Visa denied because proof of assets missing

[Atac 3]

Today my wife's visa application got denied in Frankfurt USA consulate. I am a naturalized US citizen, living in Germany, and I opted to use my assets for I-864 as they are sufficiently enough.

 

My wife tells that the interviewer said to her: "I need to see proof of assets" and asked her to send an e-mail with "documents" to embassy e-mail, denying the application.

 

This is very odd because we already submitted to the ceac.state.gov our proof of assets listing my investment bank account balance, home ownership info.

 

Anyone else had a similar case? Can it be the officer didn't know how to interpret the existing documents or didn't some how have access to the documents?

 

thanks,

 

 

[SalishSea 17,847]

7 minutes ago, Atac said:

Today my wife's visa application got denied in Frankfurt USA consulate. I am a naturalized US citizen, living in Germany, and I opted to use my assets for I-864 as they are sufficiently enough.

 

My wife tells that the interviewer said to her: "I need to see proof of assets" and asked her to send an e-mail with "documents" to embassy e-mail, denying the application.

 

This is very odd because we already submitted to the ceac.state.gov our proof of assets listing my investment bank account balance, home ownership info.

 

Anyone else had a similar case? Can it be the officer didn't know how to interpret the existing documents or didn't some how have access to the documents?

 

thanks,

 

 

NVC simply accepts required documents, they do not approve anything.  That is the job of the consular officer.

 

Are your assets borderline, in terms of having access to cash that could support an immigrant?

[Crazy Cat 41,904]

22 minutes ago, Atac said:

Today my wife's visa application got denied in Frankfurt USA consulate. I am a naturalized US citizen, living in Germany, and I opted to use my assets for I-864 as they are sufficiently enough.

 

My wife tells that the interviewer said to her: "I need to see proof of assets" and asked her to send an e-mail with "documents" to embassy e-mail, denying the application.

 

This is very odd because we already submitted to the ceac.state.gov our proof of assets listing my investment bank account balance, home ownership info.

 

Anyone else had a similar case? Can it be the officer didn't know how to interpret the existing documents or didn't some how have access to the documents?

 

thanks,

 

 

Was the application refused or denied?  There is a big difference.  The Consulate Officer is the sole approval authority for visas. 

Edited September 2, 2021 by Crazy Cat

[Atac 3]

12 minutes ago, Jorgedig said:

NVC simply accepts required documents, they do not approve anything.  That is the job of the consular officer.

 

Are your assets borderline, in terms of having access to cash that could support an immigrant?

Nope, the house, county assessed value - mortgage is ~500K USD.

[Atac 3]

Just now, Crazy Cat said:

Was the application refused or denied?  There is a big difference.  The Consulate Officer is the sole approval authority for visas. 

Ah. It was refused with a note saying that they require additional information.

[powerpuff 6,713]

~Moved from K1 Forum to IR1/CR1 Case Filing and Progress Reports - OP’s timeline indicated they filed for spousal visa~
 

Your profile says you applied for K-1 but your timeline says you’re going through the spousal visa. Please change the info on your profile so people won’t be confused and can give you better advice. 
 

did the CO give your wife a slip that says to submit missing documents? 

[Crazy Cat 41,904]

2 minutes ago, Atac said:

Ah. It was refused with a note saying that they require additional information.

That is not a denial.......give them what they want.  The CO has FULL discretion for approval and denial. 

Edited September 2, 2021 by Crazy Cat

[Atac 3]

2 minutes ago, powerpuff said:

~Moved from K1 Forum to IR1/CR1 Case Filing and Progress Reports - OP’s timeline indicated they filed for spousal visa~
 

Your profile says you applied for K-1 but your timeline says you’re going through the spousal visa. Please change the info on your profile so people won’t be confused and can give you better advice. 
 

did the CO give your wife a slip that says to submit missing documents? 

Yes the slip says:

 

I-864 Proof of Assets.

 

But the thing is I already have them in the ceac.state.gov. Can it be that the officer didn't have access to them somehow or could not open them on his computer or something?

[powerpuff 6,713]

5 minutes ago, Atac said:

Yes the slip says:

 

I-864 Proof of Assets.

