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USCNaples

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Posts posted by USCNaples

  1. I know... We spent soooo much time and money just to be told that we didn't have enough resources... I even wrote a letter with all my documents to the officer breaking down how I could have supported my fiancé for at least 5 years easily on what I have now(excluding income or cosponsor). I'm sure they didn't take the time to read it of course...please keep us posted. I'm meeting with USCIS in a few days to try to get some information on how this could have happened. I don't think the officer took the time to read through everything and consider each case.

  2. One's beneficiary is not entitled to a visa. One, as the petitioner, does not have a right to 'give or grant' a visa. While I certainly can understand the disappointment with not getting what one wants, at this point in time, the Government is the only entity that has the authority to legally grant admission of a person to the United States. That authority is exercised by well trained individuals that represent the Government. I DO NOT claim that those individuals can not make mistakes, nor do I claim that it is not possible for some of those individuals to fail to do their job in accordance with the laws, rules, regulations, principles and guidance that is the operating policy of the United States Govenment. I freely admit that I am not an immigration expert, HOWEVER, in the case in this thread (and in many others that I have read) it appears to me that the individuals denied did not meet the stated requirement that the Applicant prove that either the beneficiary [aka the applicant] or the petitioner [aka the USC] could financially support the beneficiary.

    The Counselor Officer isn't the only person involved in the decision making process and doesn't operate alone and in a complete vacuum.

    I agree that applicants have the responsibility of proving they have evidence. And I COMPLETELY agree that the Counselor Officer doesn't operate alone and in a complete vacuum. They are supposed to follow the regulations which are provided in the instructions of the packet. That's the whole problem.

    Weddings and marriages are something that people plan. It's in a sense the creation of a family. If someone provides all the evidence requested by the law and an individual still says that it's not enough, then they must be basing decision in something other than the law. If that is the case, what is it? I am an American citizen and I wanted to do this in an honest way. I provided more than the necessary evidence that my fiance would in no way become a public charge. We wasted so much money only to be told we didn't have enough! It's ironic that we will have a lot more expenses now that we have to continue to travel back and forth...and not having the comfort of rent-free living in an owned home that we could have had here.

    The word Consul means advice giving. Shouldn't they at least respond to emails or provide some information when people are paying 15 euro to make calls. Don't get me wrong, they Officers I spoke with seemed very nice and polite and I agree it's the system not the individuals, but shouldn't the system be more transparent. I would appreciate a clearer motive for our visa denial since it has shattered everything we have been planning for for a year. Shipping clothes, moving, changing jobs, visits and other things we have done to try to get ready for a life together.

  3. Hey guys, if you've been following our turbulent story (the newest update is that they reversed their refusal and are giving us 90 days to show proof of income!!! and I got a job!!!) you might understand my concern for making sure everything is right.

    First. Because my new job is 1hr away, I will be moving to an apartment close by. On all my paperwork I have my current address listed (family home). Can I leave this as my address (I would still consider this my "permanent address") and reduce the risk of being turned down because my job offer (which is what they are asking to see) is different than the address I am currently living (I would have to put one of these addresses on my I-134). I realize the chances might be low that this would happen, but any chance is a chance i'm not willing to take anymore.

    The apartment is on a 6-month lease and upon expiration we plan on moving out. I still will receive the bulk of my mail and other things (my CC's and stuff) at my family address.

    Secondly, our congressperson ( two actually ) sent us the correspondence letter from the vice consul who said she would give us 90 days from the interview date. I want to make sure though that this 90 days supersedes the visa petition expiration date, because 90 days is beyond the expiration date. We would like to schedule this before then, but I also want to come loaded with multiple paystubs on top of the employer letter and job offer.

    We were given a second chance and I showed my employment letter, which was more of a stipend since I'm doing my last semester of graduate school in Spring 2013, my affidavit with bank letters etc. showing I have $24,500 in the bank and my account increasing because I am not paying rent and use private tutoring for all my expenses, my co-sponsor's information showing 66k, my last three years including this one where I make 23k (I stopped working this year so we could move home and get married establish ourselves etc.) I have never been on government funding at all. Annnndddd... they denied us a second time even when there is no chance he can become a public charge. I provided the last 6 months of my bank statements to show that my account has a gradual increase. She told him specifically that they DO accept a co-sponsor, but didn't explain why ours didn't suffice (even though according to the I-864 it does)....

    Honestly, if I were you, I would file the I-864 along with the I-134 even though it's harder. If you are still going to use a co-sponsor have them file it too. Make sure all your co-sponsors provide you with their birth certificates and supplemental documents (letters from employer etc) on the I-864 form.

