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Interview did not go as planned HELP PLEASE

Interview did not go as planned HELP PLEASE

Old Jun 19th 2017, 5:17 pm
  #1  
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Default Interview did not go as planned HELP PLEASE

Well, I am gutted! Ok I will try and keep this brief, we were given a blue piece of paper to say that the visa is refused under section 221 (g) basically to say they want more info I have a few issues.

1- My Husband has not worked here for the past 3 years so has not filed taxes (which is not the issue) My Mother in law and her Partner completed the Affidavit of support. Now my Mother in law has $7k in taxable income but she gets over $26k in nontaxable earnings from a VA pension. Her partner gets $8k in taxable income and $25k in untaxable income from disability and pension. Now we were told that they need to submit 1099 or paystubs of joint sponsors (the VA do not provide 1099s) so she is quickly running around like a chicken with her head cut off to get some documents.

2. I lived in the USA for 6 years I entered on a VWP April 21st 2001 with every intent to come back to the UK but we ended up getting married in August and adjusted my status now we were young and dumb and took ages with the process but I was approved BUT stupidly we decided to move back to the UK in April 2007 and we left before I got a physical green card, at the time thought that it wasn't an issue because we would be staying here in the UK....Well, life changes and we are now trying to move back. We were told today at the interview that I need to complete an I407 from USCIS to abandon my previous status? We were told that with me being back here in the UK that it automatically abandon my green card/permanent residency? I don't have a physical green card and never have had (which when I have gone on the USCIS website it says that I need that to abandon my status? Any advice? How long does this process take to abandon and is it not going to make things even more confusing by abandoning whilst trying to get another??

I am so stressed at the mo :-( They did keep my UK passport and said that we can email the documents but I have no idea once they have got what they want it will take to process the forms. Its looking like My family will be leaving the UK on the 10th July and I will be left here:-( I am just hoping to be away for the least possible amount of time.

Thanks for all your help

Kelly
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Old Jun 19th 2017, 5:33 pm
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Default Re: Interview did not go as planned HELP PLEASE

Calm down, they've asked for more information, which is fairly common and far from being a catastrophe.

Get the supporting docs from your in-laws and that should be fine.

Obviously you can't return what you don't have - the green card you didn't receive. The I-407 sounds like an unnecessary step to me, but if they want you to file an I-407 before they can approve your new visa then just do it, it isn't worth arguing over. Attach a letter/ note saying that you don't have the physical green card (I would avoid trying to explain that you didn't receive it and just stick to "you don't have it").

Once you have fixed these two issues you should have you visa within 3-5 days in most cases, so IMO you should still be able to make the flight on July 10th.

Good luck. I am sure you will be back on track in a few days.

Last edited by Pulaski; Jun 19th 2017 at 5:36 pm.
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Old Jun 19th 2017, 6:05 pm
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Default Re: Interview did not go as planned HELP PLEASE

Have to ask if you brought anything from your father and mother-in-law to prove their non-taxable income for the I-864? Did you just think that saying that they received this income was enough?

I know that the VA does not do a 1099 but my Dad did receive VA benefits and he got a slip attached to each check monthly. This slip should suffice for proof of income.

Do they have enough in assets to cover you as your joint sponsor. This might be just as easy a way as using income.

As for the abandonment, did they mention that you needed to do it online or that you needed to complete the form and return it to them? If it is to be done online and submitted online send them the receipt of submission. If you were to send it to the US Consulate, complete the form, make note of the missing green card. Yes, it is considered abandoned since you have lived outside of the US for 10 years. As others have noted many times, if you were to try to enter the US with your green card (which you don't have), you would probably be allowed in but scheduled for a hearing before an immigration judge who will make the formal decision on abandonment. So by completing the form, you are eliminating this step and allowing yourself to be eligible for a new immediate relative visa to enter the US. The US Consulate cannot approve that visa if the green card has not been formally abandoned.
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Old Jun 19th 2017, 6:12 pm
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Default Re: Interview did not go as planned HELP PLEASE

I'm sorry it didn't go as planned, but as others have said, this is fairly common and you just have to return the required documents. The visa isn't really denied, it's just that the approval is put on hold until they review the docs.

You'll be fine.

Rene

Last edited by Noorah101; Jun 19th 2017 at 8:13 pm.
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Old Jun 19th 2017, 7:41 pm
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Default Re: Interview did not go as planned HELP PLEASE

Originally Posted by Rete
Have to ask if you brought anything from your father and mother-in-law to prove their non-taxable income for the I-864? Did you just think that saying that they received this income was enough?

I know that the VA does not do a 1099 but my Dad did receive VA benefits and he got a slip attached to each check monthly. This slip should suffice for proof of income.

Do they have enough in assets to cover you as your joint sponsor. This might be just as easy a way as using income.

As for the abandonment, did they mention that you needed to do it online or that you needed to complete the form and return it to them? If it is to be done online and submitted online send them the receipt of submission. If you were to send it to the US Consulate, complete the form, make note of the missing green card. Yes, it is considered abandoned since you have lived outside of the US for 10 years. As others have noted many times, if you were to try to enter the US with your green card (which you don't have), you would probably be allowed in but scheduled for a hearing before an immigration judge who will make the formal decision on abandonment. So by completing the form, you are eliminating this step and allowing yourself to be eligible for a new immediate relative visa to enter the US. The US Consulate cannot approve that visa if the green card has not been formally abandoned.
No this the thing we had taken along the tax transcripts for taxable and they each had a letter from social security stating their award and my mother in law had a letter from the va showing her award (showing the monthly award) and her partner we had a pay stub from his disability check.

