Bank Statement not accepted at Interview

[ATPEACE 43]

IS THIS MONEY IN HIS CHECKING ACCT OR SAVINGS, IF THE MONEY IN A CHECKING ACCT IT WILL MAKE A BIG DIFFERENCE ON HOW IT IS VIEWED. Also, was his taxes filed as self employed or did he file taxes using W2's from an employer. These are the things that the CO looked at.

[b0nd 0]

My original I864 listed my account balances and I sent 6 month statements at that time.

The current account summary that I sent in the interview listed all transactions in past 1.5 years.

ATPEACE: The money is in my checking account and I filed my taxes as self employed.

I would like to hear from someone who actually had the same case or has the exact knowledge of this kind of situation.

I am however planning on emailing the local embassy with my last 6 month statements.

OOps,

1. Google the Embassy and see if you can figure out who is the Chief Consular at that Embassy. Play around with the email conventions and see if you cannot get an email to him/her asking for a look into your case.

2. If this gets no response try calling the DOS IG telephone number. They will give you the country specific person who you can tell your story to over the phone, tell them you are very confused and you think this is a mistake and ask if they can make a call on your behalf or put you in contact with someone who can sort this for you.

3. Finally, did your I864 actually use assets when you originally filed it at the NVC using the same documents? If not then it might have to be redone properly, you cannot just supplement the I864 at the last minute with copies of bank statements if the contract did not mention them in the first place. Again as said earlier even if the money has been sitting untouched for 2 years, they might question the source of the cash if it doesn't match up with your last few years of tax returns.

[ATPEACE 43]

My original I864 listed my account balances and I sent 6 month statements at that time.

The current account summary that I sent in the interview listed all transactions in past 1.5 years.

ATPEACE: The money is in my checking account and I filed my taxes as self employed.

I would like to hear from someone who actually had the same case or has the exact knowledge of this kind of situation.

I am however planning on emailing the local embassy with my last 6 month statements.

That is the crust of the problem, the money was not considered to be stable, and the CO looks at the money as if it is intended for the usage of the business, therefor it could not be counted on to be used for the purpose of day to day living. Therefore , the CO has requested that you obtain a cosponsor.

END OF STORY.......

[b0nd 0]

So do you think presenting 6 months statements and a letter with details could help or should I simply get a cosponsor?

By the way my Business account also has $50k+ balance. Should I also present it show that I do not intend to use personal account for business?

That is the crust of the problem, the money was not considered to be stable, and the CO looks at the money as if it is intended for the usage of the business, therefor it could not be counted on to be used for the purpose of day to day living. Therefore , the CO has requested that you obtain a cosponsor.

END OF STORY.......

Edited June 27, 2011 by b0nd

[JimVaPhuong 4,863]

So do you think presenting 6 months statements and a letter with details could help or should I simply get a cosponsor?

By the way my Business account also has $50k+ balance. Should I also present it show that I do not intend to use personal account for business?

Something sounds quirky. You've already submitted more than adequate evidence to meet the minimum requirements, yet they're using their discretion to deny based on the "public charge" determination. How old are your parents? Do they have any health issues?

[b0nd 0]

Yes, we have had issues all along as you can see it's been more than 1.5 years and the case has been delayed for one reason or another. My father is 67 and mother is 60 and they both do not have any health issues. My father however is a retired Army officer but he retired almost 16 years ago. We did have issues on Army Service records being unavailable but those were resolved but that delayed the case for more than 8 months.

From the way they have treated the financial documentation it looks as if the bank statement didn't even exist or wasn't considered. That is why I have been asking if Cash is accepted to meet the income requirements and if it is then what is the correct way of presenting it; Bank letter, 6-month statements etc.

Something sounds quirky. You've already submitted more than adequate evidence to meet the minimum requirements, yet they're using their discretion to deny based on the "public charge" determination. How old are your parents? Do they have any health issues?

[JimVaPhuong 4,863]

Yes, we have had issues all along as you can see it's been more than 1.5 years and the case has been delayed for one reason or another. My father is 67 and mother is 60 and they both do not have any health issues. My father however is a retired Army officer but he retired almost 16 years ago. We did have issues on Army Service records being unavailable but those were resolved but that delayed the case for more than 8 months.

From the way they have treated the financial documentation it looks as if the bank statement didn't even exist or wasn't considered. That is why I have been asking if Cash is accepted to meet the income requirements and if it is then what is the correct way of presenting it; Bank letter, 6-month statements etc.

