Denied at Dublin Embassy: 221(g)

[MeredythB 38]

The Hubs and I went for his interview today at the Dublin Embassy. Things were going along fine until the CO asked my husband if I was living in Ireland. He answered that, yes, I was. CO proceeds to deny Hubs' visa based on a "formula" and "time frame" that is used to determine whether or not my income qualified to sponsor him. I've used the words in quotations because the CO wouldn't (or couldn't) actually give me an explanation of either.

So here is my situation and the following question.

I live in Ireland and have done since May 2011. I took 19 months off of work while residing in Ireland to deal with a very high-risk pregnancy and the subsequent first year of life of my daughter. In January of this year, I took a position with a family company (based in SC), that is entirely remote. I maintain the company's Internet-based advertising (Web site, blog, Twitter, Facebook, etc.) and also liaise with the three country governments in which we do business, providing them with the material specs of our product in order to ascertain whether or not they are up to building code. All of this can be done from anywhere, so I've chosen to do it from Ireland untii such time as we move back to the States. My work (and income) will continue there as well. I provided both an employment letter and my most recent paystub, confirming that I make 36000 dollars a year. Our household size is 3. I also provided proof of ownership of a residential property in the US, which we intend to use as our home. I have also maintained a US bank account, have kept my voter's registration and my driver's license current, and continue to pay taxes, both state and federal. Is there any reason that my income would not be counted, simply based on time of residence in a country other than the US, if that income is current and will continue once we move? Because that's the reason that we were given for denial. And frankly, I'm stumped. Any help would be greatly appreciated.

[Darnell 8,478]

it smells like the Vice-Consul not read anything you submitted about this,

or

the thing you submitted with the I-864 did not fully explain stuff in the fashion you did above.

For you, you had two choices with the I-864:

1. prove USA domicile or

2. prove re-establishment of USA domicile.

They are two different things, but - if the proof is not adequate or is lacking, the Vice Consul has no choice but to deny.

I don't know anything more than what you've written, but I suggest you write it all again, take another stab at it.

Good Luck !

[MeredythB 38]

it smells like the Vice-Consul not read anything you submitted about this,

or

the thing you submitted with the I-864 did not fully explain stuff in the fashion you did above.

For you, you had two choices with the I-864:

1. prove USA domicile or

2. prove re-establishment of USA domicile.

They are two different things, but - if the proof is not adequate or is lacking, the Vice Consul has no choice but to deny.

I don't know anything more than what you've written, but I suggest you write it all again, take another stab at it.

Good Luck !

I'll present both my employment letter and letter of intent to reestablish domicile for your perusal. Was I obtuse in thinking that presenting these documents, their evidences, and my most recent paystub would be sufficient?

National Visa Center

ATTN: CMR AOS

32 Rochester Avenue, Ste. 100

Portsmouth, NH 03801-2914

02/14/2013

Case Type: I-864 Affidavit of Support/Intent to Reestablish Domicile

Petitioner: M H B

Case Number: DBL***********

Dear Sir or Madam;

This letter is enclosed with the intention to declare that the petitioner, M H B, intends to reestablish domicile in the United States no later than the date that my husband, the beneficiary, B B, enters the US. I have been living temporarily with my husband in Ireland since our marriage. In order to maintain the United States as my primary domicile, I have retained my property located at 123 T W, maintained my US checking and savings accounts with Bank of America, maintained a current South Carolina driver’s license, and am registered to vote in my home county. I have included the following items in this package to substantiate this statement:

1. This letter

2. Bank of America account overview page, showing petitioner’s checking and savings account balances

3. Copy of petitioner’s current South Carolina Driver’s License

4. Copy of petitioner’s voter registration (under previous married name)

5. Copy of County, South Carolina tax bill for petitioner’s property located at 123 T W, S, SC (under previous married name)

Thank you for your prompt attention to this application. If you have any questions or concerns regarding this application, please feel free to contact me at the addresses below.

Sincerely,

M H B

<COMPANY LETTERHEAD>

Date: January 30, 2013

Re: Employment verification for M H B

Dear Sir or Madam:

This letter is to confirm that M H B has been employed with us since January 14, 2013. M H B is currently working with us as a Web Advertising Manager. Her annual salary is $36,000.00 as of fiscal year 2013.

Please feel free to contact us if your office should require further information.

Sincerely,

Mr. Big Stuff

President/Owner

Big Stuff Builders

[Darnell 8,478]

what else did the Vice-Consul say,

and in the 221g, what 'stuff' is asked for ?

[MeredythB 38]

what else did the Vice-Consul say,

and in the 221g, what 'stuff' is asked for ?

We're being asked to provide a joint sponsor, since my income doesn't qualify. I asked why it didn't and the CO could only tell me that there is a "timeline" and a "formula" (no further explanation for these was offered, even though I asked for one) and that "in this instance" my US-based income that would continue after I moved back to the States wasn't considered sufficient because I live in Ireland. Hence my confusion. And fury.

[Darnell 8,478]

ok.

re: the formula - is quite possible (and most likely)

that

the Vice-Consul looked at prior years (plural) income and current annual income,

and 'the formula' failed on that.

re: the bit about currently living in Ireland in terms of annual income based in the USA - that's just bizarre.

