refusal notice . I'm not happy

[micahmoos 5]

Hi my fiance had his interview this morning and. First off I have to say that I’m very disappointed because they gave him a paper saying I don’t qualify because I don’t make enough. I do make enough. He said you they only took the affidavit and my tax transcripts and did not take none of my financial documents or anything such as paystubs and job letters from my job which shows I gotten a raise and everything that shows that I make enough. Yes it does not state it on the tax transcripts because if I gotten a raise in 2013 it is not going to say I make that from both of my jobs. I have worked two jobs and worked very hard to meet the income guidelines just for them to say I don’t . I worked had just so I would meet the financial part of this and for them to say that I don’t qualify that is a big blow to the head when I know I make enough. And for the fact that they did not look at paystubs and asked us to bring these items. Is there something i can do. They said i need a sponsor but i don't have one. Can i marry him there then file for one him to come.

[del-2-5-2014 1,339]

Hi my fiance had his interview this morning and. First off I have to say that I’m very disappointed because they gave him a paper saying I don’t qualify because I don’t make enough. I do make enough. He said you they only took the affidavit and my tax transcripts and did not take none of my financial documents or anything such as paystubs and job letters from my job which shows I gotten a raise and everything that shows that I make enough. Yes it does not state it on the tax transcripts because if I gotten a raise in 2013 it is not going to say I make that from both of my jobs. I have worked two jobs and worked very hard to meet the income guidelines just for them to say I don’t . I worked had just so I would meet the financial part of this and for them to say that I don’t qualify that is a big blow to the head when I know I make enough. And for the fact that they did not look at paystubs and asked us to bring these items. Is there something i can do. They said i need a sponsor but i don't have one. Can i marry him there then file for one him to come.

If it were me and you are sure that you meet the requirements as you stated I would be sending emails to the embassy. Perhaps a phone call.

I would also be already on a first name basis with the office of my Congressperson/Senator.

The seems like a smallish mountain to overcome so give it your best shot.

[Pinkrlion 2,713]

I am so sorry to hear this.

Our embassy looks at last year's income. I know that others informed you they are not supposed to, but they do. If your income for 2012 does not meet, then you need a co-sponsor.

Did you have everything bundled together with a cover sheet, or did you have things separated. We just handed over the entire packet to the person. They did not return anything. the only thing they did not accept was pictures.

You can marry him, if you choose and then your 2013 income will count as you will have that tax transcript.

You are not refused, if they are requesting a co-sponsor....I would try finding someone, they are not going to be responsible when you file AOS. Your 2013 income will be sufficient for AOS, so you will not need a co-sponsor.

Edited December 2, 2013 by Pinkrlion

[KTichUsZim 3]

I certainly would see about an appeal to this finding, how Did you even get to the interview part with out filing an I-130? Didnt they see this before scheduling the interview? that would be my first question. Utter rubbish!

[Pinkrlion 2,713]

I certainly would see about an appeal to this finding, how Did you even get to the interview part with out filing an I-130? Didnt they see this before scheduling the interview? that would be my first question. Utter rubbish!

They are not married, it is a fiance K-1 visa.

[micahmoos 5]

I am so sorry to hear this.

Our embassy looks at last year's income. I know that others informed you they are not supposed to, but they do. If your income for 2012 does not meet, then you need a co-sponsor.

Did you have everything bundled together with a cover sheet, or did you have things separated. We just handed over the entire packet to the person. They did not return anything. the only thing they did not accept was pictures.

You can marry him, if you choose and then your 2013 income will count as you will have that tax transcript.

You are not refused, if they are requesting a co-sponsor....I would try finding someone, they are not going to be responsible when you file AOS. Your 2013 income will be sufficient for AOS, so you will not need a co-sponsor.

I did everything i was supposed to i even worked 2 jobs and barely see my daughter.everything was organized. I have no co sopnsor

[Pinkrlion 2,713]

You can do what others suggested and e-mail the embassy and let them know that your verification of income such as employment letter, and payroll stubs were not collected at interview, and how can they make an informed decision on income without these important documents.

