Visa Denied

[Ryan+Mandi 0]

Hey guys,

Well I guess it wasn't really a denial, just need more documents but then that can be considered a denial. I had my interview on the 12th at the US embassy in new delhi. Everything went well, the questions they asked was like where did you guys meet, why did you decide to meet, where does she work, and things like when did I visit the US.

Now to my denial. According to travel.state.gov Mandi, my fiancée, meets 100% of the poverty guidelines which is what is required on the I-134. However, on her tax returns it was on a different job where she was earning less. I don't know how they judged it. Whether they judged it by her letter from her employer and pay stubs or from the income tax returns I don't know, but they said we needed a joint sponsor. Really disappointed me and I was so sure we were going to get it. She's just as heart broken and we can't be together for Christmas.

Now to my questions:

1) She's getting another job which covers the 125% on the I-864. Can she resubmit her financial docs again or does it need to be a joint sponsor?

2) How do they judge if you meet the income requirements or not?

3) Does anyone here who is nice enough to help sign the papers ? Hehe. Apparently, no one in her family wants to sign it and we're getting kind of desperate here.

Thanks,

Ryan

[rebeccajo 14]

Ryan, whether or not Mandi's new job will satisfy the CO is a question best asked of other members who have passed through the Indian consulate.

It is my opinion that if such an effort is to be successful, it needs to be well-documented. A new job, all of a sudden, could be viewed at best as either extreme good luck or at worst fraudulent.

I suggest that Mandi send to you any and all paperwork that proves the new position, such as copies of any benefit information she is given. The standard drill of employment letter and a pay stub or two may not be sufficient.

A letter from her explaining her personal financial situation and the typical path of someone in her profession might also be in order.

Edited December 16, 2006 by rebeccajo

[gupt0014 0]

Hey guys,

Well I guess it wasn't really a denial, just need more documents but then that can be considered a denial. I had my interview on the 12th at the US embassy in new delhi. Everything went well, the questions they asked was like where did you guys meet, why did you decide to meet, where does she work, and things like when did I visit the US.

Now to my denial. According to travel.state.gov Mandi, my fiancée, meets 100% of the poverty guidelines which is what is required on the I-134. However, on her tax returns it was on a different job where she was earning less. I don't know how they judged it. Whether they judged it by her letter from her employer and pay stubs or from the income tax returns I don't know, but they said we needed a joint sponsor. Really disappointed me and I was so sure we were going to get it. She's just as heart broken and we can't be together for Christmas.

Now to my questions:

1) She's getting another job which covers the 125% on the I-864. Can she resubmit her financial docs again or does it need to be a joint sponsor?

2) How do they judge if you meet the income requirements or not?

3) Does anyone here who is nice enough to help sign the papers ? Hehe. Apparently, no one in her family wants to sign it and we're getting kind of desperate here.

Thanks,

Ryan

I would have denied you too…

Give me a break…she cannot even meet the poverty guideline??? Where were you both planning to live….in her parents’ basement? Does she work at Taco Bell?

Of course no one in her family is going to co-sponsor. I’m sure they are not even comfortable with the way things have progressed so far.

my thoughts to you…move on with your life. Tell Mandi to go back to school and get an education. The same goes for you. It really annoys me when I read posts like this…You’ve got some clown in the US who cannot even support themselves….let alone someone else.

Good luck, man…sounds like you’re gonna need it. As far as this case is concerned, you are ######!

BTW, was she there on some church sponsored fieldtrip?

Edited December 16, 2006 by gupt0014

[chri'stina 190]

Souljah,

Let me give you a little encouragement after the previous post.

I needed a co-sponsor to bring Sujeet over here, but my parents agreed to it. My father had come with me to India to meet Sujeet and so he knew him, and had no issue being a co-sponsor. Ask Mandi to keep asking relatives if they will do it. If no one can, the process may be delayed until a co-sponsor agrees or Mandi can provide documentation to show that while she may not have met the requirements every year for the past 3 years, she is currently meeting them.

At the time of Sujeet's visa interview, I had been looking for a new job, did not meet the poverty requirements, and was living with my parents. I was 23 at that time, newly out of college. That does not mean I was a clown or whatever that gupt0014 implied about Mandi. That was just plain rude, gupt0014. We lived with my parents for a few months after marriage, until my husband could also work and now he makes a very nice salary.

