i130 : if I get rejected, can I apply again?

[SCOREAU 36]

Hi, all. I am about to arrange the medical and then the interview, as a spouse of a US citizen living in uk for last decade. My question is, my wife has not filed tax returns to the IRS since she's been here - and didn't earn enough to pay taxes prior to that (in the usa ). She is going to provide me with her P60s from her employer and they will show that her income has been low, being part-time. If I just turn up at my interview and show them her earnings, will they just reject the application ( barring other reasons - although I have prepared very well for all the other facets of the paperwork I need, I feel )? Would it mean, also, that my hopes for moving there will be quashed for good, or have we got the possibility of coming back/ keeping the application open in some way?

We are thinking about my wife going over, and I support her until she's settled and in a job etc. We have a daughter, born in usa, but been here since 6 months old, so want to do the best for her as well obviously. It's all very difficult, and I don't know the best way to do it, and possibly prejudice future attempts if I pursue this original one.

Thank you for any advice given. It is appreciated.

[aleful 1,905]

hi

 

she had to provide a joint sponsor, so if the joint sponsor is fine you'll be approved, regardless of her income

 

if she didn't make enough, she needed a joint sponsor and I'm assuming she did or you wouldn't be at the interview stage

 

 

[Crazy Cat 41,975]

1.  She must either file her back taxes OR she must explain why she wasn't required to file......regardless of her location.....

2.  She must be able to demonstrate US domicile.

3.  She MUST provide an I-864 as your primary sponsor.

4.  She must either show CURRENT income after re-locating back to the US to sufficiently support you based on family size or she must provide the financial documents (I-864 and supporting documents) for a willing, qualified US sponsor to serve as Joint sponsor.

Sometimes, the US citizen returns to the US first as you described.

 

 

[SCOREAU 36]

4 minutes ago, aleful said:

hi

 

she had to provide a joint sponsor, so if the joint sponsor is fine you'll be approved, regardless of her income

 

if she didn't make enough, she needed a joint sponsor and I'm assuming she did or you wouldn't be at the interview stage

 

 

I'll clarify. I would retire and the assets of my pensions and property here are well over the poverty line requirements ( $26662 x3 ). Basically, it's all based on my assets here., i864 filled out ready.

[Crazy Cat 41,975]

2 minutes ago, SCOREAU said:

I'll clarify. I would retire and the assets of my pensions and property here are well over the poverty line requirements ( $26662 x3 ). Basically, it's all based on my assets here., i864 filled out ready.

The consulate officer looks at the whole financial picture when considering the public charge issue.......

[SCOREAU 36]

5 minutes ago, missileman said:

The consulate officer looks at the whole financial picture when considering the public charge issue.......

I know that much. I would basically turn up with everything and provide her last 3 yesrs' income ( she was a homemaker before that ), and all I can say is she didn't earn enough. Whether that will be acceptable, I'm at a loss - and wondering whether it's worth my even going. Even if she goes over, and settles, and then I follow, the issue of her non-filing is still a spanner in the veritable works.

[gregcrs2 1,778]

Someone correct me if I am wrong but I think required assets located outside the US are at 5:1 rather than 3:1

Edited June 15, 2019 by gregcrs2

[SCOREAU 36]

2 minutes ago, gregcrs2 said:

Someone correct me if I am wrong but I think required assets located outside the US are at 5:1 rather than 3:1

It's 3. It's listed under exceptions. I thought it was 5 but read this. Either way, we'll meet it.

[gregcrs2 1,778]

Well, you can only provide what you have.  May as well go through the motions with the interview.  At least if it gets rejected, your wife will know you did all you could.  As you stated in previous posting, you would rather stay where you are.  

[SCOREAU 36]

Just now, gregcrs2 said:

Well, you can only provide what you have.  May as well go through the motions with the interview.  At least if it gets rejected, your wife will know you did all you could.  As you stated in previous posting, you would rather stay where you are.  

Thanks for that. My first post was done whilst in a very stressful state. My wife is desperate to move there, and I am keen to see it happen. The subject of her student debt doesn't faze her; she says loads of her friends etc over there are in the same boat. I feel bad for her, and have had a few days to ponder. Life's too short, and I don't want to subject her to a what if situation. If it gets rejected, then at least I know I tried, which is sonething. Having thought long and hard, I am ultimately willing to give it my all, for her. If we get there ( together ), and we are financially ruined by her student debts legacy, then at least I'll have the confort of knowing I gave her my all.

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[carmel34 3,638]

If your fear is that the visa application ends if you are denied at the interview, it does not die with a spousal visa like with a K-1 denial.  If the reason for rejection is financial, you will be given the opportunity to submit more documents, get a co-sponsor, your spouse may have to move to the US and get a job that earns enough to satisfy them, whatever they ask you provide.  So if you really want to get approved after a denial you should be able to if you want it badly enough.  Then you'll have a decision to make whether or not to go because of your wife's outstanding debt in the US.

[SalishSea 17,916]

8 hours ago, SCOREAU said:

Hi, all. I am about to arrange the medical and then the interview, as a spouse of a US citizen living in uk for last decade. My question is, my wife has not filed tax returns to the IRS since she's been here - and didn't earn enough to pay taxes prior to that (in the usa ). She is going to provide me with her P60s from her employer and they will show that her income has been low, being part-time. If I just turn up at my interview and show them her earnings, will they just reject the application ( barring other reasons - although I have prepared very well for all the other facets of the paperwork I need, I feel )? Would it mean, also, that my hopes for moving there will be quashed for good, or have we got the possibility of coming back/ keeping the application open in some way?

We are thinking about my wife going over, and I support her until she's settled and in a job etc. We have a daughter, born in usa, but been here since 6 months old, so want to do the best for her as well obviously. It's all very difficult, and I don't know the best way to do it, and possibly prejudice future attempts if I pursue this original one.

Thank you for any advice given. It is appreciated.

Is the petition already approved?  I got the feeling you were just starting the process.

[SalishSea 17,916]

7 hours ago, SCOREAU said:

If we get there ( together ), and we are financially ruined by her student debts legacy, then at least I'll have the confort of knowing I gave her my all.

She should do the right thing, and begin her debt repayment.  

[SCOREAU 36]

2 hours ago, Jorgedig said:

Is the petition already approved?  I got the feeling you were just starting the process.

I am st the medical/final interview stage