Time between 221(g) reponse and receipt of visa

[hjones 1]

Hi all!

To make a long story short, my husband received a 221(g) refusal at his interview. My dad is the joint-sponsor and the embassy requires an I-864A from my mom because they file their taxes jointly (even though he makes enough money himself to act as joint sponsor). The CO said it is a minor technicality but regardless, they can't approve his visa until they receive the I-864A form.

Unfortunately it took ages to get everything together and posted but it eventually arrived at the embassy today.

Both of our jobs have a 3 month notice period, so we had to hand in our notices a while ago and are finishing on the 23rd of November. We were hoping to fly out on the 4th of December but I'm nervous to book any travel until we have the visa in hand. Anyone have any similar experince that would suggest we would be okay to book travel for the 4th?

Thanks!

[Nich-Nick 3,354]

Hi all!

To make a long story short, my husband received a 221(g) refusal at his interview. My dad is the joint-sponsor and the embassy requires an I-864A from my mom because they file their taxes jointly (even though he makes enough money himself to act as joint sponsor). The CO said it is a minor technicality but regardless, they can't approve his visa until they receive the I-864A form.

Unfortunately it took ages to get everything together and posted but it eventually arrived at the embassy today.

Both of our jobs have a 3 month notice period, so we had to hand in our notices a while ago and are finishing on the 23rd of November. We were hoping to fly out on the 4th of December but I'm nervous to book any travel until we have the visa in hand. Anyone have any similar experince that would suggest we would be okay to book travel for the 4th?

Thanks!

You should be fine for Dec 4, but I would never suggest booking before the visa is in hand. Stuff happens as you are well aware. As far as time to get approved, it has varied like everything else. Don't expect them to open your response today and issue the visa. Sometimes it takes 2-3 weeks for them to get around to looking at your case. And other times, only a week.

I'm curious about the 221(g). Did you supply specific evidence to show that Dad earned enough on his own like a letter from his employer, W2, and pay stubs? Or did you only go with the tax return which showed joint income? Also on his first I-864, did he list Mom's name in item 24b or leave that blank?

[Stu4Lee 66]

Of course everyone is different but ours was 16 days between courier collecting evidence and returning with passport and visa.

Good luck

[hjones 1]

Hi guys, thanks so much for your responses.

Nich-Nick - I should have been more specific. My parents are both retired and thus don't receive a paycheck per se. Their income comes from retirement funds/stock portfolios, etc. So I'm assuming the embassy wanted a bit more information because it wasn't obvious that the income quoted in my Dad's tax information was strictly his, which is why they needed the agreement I-864A form from my mom. He left item 24b blank on his original I-864 form but perhaps it wasn't obvious to the CO what was really going on with the information we supplied to them.

I wonder why this wasn't flagged up during processing at the NVC? Perhaps they don't look that closely at it or it was simply a difference of opinion between the NVC and the embassy.

However, the thing that I find most frustrating is that the embassy doesn't inform you before your interview of any further information they require so that you could bring it with you on the day and clear things up then and there! I just get frustrated with inefficiencies!! Nevermind, we'll get there in the end!!

Thanks again for your responses!

[Nich-Nick 3,354]

Hi guys, thanks so much for your responses.

Nich-Nick - I should have been more specific. My parents are both retired and thus don't receive a paycheck per se. Their income comes from retirement funds/stock portfolios, etc. So I'm assuming the embassy wanted a bit more information because it wasn't obvious that the income quoted in my Dad's tax information was strictly his, which is why they needed the agreement I-864A form from my mom. He left item 24b blank on his original I-864 form but perhaps it wasn't obvious to the CO what was really going on with the information we supplied to them.

I wonder why this wasn't flagged up during processing at the NVC? Perhaps they don't look that closely at it or it was simply a difference of opinion between the NVC and the embassy.

However, the thing that I find most frustrating is that the embassy doesn't inform you before your interview of any further information they require so that you could bring it with you on the day and clear things up then and there! I just get frustrated with inefficiencies!! Nevermind, we'll get there in the end!!

Thanks again for your responses!

I was just curious because this question has come up before on another forum. I thought it was a matter of showing the person's separate income clearly while others have argued that a joint tax return always requires an I-864A. But it sounds like there wasn't documentation to show the Dad's pension or Social Security was enough...like a letter from SSA or pension department. Or maybe his own 1099-R (in lieu of a W2). So I' m still going to go with my original thoughts that an I-864A isn't an automatic requirement in London unless you don't clearly document his separate income is enough.

I know NVC doesn't really evaluate the I-864 thoroughly. I think they are more document collectors in reality. I've known a number of people who didn't know until interview they had a problem. And my general observation of London in general is nobody goes over the forms until the interviewer starts looking at the file as your number is being called on the PA. Nobody gets an RFE from London before the interview.

[elmcitymaven 9,712]

An I-864A isn't a London requirement if you can clearly show that on a jointly filed 1040 who is earning what. My mom was our co-sponsor and my dad did not file an I-864A despite their tax returns being filed jointly. My mom attached her W2s and a letter from her employer showing what she earned, and that was that. I tend to think here that the issue was related to there not being W2s/an employer letter to show the breakdown more clearly.

[hjones 1]

Yes I think you both are right - I'm sure our situation is fairly unique and despite lots of research on my part and extra diligence from my dad when filling out his I-864, it seems it wasn't quite clear enough for the CO to be sure. I don't want to frighten everyone into thinking that an I-864A is an automatic requirement for London!

Anyway thanks again for your help. Hopefully we will have the visa in hand soon enough!

[Jenril F2A spouse 1]

Yes I think you both are right - I'm sure our situation is fairly unique and despite lots of research on my part and extra diligence from my dad when filling out his I-864, it seems it wasn't quite clear enough for the CO to be sure. I don't want to frighten everyone into thinking that an I-864A is an automatic requirement for London!

Anyway thanks again for your help. Hopefully we will have the visa in hand soon enough!

Hi guys!! my interview was done but have 221g form b'cos the CO wants to request w-2 and I-864A of MY co-sponsor(sister in law) Spouse which is my (brother in law)but my co sponsor which is my sister in law is in the above poverty guidelines why they need to request? that..help please?

[Owen_London 65]

Hi guys!! my interview was done but have 221g form b'cos the CO wants to request w-2 and I-864A of MY co-sponsor(sister in law) Spouse which is my (brother in law)but my co sponsor which is my sister in law is in the above poverty guidelines why they need to request? that..help please?

You need to start your own thread in the right place, I'm afraid. Advice given in the UK forum is not necessarily going to help you in the Philipines.