SimonJW

A frustrated update from me

After the false checklist (requesting the I-864 we had already sent) we got on Monday, today we received another Checklist saying we "have not attached the proof of ownership and value" of the savings/checking accounts we are using. It also had a paragraph pointing out that my wife does not meet the minimum income requirements (she is a student at the moment) and that "the consular office will make a decision regarding this requirement at the time of your interview".

So, I just called the NVC to find out what was missing as we provided 12 months of bank statements for two of the accounts we are using and a letter from the bank for the third (which is in the UK) confirming ownership and balance and length held etc, as it does not have monthly statements. All the statements had either my wife's name or my name on them. The NVC lady could not tell me which account the Checklist was referring to, and told me over and over again that the only proof they need is bank statements - which we have already sent in!! She basically couldnt see any more information on her computer than I already had in the letter. All she could advise was to resend the bank statements and/or a letter saying we have already sent them and to request that they re-review them. I tried really hard not to get angry with her, but it is so infuriating to be told to send the same docs again, when clearly there was some problem with them in the first place!

I also asked her about the whole consular officer making a decision about assets thing and she said that the poverty guidelines only refer to income and therefore the level of assets required is up to the consular officer on the day. Even though the website clearly states you can use assets, she advised we should get a joint sponsor. In anticipation we might hit a hurdle with the assets (esp as we are only just above the required about) my FIL has already provided us a completed I-864 for this. Given the double issue of the NVC not seeming to accept our proof of ownership, and the possibility that even then the assets will not be enough we are just going to go ahead and send the Joint Sponsor I-864 in now and hope that covers it. I wish we had just done that in the first place.

Very frustrating. Was really hoping to get complete by end of June to hopefully get an interview mid/late-August, but this is sure to knock us back a couple of weeks now at least!

Wolfy

Frustration I understand and feel for you, but we just have to grit our teeth sometimes...All will come good I am sure!

Noorah101

The phone rep can't see more than you can see, so it doesn't do much good to call and ask for details from them (as you've discovered). The best thing to do is just comply with whatever NVC is requesting, even if it's something you think is weird or you've already sent in. Just send in the bank statements again, with a short note saying "the total in savings (assets) equals $x.xx, which exceeds 3x the amount needed in income, as shown on the I-864P" (might include a copy of the I-864P as well, so they can see that figure).

If you're just barely over that amount, it probably is not a bad idea to go ahead and have a joint sponsor, as you say, but you don't have to send in the joint sponsor's I-864 right now.

What they meant by "consular officer making a decision about assets", means that NVC does not approve the I-864. They only gather the form, fee, and backup documents. Even if you send back the same information, NVC will just forward all that along to the embassy, and it will be the ConOff who makes the decision on whether the income/assets are enough or not. You don't have to send the joint sponsor I-864 right now, you can just bring it to the interview, and if the ConOff thinks your assets are not enough, THEN you can hand over the joint sponsor I-864.

Rene

SimonJW

Thanks Rene, I suspected there wasnt much the phone rep could do, but I was just hoping she could at least tell me which of our three accounts was the problem!

I'm inclined to send in the joint sponsor I-864 now, just in case there is still a problem with the evidence we have provided for our assets (as I will basically be just sending the same info/proof again). I'd hate to get another RFE identical to the one we just got!
If we do hold off until the interview, do you know if that will that cause us delays at that point? I'm curious as to whether the ConOff can look at the I-864, tax return and W2 and make a decision about its authenticity and what not there and then, or whether they need a week or two to review it after the interview before issuing the visa?

Noorah101

You can send in the joint sponsor's I-864 now, if you want, and then maybe you can ask the ConOff at the interview if your I-864 alone is enough...and if it is, ask for the joint sponsor's I-864 back. Otherwise, the joint sponsor will be on the hook, there won't be any way to remove them from being joint sponsor until one of the criteria is met for releasing the sponsor of I-864 obligations.

I don't know if the ConOff, in reviewing your file ahead of time, will notice that you qualify on your own, and return the joint sponsor's I-864 to you automatically. If the sponsor qualifies on the I-864, a joint sponsor is not even supposed to be accepted.

If you do hold off until the interview, the ConOff can make that determination right away. The person who signs the I-864 is swearing that everything is authentic and true, so no need for the ConOff to go verify anything.

Rene

britishspouse

Received my new interview letter today.

Was notified on the 27th that my date had been moved, and received the letter in the post today.

Not much of an update, but oh well haha!

Wolfy

Thats just it BS and what an update....The last and final step in writing!!

Congrats

britishspouse

hehe yep indeed !

Now I just hope july 25th hurries the heck up!

Wolfy

All this waiting and you want it to hurry up???? Sheesh, ya dont want much does tha lass?...lol

Hope it flies by for you, but we know it will seem like an eternity, but at least you have time to prep for the interview... I am trying to put a small packet together of anything they could likely ask for....still not 100% sure what like, but I will figure it out.

At least now you know your out of the woods and heading for the road!

britishspouse

Lol. Im just ready to be back with the hubster and puppies Skyping with them all is so good, but makes me miss em, especially the way our mini aussie loki nuzzles you, Makes me jealous hubby is getting all the love haha.

Yeah I think I have my packet together. All im taking is,
-a copy of every form we have submitted + all documents
- my passport pics (taking UK and US sized just in case)
- A selection of our previous emails and skype logs over the years
- copy of our joint bank account
- about 30 various photos throughout the years including wedding pics
- Few extra affidavits, might throw in some flight stubs if I can find em too

I know some people take more, some take less, so thought id get somewhere in the middle. I know the CO prob wont ask for any of it, but i thought doesnt hurt to take it.

Only thing im worried about is the tax stuff. we only submitted the most recent years return + W2, Along with 6 months pay stubs, and a letter showing how long he's worked there plus all his raises and he earns well over the poverty line so that bit shouldn't be an issue. But from what ive heard it is the CO that decides if its all good enough, so im terrified he/she could say, we want 3 years. That would put us back a good bit

Wolfy

If you cant control it, i wouldnt worry too much about it, I am sure you will be fine!

Its just a shame that we have come this far and waited so long for it all to come down to one person on one day, be easier if it could have been all submitted to london and let them do all the backgrounds etc....but Meh!..lol

meauxna

When the I-864 was revised in 2006, the tax return requirement changed from 3 years to just one.

Past tax returns won't help with anything related to his current income; I have my suspicions about why 3 years were previously required, but you note that now the USC only need declare that they have/have not filed the past 3 years' worth of tax returns.

If you are concerned about this anyway, your husband should call and order his additional tax transcripts now so you can have them at the ready.
I don't encourage including 3 years' worth of returns 'just because'. Many people get their visas by following only the instructions they receive from the Embassy/Consulate/NVC.

britishspouse

yeah I might get him too, he is just a bit of a slacker, ive been asking him too, but due to his new work hours its tough for him to remmeber and call in time, But im on him about it lol.

Im not stressing too much about it, but its certainly a niggle in my mind

Wolfy

Ah, good to know, but too late for us anyway, we gave em 3 years, w2s letter etc, just to be safe

meauxna

It should be a 24/7 touch-tone order... I never spoke to a human. Call whenever.
Transcripts. Order free transcripts and you don't have to send in W-2s etc.