221G for lack of ongoing relationship evidence!!

[benuk 18]

If was the case that my son was living in Europe why in the world we would not have applied for DCF?

Edited October 17, 2012 by benuk

[Nich-Nick 3,353]

Nich-Nick thanks for showing up!! No I never gave my son address in Malta! When my son filled the petition he was in the US living in the US working and studying in the US up to the time my case got completed at NVC(he lived in Louisiana,worked in Louisiana,voter registration in Texas and drives licence from Texas)...soon after that he decided to come and see me and take a language course in Malta related to his studies! So he is simply studying in Malta for a few months...When she asked were your son lives? I answer he is at the moment studying in Malta!Now what he needs to do to proof that when he doesn't have a lease signed in his name? can he show the old ones?he still have a bank account in the US in Texas with his mother's address on it...the same on the voter registration and drive's licence! I was under oat so no lies I guess!

He left Louisiana end of August,stay 2 weeks with his mother in Texas then 2 weeks here in London and got in Malta by the end of September and start studying first week of October!

I haven't seen the applications, affidavit of support or know the entire story. So I'm going to comment, not against you, but how an outsider might see it. So don't think it's an attack, it's just things to get you thinking so you can make a plan. You don't have to answer. They are just rhetorical questions to get you thinking what you showed or what more you could have shown.

• Was your son's Affidavit of Support based on a job he no longer has?
  
• Was it based on cash assets inconsistent with a student? Does it look like you pushed a lot of cash his way to gain immigration benefits?
  
• There are inconsistencies with living and working in Louisiana, but driver's license and voter registration in Texas. By Louisiana law, he had 30 days to transfer his TX license to a LA license. His voter registration should be in the Louisiana parish (county) where he lives. Voting in Texas when he doesn't live there isn't the way to do it and is illegal for some local elections.
  
• Can he provide documentation that the language course has a specific start and end date and is two months long? Can he show how learning Maltese is important to his course of study? Or even Italian which is spoken there? Is he really just being a playboy hanging out on the beach? Did he book a return ticket with a specific return date that coincides with the documented end of the language course.
  
• Are you all born and raised British with no other ethnic background?
  

The lady didn't pick you out as somebody to be mean to. There is something that doesn't feel right that she needs to investigate. The people who do this job are actually very good at what they do and they have pretty good instincts. Look over everything with an objective eye and decide how you can best approach this. Right now it doesn't appear that your son has domicile in the US because he has no job or place to live and he's out of the country. Your case is different from a father going to live with his son, daughter-in-law, and the grandkids, who have lived in a home for 10 years with steady employment at the local WalMart. If you can't come up with a solid case of your son's domicile, then maybe you will need a new joint sponsor.

Edit to add: You are only eligible for DCF if your son had permanent residency in the United Kingdom, which he didn't.

Edited October 17, 2012 by Nich-Nick

[benuk 18]

I haven't seen the applications, affidavit of support or know the entire story. So I'm going to comment, not against you, but how an outsider might see it. So don't think it's an attack, it's just things to get you thinking so you can make a plan. You don't have to answer. They are just rhetorical questions to get you thinking what you showed or what more you could have shown.

• Was your son's Affidavit of Support based on a job he no longer has?
  
• Was it based on cash assets inconsistent with a student? Does it look like you pushed a lot of cash his way to gain immigration benefits?
  
• There are inconsistencies with living and working in Louisiana, but driver's license and voter registration in Texas. By Louisiana law, he had 30 days to transfer his TX license to a LA license. His voter registration should be in the Louisiana parish (county) where he lives. Voting in Texas when he doesn't live there isn't the way to do it and is illegal for some local elections.
  
• Can he provide documentation that the language course has a specific start and end date and is two months long? Can he show how learning Maltese is important to his course of study? Or even Italian which is spoken there? Is he really just being a playboy hanging out on the beach? Did he book a return ticket with a specific return date that coincides with the documented end of the language course.
  
• Are you all born and raised British with no other ethnic background?
  

The lady didn't pick you out as somebody to be mean to. There is something that doesn't feel right that she needs to investigate. The people who do this job are actually very good at what they do and they have pretty good instincts. Look over everything with an objective eye and decide how you can best approach this. Right now it doesn't appear that your son has domicile in the US because he has no job or place to live and he's out of the country. Your case is different from a father going to live with his son, daughter-in-law, and the grandkids, who have lived in a home for 10 years with steady employment at the local WalMart. If you can't come up with a solid case of your son's domicile, then maybe you will need a new joint sponsor.

Edit to add: You are only eligible for DCF if your son had permanent residency in the United Kingdom, which he didn't.

