tackymonkey

I am happy to say that as of today ( just days after starting this post) that my husbands VISA was approved and received today via post!!!

So thank you to everyone for all of your help

Thank you folks :-) Let's hope you are right!

Review can be anything.

Recently another VJ'er commented that during their DCF interview the CO commented that there has recently been instruction out to the consular staff regarding the Affidavit of Support given the current economy. So this could be influencing your particular CO.

From what you say in your post it may be the newness of employment that is the question mark. With more time at the new postion and a few more paystubs that may relieve the CO's concerns of your spouse becoming a public charge. It would show that you will indeed have this income going forward.

Thanks Anh map, I hope you are right. But it was her kurt remarks and insolent behavior that gives me worry. My husband told me she did the same thing (yelling) at two previous people at her window. You would think she had the maturity to keep things professional no matter what she encountered prior.

So you think that is it then? That they are going to issue an RFE on more paystubs? She didn't issue an RFE, and they kept his passport. In fact they guy at the window before her told my husband everything looked great and he thought my husband would have the Visa inside seven days. So what is her problem and how much damage can she do?

Hello all,

I wish I could write here with better news, but my spouse just had his interview today in Frankfurt and we are really confused by the outcome.

I did not work last year...like many of us my employment sector was hurt by the bad economy (so we knew that would be an issue) but I went ahead of him to the US to take up my fantastic new job to prevent any "trouble" with sponsorship and even provided them with an offical employment letter and first paystub to seal the deal.

Well, my spouse must have gotten the most grumpy women there becasue she was rude from start to finish and at the end told him she was putting our case under "review".

Mind you, she even admitted to him that she could find NOTHING else other than the fact that my earnings were low last year. I even submitted previous tax years with high earnings!

We feel that she personally did not like him, so decided to make trouble, but that's besides the point and not the point of my post.

So can someone please enlighten me as to what "review" means after the DCF visa interview and how long its going to delay us? Days, weeks, or I am going to need to return to Europe and give up on the idea of moving my family back to the US altogether? becasue I'm so fed up that's what I'm about to do...

Ask yourself this question: how rediculous is it that I am being told, no you cannot move to take a new job with your spouse becasue you didn't have a a job last year!!!!! Sorry, that not what she said, she only said "review" but that is pretty much what she implying by putting us under "review" just for that. OMG!

And please, dont's even say the word co-sponsor ( been there done that) and we do not have one, period.

Thanks in advance for your help :-)

OK folks, I have questions about which address to use where…

I was so busy worrying about the financial part of the I-864 that I never bothered to look the other simple parts of the form. So I win the bonehead award today!!!!

Can anyone help with the following?

Preface: I have been living in Germany (and still am) with my husband for over a year now. I have German residency. I will be returning to the US soon (before his interview) and will then have a US address. But, until I go, how do I fill out the mailing and residential address portions of the form?

Part 2 #3 ) This is my husband the immigrant´s mailing address in Germany...right?

Part 4 #12) I am now living in Germany, but will be going to US soon while husband stays in Germany for his interview. Should I then use my German address here? I don’t want mail about his interview to come to the USA when it should go to him in Germany) Or, is this where I put where I’ll be living in the US when I go (like I did for the G325 or what ever that form was?)

Part 4 #13 ) This is my German address right, same as my husbands mailing address? The German address is where I have residence currently, so I’m guessing the German address is my "place of residence"?

By the way, I have put my domicile as USA (I figured that much is correct as I am returning for a job offer and still have a US bank account).

I just don´t want to put the wrong address somewhere and have it screw up the DCF process or raise red flags about my “domicile”

I am such a dummy….Arg

We filed in Denmark. Similiar situation. I couldn't use a co-sponsor so I had to go on my income. Luckily, I secured a job in the US before returning, but wasn't scheduled to start the job until only a few days before his interview. I just put in the income section what my income would be under the new job, and sent a letter from my new employer stating my start date and my salary. I assume this was sufficient because they never even looked at it during the interview, they just accepted what I put on the I-864 as prima facie evidence. In fact, I still have the original letter because my husband brought it back to the US with him

My advice, accept the job, then start and send a letter to your spouse from your employer, just in case, and list your income from the new job on the I-864. You shouldn't need to wait for a check stub, but if, in the end, they want it, they will just issue an RFE (request for evidence) asking for additional documentation, and you can submit it when you get your first check.