In regards to the abandoning of the old visa I have since got a new passport and can not find my old A# ?? I was going to call them tomorrow because apparently they accept calls for 1hour on Tuesday and Thursdays.
They said I can look online or book an appointment (online is probably quicker but only if I can find this A number) I did jus look online at the form and I am a little worried because it asks me to sign to say I have no intention of living in the USA?

Thanks
Kelly
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Old Jun 19th 2017, 7:55 pm
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Default Re: Interview did not go as planned HELP PLEASE

Yeah, I d/l it and I see what you mean. I can logically understand their reasoning but knowing that you are going for a immigration visa why you would have to sign it. Although it does say that signing is optional. Perhaps complete and don't sign it.

Doesn't your mother pay federal taxes on her social security? She has to file you know and it is considered taxable. Or is the $7,000 her social security benefit?
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Old Jun 19th 2017, 8:03 pm
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Default Re: Interview did not go as planned HELP PLEASE

This link might help you to understand. There is online chat if you want to discuss this with someone there.

Filing I-407 To Abandon Your U.S. Permanent Resident Status - AllLaw.com
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Old Jun 19th 2017, 8:18 pm
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Default Re: Interview did not go as planned HELP PLEASE

Originally Posted by elizabethsmum
In regards to the abandoning of the old visa I have since got a new passport and can not find my old A# ??
When you renew they should send the old passport back. Do you have it somewhere?
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Old Jun 19th 2017, 9:40 pm
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Default Re: Interview did not go as planned HELP PLEASE

A Number found ๐Ÿ™Œ๐Ÿ™Œ๐Ÿ™Œ

I can go and fill the form online now but I think I will wait till tomorrow just to speak to them on the phone (the USCIS) because I'm worried if I sign this to say I have no intent to live in America?? I just don't want this to mess with this visa? I wish I knew I had to abandon my previous green card...No actually I wish I had just hot been dumb and young and had become a US citizen before I left. Lesson learned.

Thanks

Kelly
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Old Jun 19th 2017, 10:30 pm
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Default Re: Interview did not go as planned HELP PLEASE

I am not sure USCIS will be able to help you. They are known for giving out incorrect information, and they are not held responsible if they do so.

Take whatever they say with a grain of salt and don't do anything without checking here first.

Rene
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Old Jun 20th 2017, 7:54 am
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Default Re: Interview did not go as planned HELP PLEASE

Originally Posted by Rete
Yeah, I d/l it and I see what you mean. I can logically understand their reasoning but knowing that you are going for a immigration visa why you would have to sign it. Although it does say that signing is optional. Perhaps complete and don't sign it.

Doesn't your mother pay federal taxes on her social security? She has to file you know and it is considered taxable. Or is the $7,000 her social security benefit?
Yes the $7k is the SS benefit.
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Old Jun 20th 2017, 8:22 am
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Default Re: Interview did not go as planned HELP PLEASE

Originally Posted by Noorah101
I am not sure USCIS will be able to help you. They are known for giving out incorrect information, and they are not held responsible if they do so.

Take whatever they say with a grain of salt and don't do anything without checking here first.

Rene
Oh no! :-( Hmmm shoot I don't know what to do now then :-( I can rather fill it in online send it to them with a note to say that I'm in the process of getting a new immigrant visa? Or book an appointment but the next appointment is at the end of July :-(
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Old Jun 20th 2017, 9:05 am
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Default Re: Interview did not go as planned HELP PLEASE

OK I received an E-mail back from the USCIS (I emailed their contact department last night) thought I would share it in case any one in the future needs the info.



You are still listed as a lawful permanent resident and will need to officailly abandon the previous status before the Consulate can issue you a new immigrant visa.

To formally abandon your lawful permanent residency; you will need to complete the โ€œAbandonment of Lawful Permanent Residency โ€“ Form I-407โ€™ from https://uk.usembassy.gov/embassy-con...s/filing-i-407

Our processing times for the I-407 and returning a completed copy to you is approximately 5-7 business days.

Alternatively, you can make an appointment with this office to formally abandon your status by making an appointment with our office from https://my.uscis.gov/appointment

v/r
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Old Jun 20th 2017, 2:39 pm
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Default Re: Interview did not go as planned HELP PLEASE

It's rather a pain that this couldn't be discovered during the process, before the interview!
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Old Jun 20th 2017, 11:19 pm
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Default Re: Interview did not go as planned HELP PLEASE

Originally Posted by fbf2006
It's rather a pain that this couldn't be discovered during the process, before the interview!

I agree! I had no idea I had to abandon my previous status, I'm kicking myself I never just became a citizen before we left but huge lesson learned.

I'm sending the form off in the morning I have included a short note just to explain that we are in the process of moving back, I'm hoping it can all be done by form but prepared in case they need me to go in. I'm gutted I won't be flying out with my Husband and kids but it is what it is, I know others spend much longer apart.Ju waiting on the confirmation from my father in law and will be emailing of back I'n the morning.

Thanks

Kelly
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