Denied because of I-864 but kept passport

[gclhd 0]

Hey all,

My fiance had her interview last week on December 9th. The interview went great, but she was rejected based on the fact that we did not turn in an I-864 affidavit of support and my last tax return. She was told I could email it in to the embassy, which I did that day. The embassy kept her passport pending the receipt of these documents. Since then, our status has been "Administrative Processing". But today, the "status updated date" was changed from December 9th (the day of her interview), to December 15th. Anyone have any idea what this may mean for us? Is her visa now being processed?

This has become incredibly stressful as we expected to be approved on the spot. The embassy website SPECIFICALLY states that you do not need an I-864 at the time of interview but we were rejected for not having it. I expect the visa will be, or is being approved, but we have travel plans with a flights booked on December 30th and it is very unclear if her passport will or will not be returned to her before then.

Any insight on our current situation would be greatly appreciated.

[Pitaya 2,576]

~Please fill in the interviewing embassy on your profile. It currently shows Armenia. Is that correct?~

Edited December 15, 2014 by A&B

[gclhd 0]

~Please fill in the interviewing embassy on your profile. It currently shows Armenia. Is that correct?~

Sorry, updated it. The interview was held in London.

[Pitaya 2,576]

~Moved from K1 Process to UK Regional Forum~

~Inquiry is embassy-specific~

[msbau764 245]

Hey all,

My fiance had her interview last week on December 9th. The interview went great, but she was rejected based on the fact that we did not turn in an I-864 affidavit of support and my last tax return. She was told I could email it in to the embassy, which I did that day. The embassy kept her passport pending the receipt of these documents. Since then, our status has been "Administrative Processing". But today, the "status updated date" was changed from December 9th (the day of her interview), to December 15th. Anyone have any idea what this may mean for us? Is her visa now being processed?

This has become incredibly stressful as we expected to be approved on the spot. The embassy website SPECIFICALLY states that you do not need an I-864 at the time of interview but we were rejected for not having it. I expect the visa will be, or is being approved, but we have travel plans with a flights booked on December 30th and it is very unclear if her passport will or will not be returned to her before then.

Any insight on our current situation would be greatly appreciated.

1. The guides here specifically say to bring a copy of everything submitted to USCIS and the embassy. What did you expect to gain by not bringing it? especially the tax returns. the embassy loses information all the time.

2. The general consensus here is to never purchase plane tickets until your visa is in hand. You obviously ignored this.

My advice is to call the embassy and let them know your situation. It may not help, but they could probably give you insight as to when your visa will be approved. Remember, you weren't rejected, they just needed your I-864 and last tax return. I suggest you read the guides relating to the Adjustment of Status when your fiance arrives in the US in order to avoid similar mistakes. Never assume anything.

[gclhd 0]

1. The guides here specifically say to bring a copy of everything submitted to USCIS and the embassy. What did you expect to gain by not bringing it? especially the tax returns. the embassy loses information all the time.

2. The general consensus here is to never purchase plane tickets until your visa is in hand. You obviously ignored this.

My advice is to call the embassy and let them know your situation. It may not help, but they could probably give you insight as to when your visa will be approved. Remember, you weren't rejected, they just needed your I-864 and last tax return. I suggest you read the guides relating to the Adjustment of Status when your fiance arrives in the US in order to avoid similar mistakes. Never assume anything.

Nothing that you just said was helpful. The text below came straight off of the embassy website.

What about the fiancé(e) of a U.S. citizen who is applying for a fiancé(e) visa?

An I-864 is not required when applying for a fiancé(e) visa. An I-864 will be required at the time the fiancé(e) visa holder applies to adjust his or her status from nonimmigrant to conditional resident with the United States Citizenship and Immigration Services(USCIS).

Why would she have brought these documents if we read on THE EMBASSY website that they were not needed? She was very careful and went over all paperwork several times, in fact she was a nervous wreck about messing something up. Needless to say we were very surprised that the issue we ran into was due to incorrect information on the embassy website.

That being said, we had flights booked because her interview was originally scheduled for January 5th, but her appointment date got moved up to December 9th after emailing the embassy and requesting a sooner interview date. Had we not ran into the I-864 issue, we would have had worries about making the flight or not.