As a secong note. I hope that I as well am lucky like you and they don´t decide that becasue I´ve only had the job for a few days or maximum a few weeks that I don´t still have to wait and work even longer so I can then submit many months worth of paystubs and wait for my husband to come many months later

You can call your old jobs and ask for the dates you worked there. They should have that information.

well i had heard someone say once that there was a place you could get that information. 4-5 years ago I was the kind of guy who wouldn't take ###### from some lousy manager and i'd quit and get another job. the unfortunate thing is is that i was being a child and did this often. it was more me being a kid than them being an ####. even tho some of them were definitely asses. regardless, i had so many jobs i can't even remember them all. sometimes i go to a restaurant and realize, "hey i used to work here"! i think of it as funny now but it still isn't making this process any easier

I´d really like to know the answer to this too, I had trouble remembering exact dates for previous places I´ve lived...lol.

Anyway, I´m confused because when I was filling all this stuff out at the Consulate in Frankfurt (we are doing DCF) they told us that an "estimate" was fine if we couldn´t remeber everything. I just figured that current information was more important (current employment, current residence, etc.). But, then I see some on VJ are dotting every "i" and crossing every "t"???

Maybe for me it didn´t seem like that big of a deal because in the US we often put "estimates" on all kinds of things, resumes being one of them. Heck, in the US we even leave gaps unexplained on our resumes, as everyone just assumes you were unemployed, so why should you have to say it? But, in Germany, for example, they want to see every little detail on you resume from grade school to today. Including what you had for breakfast the morning you switched jobs. LOL.

Then again I´ve never listed my employment places for the US government before!! So I cannot tell what they are looking for, and I´ll bet since this whole process is run by human beings with differing opinions that this is likely a ####### shoot?

Sorry I am not more help. Hopefully, someone can provide a better answer for you. Guess I´ll know if I get an RFE.

Anyone else?

We filed in Denmark. Similiar situation. I couldn't use a co-sponsor so I had to go on my income. Luckily, I secured a job in the US before returning, but wasn't scheduled to start the job until only a few days before his interview. I just put in the income section what my income would be under the new job, and sent a letter from my new employer stating my start date and my salary. I assume this was sufficient because they never even looked at it during the interview, they just accepted what I put on the I-864 as prima facie evidence. In fact, I still have the original letter because my husband brought it back to the US with him

My advice, accept the job, then start and send a letter to your spouse from your employer, just in case, and list your income from the new job on the I-864. You shouldn't need to wait for a check stub, but if, in the end, they want it, they will just issue an RFE (request for evidence) asking for additional documentation, and you can submit it when you get your first check.

Hi there,

Great to hear your story!!!

Yes, that sounds exactly like my situation. I gave them a job offer letter with the initial I-130, but it was an offer letter rather than an "already employed" letter. Perhaps that´s why they said you "may need a co-sponsor" when I first filed (i.e. they have no proof I would actually begin the job unless I go to the US first). I am supposed to start on November 12th, and his interview is likely going to fall right on or just days after my start date based on our timeline.

So, you just stated the income for the new job on line 23 of the I-864 as "current" income with no mention that you had just started the job or anything else? Sorry for the rather dumb question, I just want to make sure I do this 100% right :-) I am so paranoid I´ll screw it up.

Also, I have already warned my future employer and they are wondering exactly what this "currently employed" letter should look like and say so they can draft one up. Any clues? I don´t want my employer to use words or statements that cause red flags.

Anyway, thank you kindly!

