Visa Denied

[TucsonBill 0]

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.

Opinions vary.

Where I'm from, legal vs illegal immigration is a hot topic. Granted, my 'visa journey' has been pretty smooth dispite all the problems I had with the "USCIS disinformation line", but I've seen enough people here get screwed by unexplained, unnecessary dealys along the way to know that the process for those seeking to immigrate legally could be improved considerably.

What happened to the OP is like getting pulled over by a cop for speeding when you are driving 25 mph in a 25 mph zone. The cop doesn't deny you were only doing 25, but gives you the ticket anyway. A moment later, someone else comes charging down the road at 70mph and and the cop just smiles and waves...

Bill

[Caladan 19]

Hoo boy. Sorry to hear of the setback. As I understand it, the I-134 varies by consulate regarding whether they want 100% or 125%, and it's just their way to gauge whether you have a chance of successfully adjusting status.

I think your best bet here is going to be to try to convince someone Mandi knows to co-sponsor. A couple questions for you:

1) It wasn't clear from your original post whether Mandi makes 100% now or 125%. If she makes 125% (and she's had this job a while), when she files her 2006 return, she'll be above the poverty line and you won't have a problem adjusting ceteris paribus. Taxes aren't due till April, but she can file as soon as she has her W-2 (prolly mid-January.)

If that's the case, you two are in a similar position as me. My 2006 return is fine, but my 2005 return is $499 bucks short. Here's what I'm doing.

- My parents won't co-sponsor for the I-864, but after I explained at length and ad nauseam what the I-134 was, they agreed to sponsor for the fiancé visa. Mandi may have to sit her potential sponsor down and explain it carefully, as my parents' initial reaction was 'Absolutely not the Canadian government doesn't need to have the rights to take my house.' (For fun, count what's wrong there.) Maybe someone through her church if her family doesn't want to? It's not a statuatory requirement, just an administrative one, so it's not legally binding.

- I received a nice letter from my employer that explains what I make, how long I've been there, and the like.

- Does Mandi have any kind of savings? If she's meeting 100%, she can make up the difference with assets (assets count a fifth as much, so if she's $1000 short, she'd need $5000.) You can get the bank to document that.

Since they asked for a co-sponsor, though, best to get line up one.

[Ryan+Mandi 0]

Hey guys, thanks for the encouraging responses. To Gupt, why don't you enroll yourself in the Institute for the mentally and physically challenged. Think you need some advice over there. You are a perfect example for a f**cked up #######. Just stfu. Thank you .

To the rest of the people, yes according to travel.state.gov she meets the 100% poverty line but not 125%. It's the type of job and I made sure I had that covered. On monday I'm going to try to call up the embassy and see what they said, they basically denied me even though according to US law they denied my request for a visa. I feel so disgusted. I'm trying hard to find a co sponsor but no one wants to do it because of legal obligations which isn't the case because in many law firms it does mentions that it is indeed not a legally binding document. Just to clarify a few things:

1) Mandi does make 100% of the poverty line, not 125%. She will however in a different job which she'll be getting.

2) Only reason I submitted tax returns was because the embassy asked for it. I told them it's not what her current job requirement is.

3) I'm trying to find a co sponsor as I'm more determined now than anything else.

Ryan

[rebeccajo 14]

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

What law, Bill? There is no 'law' that governs what documents USCIS must use to determine sponsorship of a visa. The I-134 is a tool provided by consulates to use if they choose. The mandate of 100% of the poverty guideline itself is subjective.

Oh, Ryan, if they told you to come back with a co-sponsor you weren't denied. And you're language is uncalled for. Try rising above it for a change, hmm?

Edited December 17, 2006 by rebeccajo

[Ryan+Mandi 0]

Rebecca,

INS act, which is the immigration and nationality act I believe. I myself went to that website long before I submitted all this documentary information.

Well yeah I know. I just need a co sponsor and I believe they'll issue the visa, I just need someone who has a heart .

[rebeccajo 14]

Rebecca,

INS act, which is the immigration and nationality act I believe. I myself went to that website long before I submitted all this documentary information.

Well yeah I know. I just need a co sponsor and I believe they'll issue the visa, I just need someone who has a heart .