Hope this helps....

Edited December 2, 2013 by Pinkrlion

[florida4life 29]

Wow I am sorry to hear that. Try and find a co-sponsor that can show last year 2012 tax return. If you go and marry him then you will have to start all over again. Did they give your husband a form 221g did they say you can bring info back you is almost at home plate dont go rush to start over again. Ask a close family or friend a good co-worker.

[lela357 0]

same thing happen to us... we were approved pending a co sponsor... I make enough too.. its so frustrating.. we have been waiting 90 plus days.. hang in there.. ask a friend a parent?!

[micahmoos 5]

I am so sorry to hear this.

Our embassy looks at last year's income. I know that others informed you they are not supposed to, but they do. If your income for 2012 does not meet, then you need a co-sponsor.

Did you have everything bundled together with a cover sheet, or did you have things separated. We just handed over the entire packet to the person. They did not return anything. the only thing they did not accept was pictures.

You can marry him, if you choose and then your 2013 income will count as you will have that tax transcript.

You are not refused, if they are requesting a co-sponsor....I would try finding someone, they are not going to be responsible when you file AOS. Your 2013 income will be sufficient for AOS, so you will not need a co-sponsor.

I thought that if i get a co sponser i have to file with them when i do the adjustment of status.

[SparklePony 238]

Not necessarily. Right now, a co-sponsor will have to fill out an I-134 Form and provide supporting documents (like you did) plus evidence of citizenship/LPR status. The I-134 isn't even legally binding, so it's really no risk for the co-sponsor. Then, once you file for AOS, you can use your own tax/income info.

[Extreme happiness 9]

So sorry to hear...you know what you should have done...you should have placed the job letter and pay stubs along with the affidavit of support because they look over these documents before the actual interview and this is the reason why they collect them prior to calling you up for the interview....so as far as they saw you didn't make enough...If I were you I would scan my pay stubs and job letter into my computer then e-mail the embassy with the attachments and explain the situation to them...asking them to please review the case....when you e-mail them please be sure to put your fiance name and case number in your e-mail....don't wait...act now....and I wish you all the best.

[baron555 934]

Hi my fiance had his interview this morning and. First off I have to say that I’m very disappointed because they gave him a paper saying I don’t qualify because I don’t make enough. I do make enough. He said you they only took the affidavit and my tax transcripts and did not take none of my financial documents or anything such as paystubs and job letters from my job which shows I gotten a raise and everything that shows that I make enough. Yes it does not state it on the tax transcripts because if I gotten a raise in 2013 it is not going to say I make that from both of my jobs. I have worked two jobs and worked very hard to meet the income guidelines just for them to say I don’t . I worked had just so I would meet the financial part of this and for them to say that I don’t qualify that is a big blow to the head when I know I make enough. And for the fact that they did not look at paystubs and asked us to bring these items. Is there something i can do. They said i need a sponsor but i don't have one. Can i marry him there then file for one him to come.

Email the Embassy and include the documentation again.

[KTichUsZim 3]

You can't appeal such a ridiculous outcome, my understanding of a Fiancee Visa and I'm no expert, but dont you need to show proof of work history before Your even at the interview stage?

I hope if nothing else your able to get a co sponser, and move on with your happiness.

Good luck!

[RhettVoe 282]

What an amazing array of experts! If the CO asked for something, you are far better off complying with their request instead of trying to figure out how it is you know more than they do about the requirements for certain classifications of visas. There are regulations that must be followed...a CO is not going to jeopardize his/her career by shortcutting the requirements. There is no profit for that CO for doing such a thing....income tax forms are the strongest evidence of income...letters from employers can be written in an instant. The COs are not there to do bookkeeping on your behalf and try to add up pay stubs, subtract taxes and deductions, etc. BTW, any refusal, even under 221g, is reviewed by a senior CO, and since that individual did not override his or her subordinate's decision, what does that suggest? (I know...we will hear from even more 'experts' on visa laws in a moment)...I would just do as they asked....it's much simpler.