Hi,

Well I think for most consulates there is indeed a 'holding' process - whereby you can bring in the info they have requested (if that is what you mean) - I don't think they will throw your application out because you show up with, what they deem to be, insufficient proof of support - however then the decision on what is acceptable is completely in their court - which technically it is of course regardless.

They may request that you return to the U.S. and show x number of months of pay stubs before resubmitting your I-864 and to jump up and down three times.

I completely hear what you are saying about not wanting to be apart from your Husband, I would be exactly the same way and if in your shoes it would be a deal breaker in that I would not be willing to go to the U.S. without him (but hey, that's me : ) - so would be looking at every possible avenue.

That said, it would appear that without that job, your chances for denial are pretty good. So you have two choices:

- Have him go to the interview with your job offer and see if it flies, risking having them put even stronger stipulations on what you must do (ie: you return to the states, start the job and show us x number of pay slips, for instance)

- Go to the U.S. now, start the job and have at least a couple of payslips to show at interview time.

Neither is a great option - this is a toughie (as you already know).

I do wish you good luck though!

Arg, this process seems so arbitrary. Yes, I guess it is time for me to make a choice :-(

Thank you so much for all your help and support!

I think what happens - and this is just my personal opinion - is that they state what they want at the interview, or rather during the interview and they are not interested in backtracking and making another decision - ie: sure just 1 pay stub will suffice - or no you don't need and I-864a for the cosponsor's spouse that filed taxes with them etc etc

Tacky, you mention that the rate of denial seems to be running at around 70% right now - so are you saying that you have found that approximately 30% of the cases you have seen on VJ (with a similar job offer scenario) have been approved at the consulate?

It would seem, from their guidelines, that proof of a new job (actually having started working - not a job offer on paper) - at the interview stage (not after necessarily) may well be sufficient - of course as you know, all too well, it's completely up to the discretion of the CO.

From the Adjudicator's Field Manual - enforceable affidavits of support:

USCIS, however, may consider other evidence of income (e.g., pay stub(s), employer letter(s), or both), if (1) the sponsor establishes that he/she was not legally obligated to file a Federal income tax return for the most recent tax year, or (2) USCIS determines that the income listed on the Federal tax return for the sponsor’s most recent tax year does not meet the governing threshold.

In other words, if the sponsor’s current income is sufficient, it can establish that the Form I-864 itself is sufficient even if the tax return without any other documentation might warrant a finding that it is not sufficient. For example, if the sponsor recently started a new job (that USCIS is satisfied will likely continue) and the income from the job now meets or exceeds the legal requirement, USCIS may find the Affidavit of Support to be sufficient, notwithstanding information included in the transcript or copy of the tax return(s).

Hello Trailmix,

Thanks for the thorough response. And thank you for tracking down the very specific info. That pretty much nails it for me. I don’t think they want to backtrack either. And I don’t know what their holding process is or if they even have one that gives you time?? If they truly do want to only see you once and then it’s goodbye, then I think you are dead on right.

I can now clearly see it is really best to go ahead of your spouse BEFORE the interview and start your job so your spouse can supply a letter (at the interview) saying you are already employed rather than one showing future employment and then hope the CO decides in your favor IF you have no assets and no hope of a co-sponsor :-) Am I interpreting this right?

Yes, based on what I have found online (including VJ) it seemed to me that a few were squeaking by with this - granted I was not sure of the specifics of their cases. And, based on what the Frankfurt office told me, I "may or may not" qualify but they "couldn’t tell me until the interview" can be read one of two ways I suppose. Either the glass is half empty or half full :-)

But the info you have provided and the way you interpret it makes a lot of sense to me.

My only hope was to have my employer craft a letter saying “so and so is currently employed with us at x amount of dollars per year” so I could stay for my husbands interview to help him through it. But, I think this would be suspicious as how can I be working at a job in the US when I’m physically at the interview abroad (unless I said I flew back)?…lol. I wonder if this will work, or should I just admit defeat on go on the US to start my job? Arrg So I guess it’s fly away now and begin the job before his interview or risk being eaten

Hello....