Thanks for your reply and I wouldn't take in a offensive way especially from you that is always trying to help as much you can here on VJ!

My son had a job at FEDEX in Louisiana on part-time bases because he was Studying Law since he finished Aviation High School in Seattle.

so the Affidavit of support didn't really count that much his salary so we got a co-sponsor!

No cash pushed on his way!

I agreed with you regarding living and working in Louisiana and Voter Registration and Drives Licence in Texas (honestly not sure if he transferred or not)I need to find out that from him and I will get back to you!

Actually is not learning Maltese and Italian(Who needs to speak Maltese..Lol)he is learning Arabic/International Relations and yes he should be able to provide dates! He is looking to work with the American Intelligence Service ...Do you know that inside the CIA only 3 staff members speak fluent Arabic out of almost 3.000?Playboy my son? not at all...!

Yes!! We are no Brits!! We are from Galicia (Spain)...my kids mother Brazilian background already a American Citizen!

What called my attention from the minute I walked to the first window was the comment from the staff member" You are a rare IR-5 because of your age! We don't have that many 45 years old IR-5...Yes I'm only 45 and my son 22 years old!! So obviously he should be studying instead of working at some WalMart! Grand kids no way Jose!

My son have a Spanish(double nationality) passport so DCF could had worked for us.We are already looking for that co-sponsor he doesn't have any employment at this moment!

When he applied on my behalf he was living and working and studying in Louisiana...He always had this Malta course on his mind since 2010!

Edited October 17, 2012 by benuk

[OrderofProtection 42]

Took a battering and a grilling at the interview, even got the "lifetime ban" tactic thrown at me.

Was re-called twice to the window!!

All I took was 4 additional photos to the ones submitted with the original petition, these were apparently "not demonstrative" enough though.

No tongue action I guess

So got the blue form for my trouble.

"You may be able to overcome a Section 221(g) refusal by submitting additional evidence to this office"

You must supply the following additional documentation -

Passport valid for at least 6 months after the expected date of entry to the US

Evidence of relationship, correspondence (cards and letters), emails, phone records etc demonstrating ongoing personal contact consistent with relationship

Down but definitely not out

Funny, this same thing just happen to us, and I even sent him lots of evidence, all that the CO just looked at and basically called rubbish.

How did yours turn out?

[Stu4Lee 66]

Sent them everything and anything could get hold of and were approved.

See post 68 of this thread.

[SiConnors 0]

Sent them everything and anything could get hold of and were approved.

See post 68 of this thread.

It seems like it must be entirely a matter of personal technique on the part of the Embassy person. I took a folder of stuff along this Wednesday and he never asked to see a thing.

[Jacque67 7,328]

My fiance and I communicate by e-mail, not Skype. Is it possible to print e-mails. (They are only 1-2 lines) Also I use "Phone Home" cards when I call him , so have no proof that I have phoned him. He uses Viber I think...

I probably won't see him until I get the K-1 visa, so won't have photos of us together, to add to the couple we sent for the petition.

I won't be having an interview until next year, but am worried about the recent problems at the London Embassy. Any advice for collecting evidence?

[Anna Grant 169]

This has worried me slightly, as we have mainly chatted using video calls through GMail. They don't have a log - just text chats do. So I won't be able to proove those. We have 100s of e-mails and text chats. Some of them quiet......er fruity? When we doing them, I never thought they might be used as evidence! Maybe I'll print off the cleaner ones - if I can find them. However, we do have loads of photos including one on official one on the glass floor on the Skydeck at the Willis Tower. It's also available online at the Skydeck site. I just hope this is all enough. I'm due to go back for Christmas - maybe I'll bring back some of the cards I've given him over the past year.

[Owen_London 65]

This has worried me slightly, as we have mainly chatted using video calls through GMail. They don't have a log - just text chats do. So I won't be able to proove those. We have 100s of e-mails and text chats. Some of them quiet......er fruity? When we doing them, I never thought they might be used as evidence! Maybe I'll print off the cleaner ones - if I can find them. However, we do have loads of photos including one on official one on the glass floor on the Skydeck at the Willis Tower. It's also available online at the Skydeck site. I just hope this is all enough. I'm due to go back for Christmas - maybe I'll bring back some of the cards I've given him over the past year.

That sounds amusingly like my list of evidence, even the Sears Tower photos (my fiance partly grew up in Chicago, so insists on calling it that). It should be enough evidence, but try to keep any envelopes with the dates franked on them for the cards.

Jacque, I'd suggest you take printouts of the emails, or at least the listing of emails between the two of you.