    I wish I had done this...it's too late for me, but hopefully not for you. I'm not even sure if this is good advice, but if I had another chance, this is what I would do. Since the consulate doesn't even respond to my emails, I have no way of knowing if this is the right thing to do. And yes that 15 euro line is completely worthless. It's a huge scam. They tell you that you have to email and then you email and they don't respond. God bless america...

    Also, how did you get in touch with the vice consul???? Nicely done!

  4. Could you provide the actual text of the denial or refusal form he received (was it a 221G or a flat denial, that could make a difference)?

    Based on what you relate, it doesn't make sense to have denied him, so I'm wondering if it's possible you simply were missing a particular piece of proof (e.g. did you include your birth certificate and the birth certificate of the co-sponsor? were all forms signed? that kind of thing...) and that you might be able to resubmit the evidence to gain approval.

    If it was something specific like that why wouldn't they just tell us that was all that was missing? Especially if we asked?

  5. Correction for last paragraph...I'm new, so I'm not sure how to edit posts...***

    **Also, I have worked issuing student visas before, so people who say that it's a hard job and it's our fault for not being prepared, I completely understand that visas have to be denied when they do not meet the guidelines. This is a completely different situation. This is not just complaining because we don't get what we want but something that effects our families and lives. The US has a reputation for adhering to regulations and it makes me sad when I see whatever kind of policy this is happening. Is there a quota for immigration and are visas being denied for another reason but they just want to continue collecting fee money?**

    Obviously I need guidance too. Sorry for the rant.

  6. Same thing pretty much just happened to my fiance in Napoli. We would have NEVER done the Fiance Visa if we knew this would happen. I have a job and make above what is necessary to support him but I only have been working for a few months as I was living the year before that with my fiance in Italy. Our joint sponsor also make more than double the amount of the 125 percent above poverty level. We are still pursuing it and I am going to my Congressman and if necessary we will hire an attorney. It is very deceiving and I am so very disappointed in this system. How do they expect me to now leave my new job and go to Italy, get married, return and wait the 1 to 2 year wait for the spousal Visa???? There has to be a better solution!!!

    The same thing happened to us today. I feel the same way. My fiance also asked the officer after she denied him: "But you accept co-sponsors?" the answer was simply "yes" even though the co-sponsor made above the guidelines and, according to the law, should have been accepted leading to a visa approval...I literally feel sick to my stomach.

  7. Hi sorry for the delay. I am the petitioner who will make an estimated 24K-26K a year. I included a letter from the company I work for on company letter head paper signed by the manager. It stated that my position was permanent and full time including my earnings per week. I also included 2 recent pay stubs. (I also have a small part time personal assistant job as well), however because I had only worked a few months here in the US and not a full calender year we in addition provided a joint sponsor. He has 2 children and his wife works part time. So total including my fiance that would be 5 people. The sponsor is a US citizen. He has worked at his company for 5 years. His gross adjusted income for 2011 was 65K. We submitted 1040s and w2s from 2010 and 2011. A recent pay stub. We also included a copy of his US passport and all necessary documentation- My fiance is in the military in Italy and has been so for 11 years. He has supported himself for more than 11 years and has never depended on anyone other than himself for support. I have contacted my local congressman and am considering hiring an attorney. We do not have much money but if we have to resort to the attorney then we will do so. I hope someone can help me understand this refusal. Or give some suggestions before we hire an attorney. By the way, the refusal was for public charge and it was on a white sheet of paper. Thanks for any help or guidance you can send our way!!

    The same exact thing happened to my fiance today. I have never had any government funding either. The US based co-sponsor makes 66K I have three years of 24K and 24,500 in the savings (and I'm not paying rent). Still not enough. Despite being enough according to the instructions and the law. Also, I tried to clarify with the consulate through email to make sure we were prepared but they didn't respond to any emails. We are in the same boat. Unfortunately, they denied us even when we showed more evidence. I'm not sure we even have a chance now. In fact I'm sure we don't have a chance. We've wasted over $1,000 on this only to be told we don't have enough money (even if the regulations say we do).

    Also, I have worked issuing student visas before, so people who say that it's a hard job and it's our fault for not being prepared, and have denied visas because they did not meet the guidelines. This is a completely different situation. This is not just complaining because we don't get what we want but something that affects our families and lives. The US has a reputation for adhering to regulations and it makes me sad when I see whatever kind of policy this is happening. Is there is a quota for immigration and are visas being denied for another reason but they just want to continue collecting fee money?

    Obviously I need guidance too. Sorry for the rant.

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