My wife was wrongly denied - what can I do?

[RhettVoe 282]

How does one accumulate $250,000 while earning only 'in the teens' for some number of years? What were those assets? Paper or real money?

Remember, a new job or job offer can be rescinded quickly, and if you don't have a three year earning record, well, the CO may well be within his/her bounds to ask for additional support.

[novedsac 355]

Could have been inheritance or some kind of settlement, or a combination thereof.

Also, seem to recall OP mentioning he was coming out of retirement for this new job ... maybe he has been working and saving for a number of years? 250k isn't a whole lot if accumulating over a 20+ year period.

Assets considered have to be liquid though, don't they? Real estate, bonds, annuities, convertible securities, etc. aren't usually very liquid.

Edited March 26, 2014 by novedsac

[NickD 203]

So much for bringing your poor here and pays to get good advice first before applying with that crazy I-864. Self employed and was pouring most of my gross income back into my business. Perfectly legal, either that or giving a huge hunk of it to the government. So was recommended I also include a financial statement. Augmented with an I-864A from my wife with yet another financial statement from her. Hired a good immigration attorney for advice. Not only this, couldn't make head or tails out of all those forms. Not bad now, but sure was back then.

At our interview, instead of pouring all this money back into my business, would be pouring a good share of it into my wife and stepdaughter. And a good hunk of it into USCIS fees, must be a concern for them.

So everything just went fine for us. These things must be planned in advanced. Couldn't help but make a comment about that poem on the base of the Statue of Liberty about bringing your poor here.

[CIrcle110 10]

What did you show to substantiate your current income?

I showed a letter from my employer and recent pay stubs. He refused to even look at them.

[CIrcle110 10]

How does one accumulate $250,000 while earning only 'in the teens' for some number of years? What were those assets? Paper or real money?

Remember, a new job or job offer can be rescinded quickly, and if you don't have a three year earning record, well, the CO may well be within his/her bounds to ask for additional support.

That's a rather odd question; there are dozens of ways to accomplish that. In my case I was a successful Systems Analyst and software developer in the 90s and 00s and decided to take an early temporary retirement to live in Mexico for five years. Living in Mexico only requires 'in the teens' to live comfortably so that's all the consulting work I did during those years, making a couple trips back to the US to do projects.

Assets are mix of stocks, bond funds and cash like most portfolios. But the CO doesn't know that because he refused to even look at my account statements.

Edited March 26, 2014 by CIrcle110

[slowlyman 118]

Ok, I'm a bit dim at times, but I'm confused. the OP stated his wife is denied residency and her tourist visa is canceled.

How did they get to this point. Did the OP file a I-130, waited through the whole process, got to the interview and was denied?

If they are applying for a Marriage Visa, why does she have a tourist Visa?

If she was approved for a tourist visa why would that get denied based on the financials of the husband's I-864

[JTB11 1,079]

Thanks JTB, I get what you are saying.

It's just all rather bizarre. We've been married for 5 years so it's not like I'm taking her there to start our life together; we are moving because I got offered an excellent job that was financially enticing enough to bring me out of "retirement". Ironic.

I know...it is frustrating and does not make any sense but what can you do...the only thing is to comply or fight a battle with them and possibly spend more time on it...I don't know....just feels like sometimes it is best to say screw this...here is all the papers you want, now let me get home and start my job and be with me wife so I don't have to ever think about this again.

[Darnell 8,479]

They denied her for financial reasons. The jerk only looked at my 2013 taxes and that year I earned plenty enough for life in Mexico (where we lived until late last year), but it was just below the 125% of the US poverty level, which they require. I wasn't at all worried about my 2012 income because I now have a job earning over $50,000 per year. Plus, you can qualify simply by showing assets and I have several times the amount of assets required to qualify but the jerk refused to even look at my assets. I have $250,000 in just one investment account alone. Insane

ok - I-864 triage.

current annual income for 2014 above the line - check !

2013 tax data - below the line - fail.

2012 tax data - below the line - fail

assets not reviewed at all - fail

prior year tax data from income not in the USA - fail

So with that, you can attempt to have your I-864 data re-reviewed and your assets and current annual income used (solely) for the bar, via talking to a Vice Consul at the Consulate. Unsure if it will have any bearing, this meeting, but if you can convince the Vice-Consul to re-review based on these 2 data points (current annual income and assets) then you have some hope.

