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cabbagepatch

Don't know why this was done to us :-(

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Hi, I'm new here but have been reading for awhile now. My husband and i are completely devastated and don't understand why.

To help you all understand alittle of what happened.............

We had our interview (hubby is the non USC), had all the required documents, lots of evidence (you name it, we had it), medical & police report-perfect. We were feeling somewhat confident, very nervous but confident. We have not seen eachother in well over a year so we were excited about finally getting a interview. Ok, so the interview went well, (at first) then the CO says that your wife doesn't make enough income, (we were given the 221g form) well we knew that so we had a joint sponsor, it was my niece. She's not wealthy and rich but she made alittle over $23,000 (no dependents). What my husband and i don't understand is, how do they come to the conclusion that she also doesn't make enough? Do they count the two of them on her affidavit of support? or am i and our children (3) counted together with my niece, and my hubby as well on that same affidavit? We are simply confused and heart broken. My husband and i discussed this and i was under the impression that the joint sponsor would be counted on there and the joint sponsors dependents (if any, in our case she had none) and the beneficiary (my husband). I don't know anymore, we don't know how this works i guess. We were given a date months from now to get another joint sponsor......I'm almost drowned in my own tears.

I kindly ask if anyone can shed some light for us to help us better understand, we both would appreciate it.

Thank you and good luck to everyone on this tedious journey.

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I am no expert, hopefully someone better situated will come along and help you soon.

For the joint sponsor she would count herself, and your husband if she has no depenedants.

She really doesn't make that much more over the poverty guidelines, and in the big picture you are talking a family of five trying to live off of your income alone. Maybe this seemed questionable to the interviewer. Sounds like you need a joint sponsor that makes a bit more over the poverty level, to prove your hubby wont become reliant on public means tested benefits, and if he does there will be someone who can afford to pay it all back. Again no expert but this seems the logical to me. Were it just you hubby and maybe even only one young one, perhaps the outcome would have been different with the same joint sponsor. Know you are heart broken, wish there was something I could say that would make you feel better.

Do wait for other responses, I am sure someone on this board who has been in your situation.


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Do believe that you add yourself, hubby, herself, hubby and the three kids....
Yes if the joint sponsor is a household member, filing the I-864a. If the joint sponsor lives in a seperate home, she would count herself a spouse if one, any dependent children or other dependents.

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Thank you very much for responding!

Our joint sponsor doesn't live with us, she lives alone with no dependents. I think thats one of the reasons we don't understand the rejection by the CO to use our joint sponsor. She made enough if just the two of them were to be counted on there. I thought on the joint sponsor's affidavit it would have been just my niece and my husband counted not all of us. But, i don't know.

It's very heart breaking and so stressful :-(

We appreciate the responses.

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rebeccajo,

Your statement is too general. For the non-immigrant K visas the consular officer has discretion to consider how reliable an offered sponsor might be in providing the offered support money, and this is sufficient basis to disqualify almost any sponsor other than the petitioner. But for an immigrant visa the I-864 is a contract between the Sponsor or Joint Sponsor and the US governement, so that is not an issue. If the Joint Sponsor adequately demonstrates that they meet the financial and other requirements then there is no reason to not accept a Joint Sponsor.

Yodrak

What consulate? You dont' say.

That may be the problem. Some don't accept joint sponsors.

cabbagepatch,

How old is your niece? How long in her present job or with her present employer? What is the nature of her job and the industry that she works in? Is current income base on a fixed salary or does it include things like bonus or overtime that are not assured? What is her previous work and income history? There is a lot of relevant information that you have not provided.

If your niece's present income is adequate, and it has been sufficiently documented that it is adequate, then the problem may lie in demonstrating that her income is sustainable.

Yodrak

Hi, I'm new here but have been reading for awhile now. My husband and i are completely devastated and don't understand why.

To help you all understand alittle of what happened.............

We had our interview (hubby is the non USC), had all the required documents, lots of evidence (you name it, we had it), medical & police report-perfect. We were feeling somewhat confident, very nervous but confident. We have not seen eachother in well over a year so we were excited about finally getting a interview. Ok, so the interview went well, (at first) then the CO says that your wife doesn't make enough income, (we were given the 221g form) well we knew that so we had a joint sponsor, it was my niece. She's not wealthy and rich but she made alittle over $23,000 (no dependents). What my husband and i don't understand is, how do they come to the conclusion that she also doesn't make enough? Do they count the two of them on her affidavit of support? or am i and our children (3) counted together with my niece, and my hubby as well on that same affidavit? We are simply confused and heart broken. My husband and i discussed this and i was under the impression that the joint sponsor would be counted on there and the joint sponsors dependents (if any, in our case she had none) and the beneficiary (my husband). I don't know anymore, we don't know how this works i guess. We were given a date months from now to get another joint sponsor......I'm almost drowned in my own tears.

I kindly ask if anyone can shed some light for us to help us better understand, we both would appreciate it.

Thank you and good luck to everyone on this tedious journey.

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Hi, I'm new here but have been reading for awhile now. My husband and i are completely devastated and don't understand why.

To help you all understand alittle of what happened.............

