edge, considering my tax transcripts show nothing for the past 2 years and below the poverty level for three years ago. though during that time i was living in Thailand off of savings. i have since returned home and secured employment and my income is well enough above the poverty line for somebody without any dependents. definitely on edge a bit...

[NigeriaorBust 4,087]

It sounds like the consulate is including your daughter so to be above the 125% poverty guideline you need to make $23,862. They will use line 22 on your tax return for income. Do you have a court order or divorce decree ordering child support? Im fairly sure your child needs to be listed as you would be responsible for support living with you or not.

It doesn't matter is the court ordered support or if he has custody. As long as the child in under 18 and his rights have not been terminated he includes the child as a dependant.

[KayDeeCee 4,896]

you were right jim we got a 221g stating petitioner failed to demonstrate sufficient financial means

to support an immigrant. My schedule C (form 1040) states 42,000 but the line 22 that you mentioned states 19340.

even the second number is above the HHS poverty guidelines. I do have a daughter but she does not live with me.

will sending the schedule C with a bank statement stating a healthy saving suffice? I look forward to reading your response.

thanks

You have a household size of 3, so you needed to show 24k, not 19. A minor child is counted in your household no matter where they live or if you claim them on your taxes or not.

For self-employed they go by line 22 of your most recent 1040. You can use assets to offset a shortfall in income. Assets are calculated at 3 times the amount you are short. So, you would need a bare minimum of 15k. It would be even better if your savings account is much healthier than that though.