I have a question.. so I went to Frankfurt on Monday and filed the Petiton I-130. I ve received a Case Number but there are no Letters in Front..just 10 Numbers.... ! How long will it take until I can see the Case Status online ? or can I not check this because I filed DCF ????

I know there should be WAC, LIN, EAC, or SRC in front of the number...

maybe someone can help me out.. that filed through Frankfurt as well..

thanks ...

Katja

For that matter, is there any other recent I-130 filers going through Frankfurt? Role call :-)

Hello....

I have a question.. so I went to Frankfurt on Monday and filed the Petiton I-130. I ve received a Case Number but there are no Letters in Front..just 10 Numbers.... ! How long will it take until I can see the Case Status online ? or can I not check this because I filed DCF ????

I know there should be WAC, LIN, EAC, or SRC in front of the number...

maybe someone can help me out.. that filed through Frankfurt as well..

thanks ...

Katja

Hi,

I filled in person through Frankfurt on September 21st, 2009.

I still have yet to receive either a case number or an approval. All I got was the pay receipt you get for filing the fees, but I did not see anything on there like a case number nor have I seen anything on their website indicating that Frankfurt has a "system" in place for checking your status.

From what piece of paper did you get this 10 digit number? I have nothing like that and I filled in person. They just sent me off with a sheet telling me that it normally takes “90 days” and so on and such forth, and blah, blah, blah. There is a 7 digit number on my cashiers receipt, but I know that cannot be what you are referring to as this is only for the cashier’s office and not a tracking number. I thought as well that there is no way to track a DCF?

Please keep us posted about any information you uncover. I will do the same as we are running along a pretty close timeline together with the same consulate :-)

I wonder myself too...

They didn't even take a look at the job offer letter and other proofs (flight ticket, domicile). All other papers were fine, no question, they only had problem with the Affidavit of Support, because as they said "foreign earned income doesn't count". All of us (my husband, our son and me) were up in Dublin at the interview.

I called them regarding my return to Hungary and I also mentioned that my husband is working but nothing has changed. Everybody says that the Irish Embassy is an easy one, but I don't agree with that. They kept my passport, because they assumed we can get a sponsor immediately, and we were told that as soon as they receive the sponsor's Affidavit of Support they will send my passport back with the visa in it. Now I have to write a letter and ask for my passport if I want to go back to Hungary. But I will call them next Monday and will ask about the payslip again. We NEVER give up, it has to be some other solution which is more appreciate. Hopefully it's just a misunderstanding between the Irish consulate and us.

Hi,

First off. Take a look at this website link for the London Consulate.

http://www.usembassy.org.uk/visaservices/?p=953

It applies to both of our situations. Note that the consulate tells this man directly that a copy of only his first pay stub (not the first six months) IS sufficient to satisfy their needs for the I-864 as "current" income (I-864 line #23). I would ask them this before you have them send back your passport and leave. I’m afraid if they give you back the passport it might cause further delays for you or even force you to re-file? Don’t take my word on that I am a newbie here. Someone else here could better answer that question?

- Does anyone here know if your first pay stub was sufficient after going to the US, or do you need to submit 6 months worth as the instructions on the I-864 suggest? I would like to know the answer to this question for both your sake and mine.

If that’s true, then this implies a ridiculous and automatic six months separation from you spouse (which would technically cause you to loose your foreign residency in the foreign country) and thereby eliminating your ability to file DCF as a foreign resident in the first place. How ridiculous. That’s a catch-22. I hope I am wrong.

Hi,

We are pretty much in the same situation, but my husband made well over the poverty line in Ireland and had a job offer letter which confirmed that he could start between Augustus 31 and November 02, because they understood our situation. My interview was on the 29th of September (Tuesday), my husband left on the 2nd of October (Friday) and started to work on the 5th (next Monday). So, he is working and seeking for a co-sponsor in the State while our 3 years old son (USC as well) and me are still in Ireland and waiting for my visa. I'd like to go back to Hungary until he will find someone, because I am a Hungarian national, but this is another question.

