CR1 denial for my UK husband what next?
#46
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Hi
Diane hubby here
The application has been suspended, not denied.
I'm not quite sure what we need to do to meet the criteria right now.
I submitted mortgage statements and a recent property valuation which leave me with easily enough nett money to meet the criteria but it seems they are refusing to accept Diane has enough to 'bring to the table' so to speak.
Diane hubby here
The application has been suspended, not denied.
I'm not quite sure what we need to do to meet the criteria right now.
I submitted mortgage statements and a recent property valuation which leave me with easily enough nett money to meet the criteria but it seems they are refusing to accept Diane has enough to 'bring to the table' so to speak.
Second query: I've seen no hint of either of you seeking professional advice. Do you have any thought about that?
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#47
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I've seen no hint that YOU have read this thread, as I have mentioned that we will hire an attorney quite likely:
After talking about it today, we have decided that my Daughter and I will fly over to England for the next several months so we can spend some family time together and work this through. HIRE AN ATTORNEY QUITE LIKELY AND LOOK CAREFULLY AT ALL OF THE OPTIONS AVAILABLE FROM THIS POINT.
Diane
Diane
I came here seeking advise on how to get a second chance at an interview...the what next? (part of my original question), as I have been unable to locate information on what the steps are from having a suspended applicaton(as my husband clairified it was not "denied" as I had first thought).
There are a number of persons on here who seem more interested in making snied remarks than helping people understand this process.
So PLEASE, play nice, I am trying to, but some out there are making it frustrating to keep focused on the issue at question: What next? Do I just send in a second revised I-864 or is there any other forms I would need to send as well?
And thank you, Ian, for the loan information...that is useful to know. May I know where you found the documentation on school loans not being able to be used. I will need to read up on those facts and have not been successful in locating such information on the State Dep. web site.
Rene, wen you said:
"It doesn't really matter what the I-864 instructions say. It's a guideline, and the ConOff has the right to accept or not accept the evidence presented. The ConOff has the final authority on it, regardless of what the instructions say.
You have to just accept the fact that in today's market, a private residence might not be accepted as a good asset, and move on from there with Plan B."
Please know that I do understand, (not that I like it), but I am aware that the ConOff holds all of the power of making a judgment of the information provided at the time of the interview.
If I thought there was another/better option to meet the financial criteria I would not use the net asset value of the home,. However, the fact is, I was wrong in thinking that having an offer on the home and being able to walk away with over $160,000. US dollars after closing, would have held a bit more weight than it did. (perhaps the ConOff has a home on the market they can't find a buyer for, who knows the reason for their decision).
However, I fear that using the schooling related monies will not be credible as they are funds that I, yes, received as income last year, but I have no proof that any of those types of income will continue. That is a worry that perhaps an attorney has experience with and can advise me. But like you say, Rene, it is all up to the ConOff to make the judgment call in cases that are not so black & white.
Thank you for your help, and kind words.
Diane
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#48
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Diane,
Simple solution - close the sale on the home, and when you and your husband have $160,000 cash in hand he will get the visa.
Regards, JEff
Simple solution - close the sale on the home, and when you and your husband have $160,000 cash in hand he will get the visa.
Regards, JEff
If I thought there was another/better option to meet the financial criteria I would not use the net asset value of the home,. However, the fact is, I was wrong in thinking that having an offer on the home and being able to walk away with over $160,000. US dollars after closing, would have held a bit more weight than it did.
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#49
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Think an exchange of contracts in the UK with the usual fixed date of closing would be good enough as well. I think the CO is looking to see it is a legally binding sale and would then accept the asset. At the moment it is only a non legally binding verbal deal so the asset in the house hasn't been realized.
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In all the years he's been posting here, I don't think Mr. Folinsky has ever been rude to anyone.
It seems that in the past day or so, you have spent tremendous energies on your efforts to prove why you were right and the ConOff was wrong, than you have on finding ways to satisfy the requirements for the visa. I suggest that in your hightened emotional state, you have chosen to take Mr. Folinsky's query and turn it into some sort of personal attack.
From where I sit, his perception seems pretty accurate... and while others might not say it aloud, they're probably thinking the same!
Okay - I'm done with this thread and the other one.
Ian
It seems that in the past day or so, you have spent tremendous energies on your efforts to prove why you were right and the ConOff was wrong, than you have on finding ways to satisfy the requirements for the visa. I suggest that in your hightened emotional state, you have chosen to take Mr. Folinsky's query and turn it into some sort of personal attack.
From where I sit, his perception seems pretty accurate... and while others might not say it aloud, they're probably thinking the same!
Okay - I'm done with this thread and the other one.
Ian
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#51
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This thread is closed to further discussion. Please continue the conversation in this related thread: http://britishexpats.com/forum/showthread.php?t=663966
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