i130 : if I get rejected, can I apply again?

[SCOREAU 36]

8 hours ago, carmel34 said:

If your fear is that the visa application ends if you are denied at the interview, it does not die with a spousal visa like with a K-1 denial.  If the reason for rejection is financial, you will be given the opportunity to submit more documents, get a co-sponsor, your spouse may have to move to the US and get a job that earns enough to satisfy them, whatever they ask you provide.  So if you really want to get approved after a denial you should be able to if you want it badly enough.  Then you'll have a decision to make whether or not to go because of your wife's outstanding debt in the US.

Thank you. Yes, I don't want to close the door on it, so having the extra option of her and my daughter moving there and my still having an avenue to get there by her establishing over there ( with my help from here ) gives me/us hope. I have to have a plan. I appreciate it.

[DTM-USA 77]

6 hours ago, SCOREAU said:

I am st the medical/final interview stage

Very good! I have a question. Tks for the attention. At the NVC stage, they did not ask you about these financial docs? They sent you direct for consulate interview? At the NVC you only made the DS visa procedure? Tks again!!!

[milimelo 4,586]

If requirements are not met you’ll get a 221g to provide documentation to consular’s satisfaction. They’ll hold onto your case for a year if you keep in touch with them. Not sure at what point case is considered abandoned- no contact over 1-2 years? 

[*Snowdrop* 604]

The UK consulate seems to be far more comfortable with beneficiaries self-sponsoring using assets than other consulates. So you should be okay with that. If you do a search you will find many UK members on here who have done that and might be able to give you more advice. 

 

But if that's your only concern for denial don't get too stressed. You'll have options for fixing it before a denial, including the back-up plan of finding co-sponsor / or your wife going back and establishing a job above the required income level. 

 

 

[SCOREAU 36]

1 hour ago, Trellick said:

The UK consulate seems to be far more comfortable with beneficiaries self-sponsoring using assets than other consulates. So you should be okay with that. If you do a search you will find many UK members on here who have done that and might be able to give you more advice. 

 

But if that's your only concern for denial don't get too stressed. You'll have options for fixing it before a denial, including the back-up plan of finding co-sponsor / or your wife going back and establishing a job above the required income level. 

 

 

Thanks. I'll see what happens. We have several plans; if it does indeed get accepted first time, based on assets here ( house, pensions, lump sums etc ), then we'll look to them moving over there and settling. I'll go over for a while just to get my visa stamped, and come back to sell the house, work a bit longer , get my matters all settled and go over for giid. We sold the house, and cancelled but we'd sell it again no problem - and the assets requirement does say money that is readily available within a year. It does say don't sell your house or leave your job before a decision, so we are doing it a better way now, I think.

[SCOREAU 36]

2 hours ago, David - USA 2019 said:

Very good! I have a question. Tks for the attention. At the NVC stage, they did not ask you about these financial docs? They sent you direct for consulate interview? At the NVC you only made the DS visa procedure? Tks again!!!

When it's all done, I will do a video of it all, to help others. It is a complicated process, and I think it's designed that way on purpose. Still, it keeps the mind active and is a rite of passage. First off, I did the i130 and i130a in jan/feb. After about 2 1/2 months, my case was approved and passed to the us embassy. I got a case no. soon after, about 2-3 weeks. I then submitted the ds-260 about 5 weeks ago, and log in fairly regularly just to check. I have to arrange a medical date which I will do this week. I have had my vaccinations done via my GP, and have the other stuff I need for the medical. I was told I can arrange an interview date once I have my medical date, and allow a few days for the medical etc results to be passed over. I then have to provide all my other documents re the ds-260, i-864 when I get interviewed by a consular official. I am aware that my interview might be a bit longer as they can only give me an appt based on what's available when I request one.

By the way, I have to bring all my documents to the interview, as not being dealt with by NVC.

Edited June 16, 2019 by SCOREAU

[kris&me 572]

and didn't earn enough to pay taxes prior to that (in the usa ). 

 

didn't earn enough to pay taxes?????

taxes are withheld from our paychecks and the reason to file when a person does not make much is to get the refund

but since she owes student debt , more than likely any refund due would have been kept to pay this debt

 

 

[SCOREAU 36]

1 minute ago, kris&me said:

and didn't earn enough to pay taxes prior to that (in the usa ). 

 

didn't earn enough to pay taxes?????

taxes are withheld from our paychecks and the reason to file when a person does not make much is to get the refund

but since she owes student debt , more than likely any refund due would have been kept to pay this debt

 

 

She lived with her mum, and was in and out of rubbish jobs. When she came here with our daughter, I was able to provide for her and she was a stay-at-home mum. It has only been in the past 3 years that she has worked part time, to help us out as our finances were strained by some commitments I had which are about to end. We have arrived at a point where we are financially stable , which is a big relief, to me at least. We could move to a big house, I could retire in a year and we would have a good life in the uk as it is. I am pursuing all this for my wife's sake, but open to the move because life's too short to not take risks in life sometimes - although being cautious has served me very well till now, I have to say.

[Villanelle 4,122]

@SCOREAU  You are a bit confused about a few things. The 864 requires you to ANSWER if you have filed tax returns. If you didnt and you were REQUIRED to then its a problem. From what you stated she was not required to file tax returns so she is exempt from providing them. There are many threads on VJ on how to craft a letter saying you were not required to file taxes. Use search if you need to find them. The requirement is to answer the question and to provide them if they were filed. You are going to be fine in that aspect. 

 

Typically that statement is attached to the 864. It seems you are doing DCF (direct at the Embassy) so your process is a bit different then the standard CR visa route. If you havent created such a letter about the taxes do it to bring to the interview to attach to the 864 if they want it. Also mimelo already advised you that if you dont have something they will give you time (1-2 years if needed) to get it. Do not stop the process or you will have to start all over again and it might not go so quick next time. 