I have tried contacting the embassy, but all you can do is email and they don't get back to you. We have been calling every day but they can not tell you anything about your specific case, they just read the status off the CEAC website and it's exactly what you read when you check yourself.

Edited December 15, 2014 by gclhd

[dwheels76 5,459]

1. The guides here specifically say to bring a copy of everything submitted to USCIS and the embassy. What did you expect to gain by not bringing it? especially the tax returns. the embassy loses information all the time.

2. The general consensus here is to never purchase plane tickets until your visa is in hand. You obviously ignored this.

My advice is to call the embassy and let them know your situation. It may not help, but they could probably give you insight as to when your visa will be approved. Remember, you weren't rejected, they just needed your I-864 and last tax return. I suggest you read the guides relating to the Adjustment of Status when your fiance arrives in the US in order to avoid similar mistakes. Never assume anything.

Goodness that was harsh. Its a K1 so a I-134 was required not a I-864. Be kind.

OP I wonder if they are asking for a I-864 because maybe are you close to the guideline? This is sometimes asked for. At least you got it into them. At least you have plenty of time and London has a quick turn around time.

Hang on. I am sure all will be done in time to make your flight.

[Nich-Nick 3,353]

Hey all,

My fiance had her interview last week on December 9th. The interview went great, but she was rejected based on the fact that we did not turn in an I-864 affidavit of support and my last tax return. She was told I could email it in to the embassy, which I did that day. The embassy kept her passport pending the receipt of these documents. Since then, our status has been "Administrative Processing". But today, the "status updated date" was changed from December 9th (the day of her interview), to December 15th. Anyone have any idea what this may mean for us? Is her visa now being processed?

This has become incredibly stressful as we expected to be approved on the spot. The embassy website SPECIFICALLY states that you do not need an I-864 at the time of interview but we were rejected for not having it. I expect the visa will be, or is being approved, but we have travel plans with a flights booked on December 30th and it is very unclear if her passport will or will not be returned to her before then.

Any insight on our current situation would be greatly appreciated.

Did you speak up at the interview and say the I-864 is not used with a fiancé visa?

Your situation is quite odd for a London interview. They expect you to bring an I-134 Affidavit of Support and some proof of income, but it doesn't have to be a tax return if you have other proof like an employer letter.

So do you have more of the story to add? What did you take to the interview to show support??

The change of dates on your status might indicate they opened the things you sent to them. It does not mean the visa is approved. The status will say issued. It could be 1-2 weeks before the passport and visa get back to you after the status says issued. There is no set time for that.

In reference to the other reply you had. You can not call London on the phone and talk to somebody about your visa. You may use their online contact form. They may or may not reply because telling you "how long" is a low priority request.

[gclhd 0]

Goodness that was harsh. Its a K1 so a I-134 was required not a I-864. Be kind.

OP I wonder if they are asking for a I-864 because maybe are you close to the guideline? This is sometimes asked for. At least you got it into them. At least you have plenty of time and London has a quick turn around time.

Hang on. I am sure all will be done in time to make your flight.

DH, the person at the embassy specifically told her I-864 so that's what I sent in, they also said I could email it which I did to save time on post delivery so it was received same day as I got an automated reply. I appreciate you showing some optimism for us as it is currently difficult for us to find it.

[gclhd 0]

Did you speak up at the interview and say the I-864 is not used with a fiancé visa?

Your situation is quite odd for a London interview. They expect you to bring an I-134 Affidavit of Support and some proof of income, but it doesn't have to be a tax return if you have other proof like an employer letter.

So do you have more of the story to add? What did you take to the interview to show support??

The change of dates on your status might indicate they opened the things you sent to them. It does not mean the visa is approved. The status will say issued. It could be 1-2 weeks before the passport and visa get back to you after the status says issued. There is no set time for that.

In reference to the other reply you had. You can not call London on the phone and talk to somebody about your visa. You may use their online contact form. They may or may not reply because telling you "how long" is a low priority request.

Unless I am mistaken, that is all there is to the story. I am the fiance/petitioner so I am in the US and was not present at time of interview. She was told not to stress about the "denied" letter and that they just needed the I-864/tax return and kept her passport.