You may want to contact VipulandJamie, as she had a similar situation with not all of her past returns meeting the income requirement, but she supplied lots and lots of documentation about why.

Even though it's still very hard, I almost think it's better for it to be a financial delay than for them to question the validity of your relationship.

gupt0014, why does it matter if she was there on a church trip or not? Geez. They are both Christians and what's the problem? Seems like you have some other kind of issue with Souljah than just his post.

Edited December 16, 2006 by stina&suj

[Ladylethal 12]

Gupt, if you have nothing good to say, just stay shut, really. What does it matter that she doesn't meet the requirements as of yet? Can't a person be fresh out of college? Everyone must have a perfect job that pays millions? Being rich is a requirement to marry someone you love from another country? Your post was unnecessarily offensive.

To the OP. If you're telling us that she was already above the 125% poverty guideline but that just didn't show in the tax return, even with the new job, she'll still be using the tax return already questioned. My guess is you'll need to find a co-sponsor, it can even be a friend, doesn't have to be necessarily a family member.

[rebeccajo 14]

The tax return isn't a requirement of the I-134 unless one is self-employed. The document is used to provide the consular official with evidence of financial stability, and that's what will be lacking here with a new job.

[chri'stina 190]

The tax return isn't a requirement of the I-134 unless one is self-employed. The document is used to provide the consular official with evidence of financial stability, and that's what will be lacking here with a new job.

In India, at least when we went through New Delhi, they required the past 3 years of tax returns from us, even though we used the I-134 and I wasn't self-employed. So in India they may always require it.

[rebeccajo 14]

The tax return isn't a requirement of the I-134 unless one is self-employed. The document is used to provide the consular official with evidence of financial stability, and that's what will be lacking here with a new job.

In India, at least when we went through New Delhi, they required the past 3 years of tax returns from us, even though we used the I-134 and I wasn't self-employed. So in India they may always require it.

OK stina I'll defer to you on that - you went through the consulate after all.

[Ladylethal 12]

Even if USCIS says it's not a requirement, some embassies will actually require it and even ask for it if you haven't gotten one. In Brasil I know for sure they'll want to see the tax return and W2. Always.

[rebeccajo 14]

Even if USCIS says it's not a requirement, some embassies will actually require it and even ask for it if you haven't gotten one. In Brasil I know for sure they'll want to see the tax return and W2. Always.

You're exactly right Laura. Each consulate is very different.

I made my statement for the benefit of those reading for knowledge. The I-134 itself does not require the production of a tax return.

But part of knowledge is discerning what's appropriate for your particular situation. My understanding is that the Russian consulate doesn't even use the I-134. Go figure.

[Ladylethal 12]

And don't we all wish the requirements were the same all over? It's true that the form doesn't ask for the tax return though.

[TucsonBill 0]

I'm wondering of the consulate even asked for tax returns... This could be a case where giving them too much information, and information they did not ask for, caused this problem. I think I would protest this decision, I found this QUOTE:

"Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the need for the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA" END QUOTE

http://travel.state.gov/visa/immigrants/info/info_1328.html

I think I might rush off an email to the Embassy, or try to speak to a supervisor -or something- call a congressman?

Bill

Edited December 17, 2006 by TucsonBill

[kitkat1 5]

My understanding is that the Russian consulate doesn't even use the I-134. Go figure.

Neither does Mexico - strange but true. And they don't ask for tax returns and W2s in their instructions but most people end of submitting them as well.

[TucsonBill 0]

Try calling the NVC and see what they say. It appears that the consulate did not follow the law on this matter.

I think its a damn shame that congress wants to grant citizenship to the millions of illegal immgrants that are here now, (more comming every day), but when one tries to follow the rules, and do it legally, they wind up getting turned away because some idiot at the consulate does not know what the law even is.

Bill

[kitkat1 5]

I think its a damn shame that congress wants to grant citizenship to the millions of illegal immgrants that are here now

There is nothing in the current proposal for immigration reform that "grants citizenship" to undocumented immigrants. There is discussion about providing a path to legalization (and therefore an option for citizenship down the road) for undocumented immigrants who meet certain requirements.

This is completely unrelated to incompetence or errors made at the consulate level.