My wife was wrongly denied - what can I do?

[CIrcle110 10]

Hi all,

I'm not sure where to turn.

We are here in Ciudad Juarez, Mexico and they just denied my wife her residency and cancelled her tourist visa so she can no longer enter the US.

They denied her for financial reasons. The jerk only looked at my 2013 taxes and that year I earned plenty enough for life in Mexico (where we lived until late last year), but it was just below the 125% of the US poverty level, which they require. I wasn't at all worried about my 2012 income because I now have a job earning over $50,000 per year. Plus, you can qualify simply by showing assets and I have several times the amount of assets required to qualify but the jerk refused to even look at my assets. I have $250,000 in just one investment account alone. Insane

I went back to talk to them and they basically said, "too bad, the decision has been made".
I told them that the decision was wrong but they wouldn't even look at my paperwork. I made too little in 2012 and that's all that matters - not what I make now, nor what I have in assets.

I had recent paycheck stubs and even an employment letter from my employer but he refused to look at any of it.
I rechecked the State Department website and it is very specific as to what assets are accepted and what quantity is required and I am so far beyond it it's ridiculous.

I have to go back to the US for my job and they cancelled my wife's tourist visa so she can't go with me now.

What can we do??? This is plain stupid.

Thanks for any help.

Michael and Miriam

[christeen 966]

Did they give her a form or checklist? What was written on it?

[bdrew612 1,071]

Can you find a joint sponsor? Usually when the petitioner is below 125% FPG, they just ask the petitioner to find a joint sponsor that income qualifies.

[CIrcle110 10]

>>>Did they give her a form or checklist? What was written on it?

Yes, they are asking for documents of solvency of a new sponsor.

It is basically a resubmission of the I-864 with a new sponsor added on to it and a contract signed by that sponsor.

I really don't want to ask any friends to put their finances on the line. Especially when it shouldn't be required.

Edited March 25, 2014 by CIrcle110

[CIrcle110 10]

Can you find a joint sponsor? Usually when the petitioner is below 125% FPG, they just ask the petitioner to find a joint sponsor that income qualifies.

Maybe; I'm not sure.

I don't want to go that route if I can avoid it.

But the ridiculous thing is that I am way beyond 125% FPG and way over-qualify in assets as well.

[Darnell 8,478]

as to assets -

if that was a retirement account,

then you have to show a page of computations that shows the actual value

if the account was liquidated today,

showing penalties from the investment house

and

the irs penalties as well.

if it wasn't a retirement account, then I suggest that the Vice-Consul got it wrong.

Still, you gotta do what they say, if'n you want yer wife here

or

have a great intake at the Consulate with a Vice-Consul during 'American Citizens Service' appointment.

[bdrew612 1,071]

Did you just submit 2012 and 2013? I believe the NVC website asks for 3 years. I don't know why, because if you were making more in 2011 than 2013, that doesn't really help now (in the eyes of the person reviewing the forms, I'm assuming).

Anyway, can you get a letter from your new employer verifying your income? I would re-submit the last 3 years along with the employment letter and see if that's enough. If not, then you'll need to get a joint sponsor.

[CIrcle110 10]

as to assets -

if that was a retirement account,

then you have to show a page of computations that shows the actual value

if the account was liquidated today,

showing penalties from the investment house

and

the irs penalties as well.

if it wasn't a retirement account, then I suggest that the Vice-Consul got it wrong.

Still, you gotta do what they say, if'n you want yer wife here

or

have a great intake at the Consulate with a Vice-Consul during 'American Citizens Service' appointment.

It was not a retirement account. It was just a regular investment account so, yup, the Vice-Consul got it wrong.

What is this 'American Citizens Service' appointment?

[dwheels76 5,459]

Are you sure that embassy takes assets. Not all do. It's to the discretion of the CO.

I know many embassies do look at past and current but for them to look at 2 years ago negate 2013 and current is weird.

You need to beat the doors down of the embassy and talk to Vice Consulate like Darnell stated.

