My wife was wrongly denied - what can I do?

[mtlguy 59]

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

Not true.

1 . it should be 3 times the "difference" between the petitioner's income and the poverty guideline. if you're married, it's 3 times, not 5 times.

2. they're nothing I found to what you suggest about the assets must be in a USA bank account. If I'm liquidating my real estate, I will be doing that

after I'm issued the visa. definitely not before.

[CIrcle110 10]

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

Here's what it says on the State Department website FAQ:

Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property?

Yes, under the following conditions:

• The assets must be convertible to cash within 12 months
• The applicant must show that the assets can be removed from the country where they are located. Many countries have limits on cash or liquid assets that can removed from the country
• The net value of assets is at least five times the difference between the sponsor's income and 125 percent of the poverty guideline for the household size.

So, mtguy, you may want to investigate a little more you apply to make sure you'll be OK.

Even though my assets are all in the US, completely liquid and in US dollars they still didn't want to hear about it. I also own a home in Mexico but I didn't even bother with listing that.

[Darnell 8,479]

ya, petitioner asset rules are a bit different

[CIrcle110 10]

Not true.

1 . it should be 3 times the "difference" between the petitioner's income and the poverty guideline. if you're married, it's 3 times, not 5 times.

2. they're nothing I found to what you suggest about the assets must be in a USA bank account. If I'm liquidating my real estate, I will be doing that

after I'm issued the visa. definitely not before.

Yes, that is what I read also in each of the publications.

#1 really frustrates me. The difference between my average earnings in each of the last 3 years and the 125% of FPG for a household of 2 is only $1,500 per year. So, 3 x $1,500 makes $4,500. I should only need to show $4,500 in assets to qualify. Even if they used the multiplier of 5, I'd still only need $7,500. Or even if they used my income as zero and used the multiplier of 5, I still meet it easily.

Yet they wouldn't even look at the assets. At least in Mexico, they apparently only care about your recent 1040s and nothing else.

I suggest really checking out how the consulate in your country handles it. I foolishly assumed that they went by the book here.

[Darnell 8,479]

Not true.

1 . it should be 3 times the "difference" between the petitioner's income and the poverty guideline. if you're married, it's 3 times, not 5 times.

2. they're nothing I found to what you suggest about the assets must be in a USA bank account. If I'm liquidating my real estate, I will be doing that

after I'm issued the visa. definitely not before.

it is 5 times using the beneficiary's assets.

or 3 times using the petitioner's assets.

as to the rest, there's a great chance i'm wrong, it's been a while..

Edited March 26, 2014 by Darnell

[jons_wifey 22]

Did you just submit 2012 and 2013? I believe the NVC website asks for 3 years. I don't know why, because if you were making more in 2011 than 2013, that doesn't really help now (in the eyes of the person reviewing the forms, I'm assuming).

Anyway, can you get a letter from your new employer verifying your income? I would re-submit the last 3 years along with the employment letter and see if that's enough. If not, then you'll need to get a joint sponsor.

actually have you taken a look on the I-864 form, part 6, 13???

[Boiler 46,144]

Unless things have changed significantly recently:

Current income is the income that counts.

Past tax years are not for income purposes, just to show that you have filed.

I know Consulates have a great deal of latitude with Fiancees, but not with Spouses.

Consulates get it wrong, you have to decide if it is worth arguing or doing whatever they want.

(I had an Electrical Inspection, the regulations were clear, the Electrician warned me that the inspector might be a #######, he was, we did what he wanted even though he had no right to require it, it was easier)

[dwheels76 5,469]

Unless things have changed significantly recently:

Current income is the income that counts.

Past tax years are not for income purposes, just to show that you have filed.

I know Consulates have a great deal of latitude with Fiancees, but not with Spouses.

Consulates get it wrong, you have to decide if it is worth arguing or doing whatever they want.

(I had an Electrical Inspection, the regulations were clear, the Electrician warned me that the inspector might be a #######, he was, we did what he wanted even though he had no right to require it, it was easier)

They have alot of latitude with spouses. Depends on consulates depends on country, depends on mood of CO. past income is to show stability and your job history. If you spotty history and this year good that year no.

Because they didn't bother to see his assets was the thing so he needs to show that. I know many here who were asked to get a co-sponsor at varies embassy because last years income didn't meet the grade. Current doesn't mean a whole lot since he just started 3 months ago.

[Harpa Timsah 13,258]

The issue as I see it is that you are doing DCF, so your I-864 is not being vetted by the NVC. It is instead being vetted by the consulate, which must do a lot less of this than the NVC employees. The consul is not following instructions, it seems, and is using their discretion. Now, even if the NVC says okay with the I-864, the consul still has discretion on the matter, so this situation isn't entirely abnormal, but I think having an approved NVC version would go a long way.

But, I am sure you don't want to start over, so the only option is to do what they want or try to go above them with the ombudsman or whoever. How much time do you ant to waste fighting with them?

[Boiler 46,144]

DCF is what screwed you, look up the concept of Consulate no reviewability.

They have alot of latitude with spouses. Depends on consulates depends on country, depends on mood of CO. past income is to show stability and your job history. If you spotty history and this year good that year no.

Because they didn't bother to see his assets was the thing so he needs to show that. I know many here who were asked to get a co-sponsor at varies embassy because last years income didn't meet the grade. Current doesn't mean a whole lot since he just started 3 months ago.

It is the DCF aspect, a small percentage of Spouse visa's.

[christeen 966]

Not true.

1 . it should be 3 times the "difference" between the petitioner's income and the poverty guideline. if you're married, it's 3 times, not 5 times.

2. they're nothing I found to what you suggest about the assets must be in a USA bank account. If I'm liquidating my real estate, I will be doing that

after I'm issued the visa. definitely not before.

Might double check on this as we were required to show assets is a USA bank account, they normally do not trust what foreign banks show... What SHOULD happen and what ACTUALLY happens are in many cases different things entirely..

[mtlguy 59]

Might double check on this as we were required to show assets is a USA bank account, they normally do not trust what foreign banks show... What SHOULD happen and what ACTUALLY happens are in many cases different things entirely..

We're just north of the border here. Some banks here in Canada have branches in the US and vice versa.

Worst case scenario, they deny us the visa, and we stay here in Canada. can't go wrong with that either. eh ?

[CIrcle110 10]

Since it looks like we have found a joint sponsor, we are going to go that route instead of fighting it. The same CO handles the case from start to finish and If we keep making him mad by fighting him, he may decide to make our life difficult. Well, he already has made it difficult but he could make it worse, I'm sure.

We'll resubmit the I-864 with the joint sponsor info and all documents as soon as possible and hope that they review it ASAP. We talked to some people at our hotel who had a similar problem of needing a joint sponsor and they said it took them 6-8 weeks to complete it after resubmission.

Again, I really want to thank you all for your input. I'll update this thread as things transpire.

[Boiler 46,144]

I think you have done the right thing, however annoying it is.

[christeen 966]

I second the thought that the joint sponsor is the path of least resistance... Although the consulate got it wrong I believe, sometimes proving them wrong causes more issues than complying.. Good luck with your new life...