[msbau764 245]

Hey all,

My fiance had her interview last week on December 9th. The interview went great, but she was rejected based on the fact that we did not turn in an I-864 affidavit of support and my last tax return. She was told I could email it in to the embassy, which I did that day. The embassy kept her passport pending the receipt of these documents. Since then, our status has been "Administrative Processing". But today, the "status updated date" was changed from December 9th (the day of her interview), to December 15th. Anyone have any idea what this may mean for us? Is her visa now being processed?

This has become incredibly stressful as we expected to be approved on the spot. The embassy website SPECIFICALLY states that you do not need an I-864 at the time of interview but we were rejected for not having it. I expect the visa will be, or is being approved, but we have travel plans with a flights booked on December 30th and it is very unclear if her passport will or will not be returned to her before then.

Any insight on our current situation would be greatly appreciated.

I didn't mean to be so harsh. I do think once it is approved, expect to get your visa within 7-10 business days. In order to receive it faster, I believe you could have it DHL'd in the same city as the embassy assuming you live far from there. Good luck. I wish you the best.

[Boiler 43,396]

Never heard of a I 864 being required. London also allows you to self sponsor.

[usuk2015 16]

The I864, to my knowledge, is only required in with a CR1. I am sure whoever told you that you needed the I864 thought you were a CR1.

K1 visas need the I134.

There are guides to help you through the process on VJ. Your fiance also would have received instructions from the embassy showing what he/she needed at the interview which, also, would have stated that the I134 was needed. The Embassy website states that you need the I134 affidavit of support, as well.

If you talked to someone at the Embassy in London, you were talking to someone who has little to no information for Immigrant Visas. They deal with non-immigrant visas.

If I was you, I would use the online contact form and explain to them your explanation. Ask them what/if additional information is needed to process your fiance's visa.

Edited to add: The I864 is only needed during Adjustment of Status (AOS) after your fiance has entered the United States.

Edited December 15, 2014 by Jameel and Kasey

[Nich-Nick 3,353]

Unless I am mistaken, that is all there is to the story. I am the fiance/petitioner so I am in the US and was not present at time of interview. She was told not to stress about the "denied" letter and that they just needed the I-864/tax return and kept her passport.

I was trying to determine if she took anything in the way of an Affidavit of Support. Your post sounded like they required an I-864 instead of an I-134 that fiance's take, which would be the odd part.

The London K1 instructions provide a list of documents to bring. This is what it says:

Affidavit of Support: Form I-864, a contractual affidavit of support, must be submitted for most family-based immigrant visa applicants and employment-based applicants when a relative is the petitioner or has ownership interest in the petitioner's business. The I-864 is available from the Embassy website: http://london.usembassy.gov/i864.html. The form must be submitted at the time of the applicants interview, along with the petitioners most recent tax return and any other financial documents.

Employment based visa applicants must show a recent letter from their employer confirming that the job offer upon which their application is based is still available to them. Qualified nurses must also present their Visa Screen Certificate.

All other applicants, including K-1 (fiancé/e) applicants must show evidence that they are not likely to become a public charge while in the United States. Use of the form I-134 is an efficient way to provide this information to the Consular Officer. Form I-134 is available from the USCIS website: http://www.uscis.gov/i-134.

[Nich-Nick 3,353]

Also the Foreign Affairs Manual (which is the guidebook of consulate ) says in their Notes on Volume 9

9 FAM 40.41 N12.6 Alien Seeking Admission as K Nonimmigrant

(CT:VISA-1995; 06-06-2013)

Since K-1 (fiancé(e) of a U.S. citizen) and K-2 (child of the fiancé(e) of a U.S. citizen), K-3 (spouse of U.S. citizen), and K-4 (child of K-3) applicants are technically applying for nonimmigrant visas (NIV), they must use Form I-134, Affidavit of Support, if you determine that a Form I-134 is necessary. You must not require or accept Form I-864 in K visa cases. Such applicants will, however, have to submit Form I-864, to the DHS/USCIS at the time of adjustment of status to that of a lawful permanent resident (LPR).