Time to pull out the American Citizen card. They have to allow you in the embassy when you request it. If need be just say "US citizen in distress." they will get you in ASAP.

Really sorry.

[CIrcle110 10]

Did you just submit 2012 and 2013? I believe the NVC website asks for 3 years. I don't know why, because if you were making more in 2011 than 2013, that doesn't really help now (in the eyes of the person reviewing the forms, I'm assuming).

Anyway, can you get a letter from your new employer verifying your income? I would re-submit the last 3 years along with the employment letter and see if that's enough. If not, then you'll need to get a joint sponsor.

Yup, I submitted a letter from my employer plus paycheck stubs. He refused to even look at it.

I lived in Mexico for the last 5 years, so my income was in the high teens all of those years. I only started the new job in the US in January since we are moved there. (She has been there with me on her tourist visa in the meantime).

I haven't filed 2014 taxes yet because I wanted to do a married filing jointly this year. I already got an extension to await my wife's SS#.

I may have no recourse but to find a joint sponsor. I just didn't want to ask anyone to do that.

By the way, thank you all so much for the quick replies. We really appreciate it at this unexpectedly stressful time.

[dwheels76 5,459]

Yup, I submitted a letter from my employer plus paycheck stubs. He refused to even look at it.

I lived in Mexico for the last 5 years, so my income was in the high teens all of those years. I only started the new job in the US in January since we are moved there. (She has been there with me on her tourist visa in the meantime).

I haven't filed 2014 taxes yet because I wanted to do a married filing jointly this year. I already got an extension to await my wife's SS#.

I may have no recourse but to find a joint sponsor. I just didn't want to ask anyone to do that.

By the way, thank you all so much for the quick replies. We really appreciate it at this unexpectedly stressful time.

So the 2013, 2012 and 2011 income wasn't US based income? And the new job of just 3 months is in US?

[CIrcle110 10]

So the 2013, 2012 and 2011 income wasn't US based income? And the new job of just 3 months is in US?

Yes, all income including the new job in the US is US income.

The 2013,2012 and 2011 income was low - in the high teens. I was living in Mexico during those years and would go back to the US 2-3 times a year to do projects for my clients and earned enough, combined with the interest on my investments, to live comfortably in Mexico. I was made a "too good to turn down" job offer (that $50k per year is for only working less than half time) so we decided to move to the US. I never expected these problems.

Update:

I just went back to the consulate and they told me to return in the morning - because it's too late today - and basically "pull the American card", as dwheels76 said, and insist that I speak with an official.

They also told me how to lodge an official protest in Washington but I fear that that would take longer than trying to find someone to be a joint sponsor.

I'm just not comfortable with asking a friend to do something like that.

[JTB11 1,079]

Update:

I just went back to the consulate and they told me to return in the morning - because it's too late today - and basically "pull the American card", as dwheels76 said, and insist that I speak with an official.

They also told me how to lodge an official protest in Washington but I fear that that would take longer than trying to find someone to be a joint sponsor.

I'm just not comfortable with asking a friend to do something like that.

I understand you might not be comfortable but you did say that you have enough money to support her so just think of it (or try to) as a formality ? Your friend would know that too I am sure....as crappy as the situation is, you know that this is not a matter of not having enough money and what not...they are just being a pain about it so let them have what they want and move on, start your happily every after

good luck !

[CIrcle110 10]

I understand you might not be comfortable but you did say that you have enough money to support her so just think of it (or try to) as a formality ? Your friend would know that too I am sure....as crappy as the situation is, you know that this is not a matter of not having enough money and what not...they are just being a pain about it so let them have what they want and move on, start your happily every after

good luck !

Thanks JTB, I get what you are saying.

It's just all rather bizarre. We've been married for 5 years so it's not like I'm taking her there to start our life together; we are moving because I got offered an excellent job that was financially enticing enough to bring me out of "retirement". Ironic.

[Boiler 43,429]

What did you show to substantiate your current income?