Yes, of course cash is accepted. They just like to see evidence that the money is actually a cash reserve, and not working capital for your business or a temporary loan from a friend or family member. It seems like you've submitted adequate evidence, which is why I'm a little stumped they didn't accept it.

A letter from a bank officer would be preferred. It should show your account status, and for each of the past 12 months or so it should show the sum of deposits, withdrawals, and average balance.

The reason I asked about their health is because it's one of the factors they are supposed to consider when determining the chances that someone will become a public charge. It's a foregone conclusion they won't be working in the US long enough to qualify for Social Security retirement benefits, and unless you die they probably won't be eligible for Medicare benefits. On the other hand, consular officers are not supposed to deny based on the public charge requirement simply because someone is old. They need evidence that the beneficiary is likely to become a public charge, or a sponsor who cannot meet the statutory requirements of INA 213.

As you say, it looks as if they didn't even consider your assets.

[EAbbas 213]

As you say, it looks as if they didn't even consider your assets.

Ive seen a lot of ppl going thru Islamabad recently where their i864 is sufficient with assets to cover the insufficient part or assets to show if they make just above poverty that have been rejected or not even considered and requested joint sponsor anyway... several recent postings have reflected this issue.... not sure if maybe you have to come armed with a joint sponsor just in case...but maybe once you clarify everything clearly from the bank and show the different bank accounts...one for business use, one for personal use...the cash in savings etc...and get the bank teller or customer rep to CLEARLY document when you opened the accounts what deposits were made and that it is a CONSISTENT income etc...then it will be rectified....

as a bank teller i've written a few of these for the international folks living here asking for their families to visit etc...not a difficult thing to do...just takes a little research and if you know your bank REALLYY well you could do the research and give them the info and they can simply verify your info and write the letter ...not taking too much of their time...

AND JIM TOTALLY OFF TOPIC but every time I see your Display pic I have to look at it your wife is lovely!!!!! lol

Edited June 28, 2011 by EAbbas

[ATPEACE 43]

Bond,

Lets look at how your 864 was viewed.

Petitioner needed to submit 3 years of taxes transcript

2009, 2010 and 2011, were any of these years above poverty level, if not were they all below poverty level greater than $5000.00?

You said you could submit 1.5 years of bank statements, does your savings show a steady progression of deposits?

The checking is going to be strange, because it should show money being moved in and out.

If you are self employed, how will you show evidence of being able to provide Health Insurance/care for 2 elderly parents also Health Insurance for your family.

Remember the CO looks at the big picture, not just a small moments in time picture.

[b0nd 0]

You have raised a very valid point. I didn't think from that perspective. To give you some details, I started my business back in 2006 and since I invested in it and have S corporation so the loss/profit reflects on my personal income tax return. At the time of filing I-864 I submitted 2007 tax return which shows USD -16k (yes that's a minus) but since then it has gradually gone up. My income could have been more in the following years but as it covered the losses in prior years so my current 2011 tax return still didn't meet the poverty line. I had this money in my personal account (that I showed on I-864) set asside and didn't touch it in over 2 years. Now that you have raised this point I am wondering how to correctly prove my point and present the case.

Bond,

Lets look at how your 864 was viewed.

Petitioner needed to submit 3 years of taxes transcript

2009, 2010 and 2011, were any of these years above poverty level, if not were they all below poverty level greater than $5000.00?

You said you could submit 1.5 years of bank statements, does your savings show a steady progression of deposits?

The checking is going to be strange, because it should show money being moved in and out.

If you are self employed, how will you show evidence of being able to provide Health Insurance/care for 2 elderly parents also Health Insurance for your family.

Remember the CO looks at the big picture, not just a small moments in time picture.

[JimVaPhuong 4,863]

AND JIM TOTALLY OFF TOPIC but every time I see your Display pic I have to look at it your wife is lovely!!!!! lol

Thanks! I think she's beautiful every day, but on that particular day she looked like a magazine cover girl. The Vietnamese engagement ceremony is kind of a big deal, and she spent two hours with a makeup artist before we went to the temple. She had the same makeup artist before the party that afternoon. When we went down to the hotel lobby and she stepped out of the elevator in her white dress and tiara, and me behind her in my new tux, everyone in the hotel lobby stopped and gasped for a moment, and then began to applaud.