Congratulations for passing the bar Ryan. The INS no longer exists.

[Ryan+Mandi 0]

Rebecca, that guy really pissed me off. I agree with what you said but trying to add more salt to the wound wouldn't help my case. I came here for help, not for his arrogance.

[rebeccajo 14]

Rebecca, that guy really pissed me off. I agree with what you said but trying to add more salt to the wound wouldn't help my case. I came here for help, not for his arrogance.

True. So rise above it. I was the first one to answer in your thread and I could have given you a brand-new black eye for coming on here and trying to solicit for a sponsor. People have tried to help you - don't push your luck.

[Ryan+Mandi 0]

Rebecca,

INS act, which is the immigration and nationality act I believe. I myself went to that website long before I submitted all this documentary information.

Well yeah I know. I just need a co sponsor and I believe they'll issue the visa, I just need someone who has a heart .

Congratulations for passing the bar Ryan. The INS no longer exists.

Not the INS, the INA [immigration and Nationality Act]. If it doesn't exist, they sure did judge me on the 'more documents' form. They gave a section of which I was judge, Section 221 (g).

[Ryan+Mandi 0]

Rebecca, that guy really pissed me off. I agree with what you said but trying to add more salt to the wound wouldn't help my case. I came here for help, not for his arrogance.

True. So rise above it. I was the first one to answer in your thread and I could have given you a brand-new black eye for coming on here and trying to solicit for a sponsor. People have tried to help you - don't push your luck.

It is the feeling of desperation, not solicitation in my opinion. WE are so close yet so far. My apologies if I'm doing that and it's been done before here, I hardly visit this site because of my schedule.

[rebeccajo 14]

Not the INS, the INA [immigration and Nationality Act]. If it doesn't exist, they sure did judge me on the 'more documents' form. They gave a section of which I was judge, Section 221 (g).

What are you on about, Ryan? Did they give you a 221(g)? Because if they did that's not a denial and it's also MORE than them wanting you to obtain a co-sponsor.

It is the feeling of desperation, not solicitation in my opinion. WE are so close yet so far. My apologies if I'm doing that and it's been done before here, I hardly visit this site because of my schedule.

Apology accepted BUT if it's been done here before I've not seen it. And I'm on here ALL the time.

[Ryan+Mandi 0]

Yeah they gave me a 221g. I don't believe it is a denial but I guess according to me that's a denial or a delay. All they need is a co sponsor. I don't really want to argue with the embassy as that might screw up my case so I just want to get a co sponsor and we'll take care of the I-864 when I get there.

[rebeccajo 14]

The consulate is well within the bounds of the law to issue a 221(g). So you have not one leg to stand on as far as some 'law' being broken.

What boxes did they tick on the form?

[Mandi+Ryan 1]

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?

First of all Gupt, you are in NO position to deny us. You're probably just jealous becasue you yourself have been denied.

Secondly, I don't think it matters where we were going to START OUT. And FYI, no I do not work at Taco Bell, I'm a CNA (Certified Nursing Assistant...in case you're too dumb to figure that one out).

Thirdly, I don't think YOU have the authority to judge me nor my family. They have their reasons and it's none of your damn business why.

Lastly, my fiancé, Ryan, does not tell me what to do, we have mutual agreements in our relationship...heard of those? I'm sure you don't know what that is either. Is that too big of a word for you? Let me make it easier, WE DECIDE ON THINGS TOGETHER BEFORE DOING IT!

And another thing, when it comes to "posts like this"...from now on, keep on reading, but don't bother posting. The only thing you did for us, is made our will stronger. And it's obvious that NO ONE wants to hear your smart a$$ from here on out.

As for the "clown" (c'mon, you could have AT LEAST used your brain just a lil') you are referring to, I can support myself, and my fiancé. We sure as hell do not need YOUR support.

And NO, I was NOT there on a church-sponsored "fieldtrip". I worked hard for my trip and enjoyed my time in India. Luckily, I didn't meet a$$holes like you. So, go back to your sh!t hole and shut your damn mouth. Have a nice day!

[Ryan+Mandi 0]

No boxes was ticked, they just told me they can't issue a visa according to 221g. They mentioned that I need a joint sponsor. Other than that, nothing else and it is my inclination that the interview went well.