 

But the thing is I already have them in the ceac.state.gov. Can it be that the officer didn't have access to them somehow or could not open them on his computer or something?

So it was refused, not denied. I’m sure he has full access to them. But it’s probably been several months since you submitted these to NVC and they probably want to see recent dates on financial docs so they can make sure your financial situation didn’t change and you can still sponsor your spouse. Just provide what they need and provide updated dates on the documents. 

Edited September 2, 2021 by powerpuff

[Atac 3]

4 minutes ago, powerpuff said:

So it was refused, not denied. I’m sure he has full access to them. But it’s probably been several months since you submitted these to NVC and they probably want to see recent dates on financial docs so they can make sure your financial situation didn’t change and you can still sponsor your spouse. Just provide what they need and provide updated dates on the documents. 

This makes more sense. It didn't occur to me that this could be the case. But it is still very confusing that the officer didn't explicitly say: "Can you please send up to date version of these documents" etc. And just said: "I don't see the proof" :/.

 

thanks!!!

 

 

Edited September 2, 2021 by Atac

[JeanneAdil 6,514]

Did u include an appraisal by a licensed person and copy of document showing current mortgage? 

 

Is your property in the US?  don't know if this is important 

 

https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

page 9

 

Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value. You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, then you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value of an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset.

 

The instructions use to say 'house can not be primary residence " but they took  that part out

they will just look at actual value of property and ease of liquidating 

Edited September 2, 2021 by JeanneAdil

[Troy B 223]

45 minutes ago, JeanneAdil said:

Did u include an appraisal by a licensed person and copy of document showing current mortgage? 

 

Is your property in the US?  don't know if this is important 

 

https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

page 9

 

Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value. You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, then you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value of an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset.

 

The instructions use to say 'house can not be primary residence " but they took  that part out

they will just look at actual value of property and ease of liquidating 

 

I wonder if the officer is still using that primary residence exclusiion despite it not being in the i1864 anymore...

[SusieQQQ 11,586]

What kind of proof did you submit? Presumably not just a list of assets - but statements etc?

2 hours ago, Atac said:

Nope, the house, county assessed value - mortgage is ~500K USD.

This could be the issue, if this is the only assessment you showed. Do you have all the house documents as per the extract below, especially the appraisal?

 

1 hour ago, JeanneAdil said:

If you wish to include the net value of your home, then you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home

 

[JeanneAdil 6,514]

2 hours ago, Troy B said:

 

I wonder if the officer is still using that primary residence exclusiion despite it not being in the i1864 anymore...

They can use it if they deem its important / approving a visa is at the discretion of the CO

but they told her to submit "more proof of assets"  so they have not denied a visa

and the CEAC will  say "Refused "   -don't let that through u off -  it is the term they use now when extra documents or time is needed for security reasons

just send the Embassy the documents asked 

when sending to embassy,  label them in  upper right hand corner with the case #,  both names and both DOB's  on  every single page

important as the embassy deals with thousands of paperwork and a normal property appraisal in US is multiple pages  / they will require all

Documents do get misplaced or just plain lost in a pile so label them

[Atac 3]

4 hours ago, JeanneAdil said:

They can use it if they deem its important / approving a visa is at the discretion of the CO

but they told her to submit "more proof of assets"  so they have not denied a visa

and the CEAC will  say "Refused "   -don't let that through u off -  it is the term they use now when extra documents or time is needed for security reasons

just send the Embassy the documents asked 

when sending to embassy,  label them in  upper right hand corner with the case #,  both names and both DOB's  on  every single page

important as the embassy deals with thousands of paperwork and a normal property appraisal in US is multiple pages  / they will require all

Documents do get misplaced or just plain lost in a pile so label them

The trouble is they didn't ask for any documents. The officer only said he wants to see proof of assets, without qualifying what he doesn't count as proof or why. Also he asked them to be e-mailed to visa inquiries e-mail address...

 

Also I originally made a typo "The house alone is ...". In the investment accounts I have total another ~1.5M (mostly stocks).

 

 

 

Edited September 3, 2021 by Atac