They ignored the job letter (didn't want to see it not even the purchased flight ticket) and our situation that we have a little fellow. They kept saying we need a co-sponsor. Now we know, it would have been better if he just hop on a plain and starts to work in September before my interview but we just didn't want to be apart.

I don't want to scare you, every consulates are different (hopefully in Germany they are more sympathetic). I just like to share our experience.

So I agree with that: go to the States, and get a letter confirming your "current" employment as you said, but before you go it's worth to ask them first. I suppose they know your situation and they'll be willing to make a new letter, it doesn't cost them anyway.

If your spouse get an interview date after your official work start date, I would definitely go back and start to work. As *Dakine* said "it will make a big difference". You might be lucky and be able to show payslip as well.

Hopefully everything works out good for you. Wish you all the best!

Hi Tiborrt,

After scanning your post a second time I have a question for you. You mentioned that your husband will be starting soon at work (Monday) and will then have proof of employment but the Irish consulate is STILL asking you to find a co-sponsor even though your husband could just submit a paystub instead prooving current employment? I wonder why that is?

Hi,

We are pretty much in the same situation, but my husband made well over the poverty line in Ireland and had a job offer letter which confirmed that he could start between Augustus 31 and November 02, because they understood our situation. My interview was on the 29th of September (Tuesday), my husband left on the 2nd of October (Friday) and started to work on the 5th (next Monday). So, he is working and seeking for a co-sponsor in the State while our 3 years old son (USC as well) and me are still in Ireland and waiting for my visa. I'd like to go back to Hungary until he will find someone, because I am a Hungarian national, but this is another question.

They ignored the job letter (didn't want to see it not even the purchased flight ticket) and our situation that we have a little fellow. They kept saying we need a co-sponsor. Now we know, it would have been better if he just hop on a plain and starts to work in September before my interview but we just didn't want to be apart.

I don't want to scare you, every consulates are different (hopefully in Germany they are more sympathetic). I just like to share our experience.

So I agree with that: go to the States, and get a letter confirming your "current" employment as you said, but before you go it's worth to ask them first. I suppose they know your situation and they'll be willing to make a new letter, it doesn't cost them anyway.

If your spouse get an interview date after your official work start date, I would definitely go back and start to work. As *Dakine* said "it will make a big difference". You might be lucky and be able to show payslip as well.

Hopefully everything works out good for you. Wish you all the best!

Yes, sounds very similar :-) So sorry for your situation :-(

Thank you so much for posting!!

and I am starting to see a pattern here that tells me that either a letter stating I am "currently employed" (rather than future employed) or returning before him to start my job might be the only two ways. I am scared that if I take a chance with the consulate it MIGHT work out, but the risk of denial seems to be running at about 70% right now. The UK consulate website also has advice alone these lines. Can´t find any from Germany. The gambler in me wants to take the chance, but I think that I don’t want to gamble on my husband´s Visa.

If anyone else has any first hand experiences with this job offer thing via DCF (especially from Germany) I´d love to hear about it.

Could you get a "renewed offer letter" of sorts for him to take to the interview? So that they know the offer still stands. I don't know about postponing the interview. Darn. You might want to contact other VJ members who have done DCF in Germany and see what they say.

and ask as much as you need to, that's what this site is about.

Thank you :-)

Yes, postponing is not ideal.

I was thinking about that as well. Perhaps a letter confirming my "current" employment rather than one stating a future start date might be good. I could rush that to him via email within days of arriving (without infringing on an interview date) as a scan from the US, but it will not be an original document of course. I don´t think I could get it from them without going ot the US and starting first though...lol :-) I wish I could. I suppose it doesn´t hurt to ask.

If this new letter says something like "so and so has been hired by us at the salary of x amount of dollars per year" rather than what I have now.