Otherwise, get a co-sponser...

[CIrcle110 10]

I know...it is frustrating and does not make any sense but what can you do...the only thing is to comply or fight a battle with them and possibly spend more time on it...I don't know....just feels like sometimes it is best to say screw this...here is all the papers you want, now let me get home and start my job and be with me wife so I don't have to ever think about this again.

Good point. Actually, we have found a possible joint sponsor. If that comes through then we'll do just as you say - give them what they want.

I'm going to make one last trip to the consulate this morning to see if I can get someone to at least look at my assets and explain why I don't qualify. I printed out the requirements for I-864 qualification by assets from the State Department website. Don't know if that will help but I'll give it a shot.

[CIrcle110 10]

Ok, I'm a bit dim at times, but I'm confused. the OP stated his wife is denied residency and her tourist visa is canceled.

How did they get to this point. Did the OP file a I-130, waited through the whole process, got to the interview and was denied?

If they are applying for a Marriage Visa, why does she have a tourist Visa?

If she was approved for a tourist visa why would that get denied based on the financials of the husband's I-864

That is how they do it. If the family member has a current HB-2 tourist visa then it is automatically cancelled if the petition for residency is denied. I assume it is because some people, in frustration of being denied, would just enter on the tourist visa and stay.

Yes, I filed an I-130 as a Direct Consular Filing, which only takes a matter of weeks before they allow you to schedule an interview, so not too much waiting. She was denied at the interview.

She already had the tourist visa from several years ago.

[CIrcle110 10]

ok - I-864 triage.

current annual income for 2014 above the line - check !

2013 tax data - below the line - fail.

2012 tax data - below the line - fail

assets not reviewed at all - fail

prior year tax data from income not in the USA - fail

So with that, you can attempt to have your I-864 data re-reviewed and your assets and current annual income used (solely) for the bar, via talking to a Vice Consul at the Consulate. Unsure if it will have any bearing, this meeting, but if you can convince the Vice-Consul to re-review based on these 2 data points (current annual income and assets) then you have some hope.

Otherwise, get a co-sponser...

Yup. I'm going to make one last attempt today to talk to someone about the assets. If that fails, then we have no other recourse than to find a joint sponsor. There is an appeal process to the White House, but that would probably take forever. Much faster to get a joint sponsor - we may have found one already.

[mtlguy 59]

That seems odd.

The I-864 instructions clearly say that assets (yours or the beneficiary's) can be used to supplement the income.

Maybe the CO was having a bad day, but under no circumstance had the right to refuse considering your assets. It's in there. in the instructions.

I guess my wife and I will be in the same situation sometimes in the future. She moved back to the States and got a job which pays her enough to satisfy the poverty line limit. But her 2012 & 2011 tax returns are definitely not in the range they're asking for.

We're planning on using my assets in case they need to crunch the numbers.

[CIrcle110 10]

That seems odd.

The I-864 instructions clearly say that assets (yours or the beneficiary's) can be used to supplement the income.

Maybe the CO was having a bad day, but under no circumstance had the right to refuse considering your assets. It's in there. in the instructions.

I guess my wife and I will be in the same situation sometimes in the future. She moved back to the States and got a job which pays her enough to satisfy the poverty line limit. But her 2012 & 2011 tax returns are definitely not in the range they're asking for.

We're planning on using my assets in case they need to crunch the numbers.

I agree that it is odd. I read the instructions on both the I-864 pdf and on the State Department website and they both say very specifically what assets you can use and the formula to calculate how much you need. We pass with flying colors, but....

Based on our experience, you may want to consider a joint sponsor if you can just to hedge your bets.

[Darnell 8,479]

sorry, different situation with mtlguy -

the beneficiary's assets MIGHT be considered if:

1. amount is 5 times the poverty guidelines amount and

2. is already in a USA bank in USA currency

[slowlyman 118]

That is how they do it. If the family member has a current HB-2 tourist visa then it is automatically cancelled if the petition for residency is denied. I assume it is because some people, in frustration of being denied, would just enter on the tourist visa and stay.

Yes, I filed an I-130 as a Direct Consular Filing, which only takes a matter of weeks before they allow you to schedule an interview, so not too much waiting. She was denied at the interview.

She already had the tourist visa from several years ago.

Aah, makes sense now.