I think you have 2 paths here:

1. you go back to the Embassy and talk with The Vice Consul in charge of the Immigrant Visa Unit, having him/her go over this stuff again. or

2. bite the bullet, get a co-sponser, have another I-864 prepared from that human.

[MeredythB 38]

ok.

re: the formula - is quite possible (and most likely)

that

the Vice-Consul looked at prior years (plural) income and current annual income,

and 'the formula' failed on that.

re: the bit about currently living in Ireland in terms of annual income based in the USA - that's just bizarre.

I think you have 2 paths here:

1. you go back to the Embassy and talk with The Vice Consul in charge of the Immigrant Visa Unit, having him/her go over this stuff again. or

2. bite the bullet, get a co-sponser, have another I-864 prepared from that human.

I was short in 2011, but covered that amount in cash assets by more than 4x. I made well above required amounts in the other tax years. And I now make nearly twice the amount necessary to support my household of 3. I just can't make it work in my head how we could be denied.

Oh, and the tax return for the joint sponsor that the Dublin Embassy is asking for? 2011. WTH?

[Darnell 8,478]

if you have current cash assets at 4X of 2012 diff, then the CO possibly was confused.

I do suggest YOU (solely) going in and talking with the head of the IV Unit (it's a Vice Consul slot/person) . You should (IMO) talk with that human before jumping on the joint sponser / co-sponser stuff.

[MeredythB 38]

if you have current cash assets at 4X of 2012 diff, then the CO possibly was confused.

I do suggest YOU (solely) going in and talking with the head of the IV Unit (it's a Vice Consul slot/person) . You should (IMO) talk with that human before jumping on the joint sponser / co-sponser stuff.

I suppose he could have gotten confused, but since I asked him multiple times why American-based current income that would continue once we were back in the States didn't qualify (approaching from several angles), I'm not really inclined to give him much slack.

We may have a sponsor already, but it's just the hassle of having to get everything here and then mailed to the embassy and waiting for them to review and then make the decision and then mail the visa when I know we should have been approved today. Why should I have to wait another month because someone there is incompetent and doesn't want to admit that he either a) didn't thoroughly read what was in the file or b) made a mistake?

I'm angry and tired and disheartened. I'm going to go crawl in bed and not sleep. And then stew some more about this tomorrow.

[Darnell 8,478]

You are USCitizen, you are allowed into the Embassy. You might have to get an appointment with American Citizen Services, but, you can still get in.

I strongly suggest you go and talk with the Vice-Consul in charge of the IV Unit.

[MeredythB 38]

I am definitely going to make an appointment to speak with the Vice Consul but am undecided as to a timeline. A family member has already offered to co-sponsor us. He has no children, has never lived anywhere but the US, and makes more than enough to cover Hubs. You almost don't want to make too much of a fuss, since the consulate holds all the cards, you know? I don't want to mess us up because I'm being a stubborn cow.

[Penguin_ie 5,994]

Your domicile is fine, I think the CO had an issue with the combination of your job being recent, and not documented by a tax filing, no job for a lengthy time before that, and it being a family business- he may have thought the letter of employment/ job is only a "front" allowed to you by your family to bring your husband over, and not a real long term job. I agree making an appointment is a good idea and following Darnell's other advice.

[MeredythB 38]

Your domicile is fine, I think the CO had an issue with the combination of your job being recent, and not documented by a tax filing, no job for a lengthy time before that, and it being a family business- he may have thought the letter of employment/ job is only a "front" allowed to you by your family to bring your husband over, and not a real long term job. I agree making an appointment is a good idea and following Darnell's other advice.

You know, that might even make me angrier. So I'm to be punished for almost losing the baby, getting put on restricted activity, and then taking a year off to care for a preemie with several of the accompanying health issues? That seems reasonable. And naturally, my job is fraudulent. Since everyone knows that the housing market is booming so big that any small construction company could afford to blow 36k a year on pointless personnel.

As I said before, we've already had an offer for a co-sponsor. I just want this all to be over. But you can bet your sweet bippy that I'll be making an appointment to speak to someone.

[palomino 3]

Oh No! Im so sorry to hear that Meredyth! What is the point of setting criteria if when you meet them they can then refuse your visa on a whim?? Its so scary (and infuriating) to think that they won't even engage with you to tell you why they think you do not qualify so that you can correct them!! Can't understand it at all.

[MeredythB 38]

Oh No! Im so sorry to hear that Meredyth! What is the point of setting criteria if when you meet them they can then refuse your visa on a whim?? Its so scary (and infuriating) to think that they won't even engage with you to tell you why they think you do not qualify so that you can correct them!! Can't understand it at all.

The inability to explain what the problem was is my biggest issue. If we're not meeting expectations, fine, we'll deal with that. But please be able to explain where the problem lies. All I was looking for was some clarification. You should be able to give specific information as to why an issue has risen.

Oh, and you should also not smirk and say "Have a nice day!" to me as I'm leaving. Clearly, I'm not having a good day, you tool.