CR-1 Interview

[danotoriusodo 0]

My wife, who is applying for a CR-1 visa, was told by the consular officer yesterday that I couldn't provide for her and we need to schedule a new appointment and get a co-sponsor when I earn 4 times the 125 percent of poverty level for 2 people for 2011 [~$18K] per the I-864P. Can we sue them based on the inaccurate assessment which is now causing more delays for the additional money we will have to spend now for another appointment (ie plane tickets, hotels, appt fees, taxis, food, emotional damages)?

Thank you very much for your help.

[Deputy Purple 1,294]

No.

[danotoriusodo 0]

And why is that? can you please give me an explanation because isn't it false grounds? I mean what's the point of having guidelines for the I-864 if they aren't followed?

[Done--Really 331]

Are you out of your mind !!! The circumstances under which you can sue the government for anything are very unique ...don't waste your energy on something so remote and focus on getting it fixed--you are in control of that, and there is no way to sue the government for your inconvenience.

[kkhdadh 0]

Do you have a job? Are you earning at all? I am concerned because my husband didn't have a full time job last year, just part time. But now he does and we also took joint sponsorship. I wanna be sure that's enough. Could you please be more specific about what your case is and what exactly happened? Thanks so much!

[Lytha 2]

why did they even approve you for all the previous paperwork than anyway?

[rodceasar 34]

Not earning enough and approval of paperwork don't have a direct correlation. You're approved based on the validity of the application by USCIS. The CO can handle your case as they deem fit and of course, send you through major hang ups if they are not certain of your not being a public charge or if the relationship is suspect.

I would assume that, at least 1/4 or more of the people applying for visas run into these obstacles. My wife was approved at her interview, however it was done through very careful preparation and reserach. Even the CO stated that most people do not get a visa on their 1st time or 2nd around and I should consider myself lucky to have been so well prepared. Point is, move on and tryy to bring your loved one home because you don't want to cause issues at this point which will not work in your favor...

[Lytha 2]

Not earning enough and approval of paperwork don't have a direct correlation. You're approved based on the validity of the application by USCIS. The CO can handle your case as they deem fit and of course, send you through major hang ups if they are not certain of your not being a public charge or if the relationship is suspect.

I would assume that, at least 1/4 or more of the people applying for visas run into these obstacles. My wife was approved at her interview, however it was done through very careful preparation and reserach. Even the CO stated that most people do not get a visa on their 1st time or 2nd around and I should consider myself lucky to have been so well prepared. Point is, move on and tryy to bring your loved one home because you don't want to cause issues at this point which will not work in your favor...

Im guessing a lot depends on which country you're from too..

My husband is army, about to get into basic and he makes well over poverty line, its 'future money', but the signed contract has him in for well over 3years.. - and we have a cosponser making well over it aswell.. i think i am good when it comes to that ...?

[OnMyWayID 1,489]

My wife, who is applying for a CR-1 visa, was told by the consular officer yesterday that I couldn't provide for her and we need to schedule a new appointment and get a co-sponsor when I earn 4 times the 125 percent of poverty level for 2 people for 2011 [~$18K] per the I-864P. Can we sue them based on the inaccurate assessment which is now causing more delays for the additional money we will have to spend now for another appointment (ie plane tickets, hotels, appt fees, taxis, food, emotional damages)?

Thank you very much for your help.

You should concern yourself with getting your wife here and then worry about righting the past wrongs... From your post you make around 75K. There must be other factors that went into the decision you have not mentioned.. Like you are paying hefty hefty child support/alimony or recently lost your job or making much of your money under the table.. They would not willy nilly turn you down at that pay rate - If I asked the person that performed the assesment what would they tell me is the reason?

Edited September 27, 2011 by OnMyWayID

[danotoriusodo 0]

You should concern yourself with getting your wife here and then worry about righting the past wrongs... From your post you make around 75K. There must be other factors that went into the decision you have not mentioned.. Like you are paying hefty hefty child support/alimony or recently lost your job or making much of your money under the table.. They would not willy nilly turn you down at that pay rate - If I asked the person that performed the assesment what would they tell me is the reason?

That's exactly what I'm planning on doing. I'll play their game for now and get a co-sponsor if need be. Then after all is taken care of, sue them. My wife is a lawyer and specializes in administrative law and believes full well that we have a case. They also dated the form she got back asking for a co-sponsor wrong. You are right about my salary, I make roughly 75k per year. I'm only 28 yrs old and never been married before. They have my W-2 from last yr, a letter from my current employer and my most recent pay stubs. I don't make any money under the table or have any investments for that matter. The NVC signed off on everything. I worked in Colombia in 2009 so I was exempt from paying US taxes and my income for that year, while I was single, was ~$40K. So what's the point of the I-864P guidelines if they aren't followed. Can't I sue on that basis because that's the reason they gave my wife?

[danotoriusodo 0]

Are you out of your mind !!! The circumstances under which you can sue the government for anything are very unique ...don't waste your energy on something so remote and focus on getting it fixed--you are in control of that, and there is no way to sue the government for your inconvenience.

My inconvenience? The I-864 was approved by the NVC, the poverty line for 2 people is ~$18K and I make ~$75K. The basis for asking for a co-sponsor was that I don't earn enough. If they can't do math and make her come back for a false assessment, how would I not be able to sue them?

[Done--Really 331]

You are simply not telling us the whole story--you did not get rejected solely based on income--there is more to it than that.

[danotoriusodo 0]

You are simply not telling us the whole story--you did not get rejected solely based on income--there is more to it than that.

What reason do I have to lie to you? She told my wife that I earned too little to support her. She didn't have common sense. She told my wife the year that I lived in Colombia, 2009, I didn't earn enough. The reason she didn't understand was because my 1040 had no taxable income for the year (my wages on ~$38k were listed on line 7 but deducted on line 21), due to the fact that I had also filed Form 2555 because my income was tax exempt in the US. I also provided a letter along with my tax return explaining that I lived in Colombia, earned my salary there, the amount I earned and that it was tax exempt. The NVC understood it. This incompetent consular officer couldn't. Therefore, it was a false assessment. For 2010 on legally on extension and have provided Letter 1722, my extension form, my W-2's, employment letter and pay stubs because I worked the full year in the US.

[Done--Really 331]

Chill !! Not suggesting you are lying. It's time to take corrective action and stop fuming about how you were wronged and going to sue someone later. What a waste of good energy that can be used to solve the problem.

Well, foreign income doesn't count anyway, so you could have made $1 million and it wouldn't matter unless the source of income continued after you were back in the States. I'm not 100% sure what you are saying about 2010--are you saying you filed for an automatic extension to file and if you did, then the DOS web site says you MUST supply the 2009 return which you did, but it didn't have any US income--see where I'm headed here?? And exactly what did you supply to show projected income for 2011--is that the employment letter and pay stubs??

It's a little tricky, and while you should have been able to get through it, it was probably more than your wife could explain--maybe??

Edited September 27, 2011 by magical

[Done--Really 331]

Aha...as I thought some more, IRS 1722 isn't the norm--all it says is that you didn't file. The more normal approach would be IRS 4868 which is the automatic extension. You made a tricky situation worse by not taking the path that is specifically laid out in the directions. And don't blame NVC--they only take a cursory look at things--I think much of this falls into your lap by not following the guidelines 100%, and maybe by not understanding that your foreign income didn't count for anything.

At best it is confusing even to those of us who deal with this all the time.