[DTM-USA 77]

1 hour ago, SCOREAU said:

When it's all done, I will do a video of it all, to help others. It is a complicated process, and I think it's designed that way on purpose. Still, it keeps the mind active and is a rite of passage. First off, I did the i130 and i130a in jan/feb. After about 2 1/2 months, my case was approved and passed to the us embassy. I got a case no. soon after, about 2-3 weeks. I then submitted the ds-260 about 5 weeks ago, and log in fairly regularly just to check. I have to arrange a medical date which I will do this week. I have had my vaccinations done via my GP, and have the other stuff I need for the medical. I was told I can arrange an interview date once I have my medical date, and allow a few days for the medical etc results to be passed over. I then have to provide all my other documents re the ds-260, i-864 when I get interviewed by a consular official. I am aware that my interview might be a bit longer as they can only give me an appt based on what's available when I request one.

By the way, I have to bring all my documents to the interview, as not being dealt with by NVC.

Tks a lot! My case is similar, living abroad with my US citizen wife and our 2yo little daugther. But we are still waiting for the I-130’s approvals. Tks again and good luck for us all! 👍🏻🙏🏻

[SCOREAU 36]

53 minutes ago, David - USA 2019 said:

Tks a lot! My case is similar, living abroad with my US citizen wife and our 2yo little daugther. But we are still waiting for the I-130’s approvals. Tks again and good luck for us all! 👍🏻🙏🏻

Good luck.

[SCOREAU 36]

1 hour ago, Villanelle said:

@SCOREAU  You are a bit confused about a few things. The 864 requires you to ANSWER if you have filed tax returns. If you didnt and you were REQUIRED to then its a problem. From what you stated she was not required to file tax returns so she is exempt from providing them. There are many threads on VJ on how to craft a letter saying you were not required to file taxes. Use search if you need to find them. The requirement is to answer the question and to provide them if they were filed. You are going to be fine in that aspect. 

 

Typically that statement is attached to the 864. It seems you are doing DCF (direct at the Embassy) so your process is a bit different then the standard CR visa route. If you havent created such a letter about the taxes do it to bring to the interview to attach to the 864 if they want it. Also mimelo already advised you that if you dont have something they will give you time (1-2 years if needed) to get it. Do not stop the process or you will have to start all over again and it might not go so quick next time. 

I was under the assumption that she still had to file even if just to show she didn't earn enough. Do I need to bring proof of her income for the part time work in the past 3 years, or does she just put she wasn't required because she has been earning less than the threshold, and do a covering letter stating this? Does it involve providing proof or simple declaring that she was on a low income, then? Would've been just as easy to say she was a housewife still.......

[SCOREAU 36]

1 hour ago, Villanelle said:

@SCOREAU  You are a bit confused about a few things. The 864 requires you to ANSWER if you have filed tax returns. If you didnt and you were REQUIRED to then its a problem. From what you stated she was not required to file tax returns so she is exempt from providing them. There are many threads on VJ on how to craft a letter saying you were not required to file taxes. Use search if you need to find them. The requirement is to answer the question and to provide them if they were filed. You are going to be fine in that aspect. 

 

Typically that statement is attached to the 864. It seems you are doing DCF (direct at the Embassy) so your process is a bit different then the standard CR visa route. If you havent created such a letter about the taxes do it to bring to the interview to attach to the 864 if they want it. Also mimelo already advised you that if you dont have something they will give you time (1-2 years if needed) to get it. Do not stop the process or you will have to start all over again and it might not go so quick next time. 

I am a mite confused, partly because I am filling out all the forms and get little help from my better half! Lol. So, she is here in uk with me, and I looked at the form and she would answer no and do a covering letter in which she would say she has worked for the last 3 years on a low income and didn't have to declare. She would then need to submit her last 3 years P60s with it to prove it, because it says provide evidence which I assume would be her pay details rather than merely declaring without documentary evidence? Thanks for your help. This site is really helping me.

[SCOREAU 36]

1 hour ago, Villanelle said:

@SCOREAU  You are a bit confused about a few things. The 864 requires you to ANSWER if you have filed tax returns. If you didnt and you were REQUIRED to then its a problem. From what you stated she was not required to file tax returns so she is exempt from providing them. There are many threads on VJ on how to craft a letter saying you were not required to file taxes. Use search if you need to find them. The requirement is to answer the question and to provide them if they were filed. You are going to be fine in that aspect. 

 

Typically that statement is attached to the 864. It seems you are doing DCF (direct at the Embassy) so your process is a bit different then the standard CR visa route. If you havent created such a letter about the taxes do it to bring to the interview to attach to the 864 if they want it. Also mimelo already advised you that if you dont have something they will give you time (1-2 years if needed) to get it. Do not stop the process or you will have to start all over again and it might not go so quick next time. 

Will the letter basically state that she was on a below threshold income and provide her p60 ( yearly income details from her employers etc )?

[Lemonslice 5,027]

13 minutes ago, SCOREAU said:

I was under the assumption that she still had to file even if just to show she didn't earn enough. Do I need to bring proof of her income for the part time work in the past 3 years, or does she just put she wasn't required because she has been earning less than the threshold, and do a covering letter stating this? Does it involve providing proof or simple declaring that she was on a low income, then? Would've been just as easy to say she was a housewife still.......

How much did she earn (approx. In USD)? It's not just "low income", there's an actual amount defined by the IRS.

 

See https://www.irs.gov/help/ita/do-i-need-to-file-a-tax-return

 

Filing married separately, 2018 filing requirements for most people is only $5 USD.