We had our interview (hubby is the non USC), had all the required documents, lots of evidence (you name it, we had it), medical & police report-perfect. We were feeling somewhat confident, very nervous but confident. We have not seen eachother in well over a year so we were excited about finally getting a interview. Ok, so the interview went well, (at first) then the CO says that your wife doesn't make enough income, (we were given the 221g form) well we knew that so we had a joint sponsor, it was my niece. She's not wealthy and rich but she made alittle over $23,000 (no dependents). What my husband and i don't understand is, how do they come to the conclusion that she also doesn't make enough? Do they count the two of them on her affidavit of support? or am i and our children (3) counted together with my niece, and my hubby as well on that same affidavit? We are simply confused and heart broken. My husband and i discussed this and i was under the impression that the joint sponsor would be counted on there and the joint sponsors dependents (if any, in our case she had none) and the beneficiary (my husband). I don't know anymore, we don't know how this works i guess. We were given a date months from now to get another joint sponsor......I'm almost drowned in my own tears.

I kindly ask if anyone can shed some light for us to help us better understand, we both would appreciate it.

Thank you and good luck to everyone on this tedious journey.

Sorry to hear that it happened to you. Things will be fine. Just get another joint sponsor with higher income, (In my opinion, at least $40,000 per year income) and submit it at the Embassy. I am sure, they will issue the visa after you submit the joint sponsor.

Rebeccajo: For the I-864 of the immigrant visa case, a joint sponsor is always accepted by any US Embassy provided that the joint sponsor fullfils all the requirements.


I-130 Timeline with USCIS:

It took 92 days for I-130 to get approved from the filing date

NVC Process of I-130:

It took 78 days to complete the NVC process

Interview Process at The U.S. Embassy

Interview took 223 days from the I-130 filing date. Immigrant Visa was issued right after the interview

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Thank you all for explaining and trying to help.

Yodrak, she has been at her job for about 7 years or so. She is 35 years old and works as a phlebotomist.

I really feel the CO made a mistake by saying she doesn't make enough if just her ( joint sponsor) and my husband (beneficiary) were to be counted on her affidavit. I think for 2 people the guideline was $16,500 or something like that, and she made alittle over $23,000. If they are counting all of us on there then i understand why we were given the 221g, but i thought the joint sponsor would only count their own household (in our case, she lives alone with no dependents) and the beneficiary. I don't think we have a fighting chance to tell the CO a mistake was made, if one was made. We have no choice but to comply with what is asked of us now. Sadly, we were given a date months from now to bring the new information...........just so crushing :-(

My husband and i sincerely appreciate all the information given.

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Thank you all for explaining and trying to help.

Yodrak, she has been at her job for about 7 years or so. She is 35 years old and works as a phlebotomist.

I really feel the CO made a mistake by saying she doesn't make enough if just her ( joint sponsor) and my husband (beneficiary) were to be counted on her affidavit. I think for 2 people the guideline was $16,500 or something like that, and she made alittle over $23,000. If they are counting all of us on there then i understand why we were given the 221g, but i thought the joint sponsor would only count their own household (in our case, she lives alone with no dependents) and the beneficiary. I don't think we have a fighting chance to tell the CO a mistake was made, if one was made. We have no choice but to comply with what is asked of us now. Sadly, we were given a date months from now to bring the new information...........just so crushing :-(

My husband and i sincerely appreciate all the information given.

I think, the CO were counting all of you. Don't take streeses to think that the CO made a mistake. Just get another joint sponsor who has much higher income and they will issue the visa. Good thing is, the interview part is over.


I-130 Timeline with USCIS:

It took 92 days for I-130 to get approved from the filing date

NVC Process of I-130:

It took 78 days to complete the NVC process

Interview Process at The U.S. Embassy

Interview took 223 days from the I-130 filing date. Immigrant Visa was issued right after the interview

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cabbagepatch,

Based on the information you have provided I agree that it's possible an error was made. I don't see why you can't request a review by the IV unit supervisors, explaining why you think the decision was incorrect. Stict to the facts of the documentation that was presented, and use the inactive voice rather than active voice (you believe a mistake was made, not you believe the consular officer made a mistake) to avoid involving personalities and distracting from the main point.

Depending on what it's worth to you, you might even want to have an immigration attorney review the financial support package that was submitted and write the review request up for you - how you say it is as import as what you say. (Or, you may find out a valid reason, not obvious to us, for why the package was deemed to be inadequate.) Might cost you on the order of $200 or so.

Yodrak

Thank you all for explaining and trying to help.

Yodrak, she has been at her job for about 7 years or so. She is 35 years old and works as a phlebotomist.

I really feel the CO made a mistake by saying she doesn't make enough if just her ( joint sponsor) and my husband (beneficiary) were to be counted on her affidavit. I think for 2 people the guideline was $16,500 or something like that, and she made alittle over $23,000. If they are counting all of us on there then i understand why we were given the 221g, but i thought the joint sponsor would only count their own household (in our case, she lives alone with no dependents) and the beneficiary. I don't think we have a fighting chance to tell the CO a mistake was made, if one was made. We have no choice but to comply with what is asked of us now. Sadly, we were given a date months from now to bring the new information...........just so crushing :-(

My husband and i sincerely appreciate all the information given.

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Thank you all again and again for the advice.

We would love to challenge what has happened because we honestly feel and believe this was incorrect and unfair, but we know if we do, then there's a very high chance that we could dig a much deeper ditch for ourselves. It's already been a long, tough process for us and don't want to stir up anymore problems. The determination is still in us to overcome this obstacle, i need my husband, his children need him.......so we continue to carry on for however long this will take.

We deeply and sincerely appreciate everyone's words of kindness and help, We will definitely let you all know what the outcome of this is. Please keep our family in your prayers.

Good luck to all

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