The letter they have now at the consulate has a start date, salary, and is a sort of "welcome aboard" letter from the employer

Go back to the US a start the $50,000 job. If you are already working it will make a BIG difference.

You will be solid with domicle then also.

Hi, thanks :-) That is my plan. But I don´t know if my job start will produce a paystub prior to his inteview which I´m guessing will be in Mid November and my start date for the job is also mid November.

Do you mean delay his interview until after my official work start date, and then send him to the interview armed with and I-864 showing "current" instead of future income (as it will be now)? I hope I have you right? I wonder If I can do that after I arrive in the US and begin work but before I get issued a first paystub (and just state that it is present income), or if I have to wait until after I get paid and then scan the paystub and email it to my spouse to take to his inteview?

I do have an offer letter already that I submitted along with our initial I-130 application and acover letter stateing the circumstances

Sorry for all the questions

Hi there. In our case, we did have a joint sponsor. However, from what little I see in your post, the job offer should be enough, since this will put you over the poverty limit. Personally I don't think they would deny you, since the job offer is in the US (shows intent to re-establish residence) and the amount is way over the poverty lines. Then again, I am not always right (just don't ell my husband )

Thanks for the rapid reply Len, I certainly hope you are right :-) I have had some bad luck the last year, the economic down-turn has made it hard for all of us to stay employed I´m sure :-) Ug!

Greetings to all,

First, thanks for all the info I have gathered using this site. It is greatly appreciated!! I read many posts but cannot seem to find consensus, as it seems we are subject at times to the whims and individual discretion of consular officers regardless of the "official" rules. I am getting conflicting information because of this.

I have a couple of questions I am hoping someone here can answer??

First some background: I (USC ) filed my I-130 DCF in Frankfurt on September 21st, 2009 for my spouse. When we filed in-person in Frankfurt the consular officer told me that based on my info, we "may need a co-sponsor". Then a second consular officer told me (on that same day) that sometimes they do approve based on a job offer alone, but I would not find out “until the interview”. So I wrote the Consulate again this week, and again got the response of “wait until the interview”

Let me preface this entire thread at this point by saying a co-sponsor is 100% impossible for us and we have zero assets. I also realize that the “rules” state a job offer is insufficient to fulfill the I-864.

Here is my situation:

Income 2006 = 13,856 , Income 2007 = 31,200, Income for 2008: $5,341 (due to job hunting and unemployment),

Now: I have a job offer in the US that will pay 50,000 per year.

Mostly importantly, we have zero assets. This job offer is the reason we would like to return to the US. Remember again, we have no chance at a co-sponsor...period. So, assets and co-sponsor are a no-go. This means we have to qualify on my income alone.

So my questions are as follows:

1) (The obvious) have any of you been approved (at the discretion of the officer) on a job offer alone?

2) What if my spouse goes to the interview and is denied based on not fulfilling the "current income" requirements of the I-864? What happens then???? Do the hold on to his file and give me more time. I’ve heard of some people going back to the US first, working and then supplying a copy of their first paycheck? But, I’m wondering, will my situation result in circumstances that will delay my spouse’s processing for a year or more if denied at the consulate?

I am so confused and worried that my spouse will be denied after I have returned to the US and I will not be abroad with him anymore to help. Even worse, that he will never be able to follow me to the US just because I didn’t make enough money last year. It seems to me after what I’ve been reading online that it’s a big risk for my spouse to be denied at that the interview and this can possibly result in his file being sent to some beaurocratic monstrosity on the US mainland and out of the hands of consular filing that can prevent him from joining me for a year or more.??? Am I misunderstanding this? Do they give me a chance to prove our case after the interview or not? Or are they just extorting me for cash in the form of fees first and I will surely be denied anyway?

What are my options? What can potentially happen at the interview? Finally, what would be the quickest way for me to fix the situation after a denial at the interview? I have to leave for the US by mid November to start my new job.

Any advice?