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Refused at interview. Don't know what to do

Refused at interview. Don't know what to do

Old Mar 16th 2023, 5:10 am
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Default Refused at interview. Don't know what to do

Hello all. Well this pretty painful if I'm honest and I'm trying to be my usual, rational self but it's not working so well.

I'm the sole intending immigrant (UK citizen and resident) and we used my income to supplement my (USC) wife's on the I-864 because it would continue from the same source (self employed remote work, above the minimum). I did my best to prove my continuing income, but to no avail. At first I thought it might be because I made a mistake by not completing an I-864A with it. But I re-checked the guidelines and it clearly states, as I had read before, "an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A". So I'm still at a loss why my income was rejected (tax returns, detailed statements etc.). The interviewing officer didn't acknowledge it, not even "we need more evidence of your income". He just said we needed a joint sponsor, and I respect his difficult position in all this. I'm not sure if we can find a joint sponsor, as hard as that might be to believe. I feel like we're out of road here. We've considered all avenues and it just does not seem viable given the requirements vs the willingness to submit to those requirements.

I suppose the ultimate questions left are these...

1) If we do manage, somehow, to find and send a joint sponsor I-864, and it too is rejected, is the entire application then thrown out? In other words, is this our final chance? Or do they typically ask for an alternative joint sponsor until a successful one is provided?
2) What's also troubling me is the thought of ESTA and any other visas being permanently rejected because of this. So if, in the meantime, we had to pursue alternative options, would it be just one-way from now on?

Sorry if this is too much like emotionally charged grasping. I'm just devastated right now.
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Old Mar 16th 2023, 9:18 am
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Default Re: Refused at interview. Don't know what to do

I'm sorry to hear this.

You have a couple of options. 1) Use a joint sponsor. More than 1 joint sponsor can be used. 2) Where does your wife currently live? If she lives in the UK with you, she can move to the USA ahead of you and secure a job in the USA that earns enough to meet the income requirements. Once she has a few paychecks, she can submit the I-864.

Good luck.

Rene
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Old Mar 16th 2023, 9:20 am
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Default Re: Refused at interview. Don't know what to do

It's doubtful the immigrant visa will be completely denied. They will give you chances to meet the income requirement.

Rene
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Old Mar 16th 2023, 10:51 am
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Default Re: Refused at interview. Don't know what to do

I mentioned this in your prior thread but no one in this thread has seen your submitted forms and supporting documentation. You may want to obtain legal counsel to review the actual paperwork.
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Old Mar 17th 2023, 2:48 am
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Default Re: Refused at interview. Don't know what to do

Originally Posted by epiphanyuk
....I did my best to prove my continuing income ....
With all due respect, that could mean a lot of different things, and your application could have failed for several more (the officer didn't see/overlooked the evidence, misunderstood the file/ thought you'd misunderstood the requirements, didn't believe the evidence, misread key statements, ...)
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Old Mar 17th 2023, 5:42 pm
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Default Re: Refused at interview. Don't know what to do

Originally Posted by Noorah101
I'm sorry to hear this.

You have a couple of options. 1) Use a joint sponsor. More than 1 joint sponsor can be used. 2) Where does your wife currently live? If she lives in the UK with you, she can move to the USA ahead of you and secure a job in the USA that earns enough to meet the income requirements. Once she has a few paychecks, she can submit the I-864.

Good luck.

Rene
Thank you. We are looking at joint sponsor options. My wife lives in the US, her income just wasn't quite enough to cover the 2 person household, which is why I tried to supplement it with mine. If she was able to secure more hours, I'm wondering if we could essentially re-submit her I-864 with the updated income, with a covering letter explaining. I don't mind waiting a little longer, I'm just worried about any "final chances" at giving them something that satisfies them.
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Old Mar 17th 2023, 5:48 pm
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Default Re: Refused at interview. Don't know what to do

Originally Posted by S Folinsky
I mentioned this in your prior thread but no one in this thread has seen your submitted forms and supporting documentation. You may want to obtain legal counsel to review the actual paperwork.
I appreciate that. Whatever I submitted clearly wasn't enough and I accept that now.
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Old Mar 18th 2023, 2:07 am
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Default Re: Refused at interview. Don't know what to do

Originally Posted by epiphanyuk
I appreciate that. Whatever I submitted clearly wasn't enough and I accept that now.
As an aside, the use of the word “clearly” in connection with the I-864 affidavit of support is, IMHO, an oxymoron. That said,

Before the pandemic I volunteered once a week at the Immigration Legal Assistance Clinic of the Los Angeles County Bar Association. It was quite common for AmCit petitioners to come in after having a finding that their I-864 was “insufficient” with a suggestion to obtain a co-sponsor. Shall we say that the finding was not particularly informative. We killed a lot of brain cells to ascertain why the I-864 was insufficient and to map a solution. On occasion we would determine that the solutions were beyond our remit and would refer to outside counsel.

My suggestion to obtain counsel is informed by this experience.

Good luck.

Last edited by S Folinsky; Mar 18th 2023 at 2:15 am. Reason: Correct typo
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Old Mar 18th 2023, 2:44 am
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Default Re: Refused at interview. Don't know what to do

Originally Posted by S Folinsky
As an aside, the use of the word “clearly” in connection with the I-864 affidavit of support is, IMHO, an oxymoron. That said,

Before the pandemic I volunteered once a week at the Immigration Legal Assistance Clinic of the Los Angeles County Bar Association. It was quite common for AmCit petitioners to come in after having a finding that their I-864 was “insufficient” with a suggestion to obtain a co-sponsor. Shall we say that the finding was not particularly informative. We killed a lot of brain cells to ascertain why the I-864 was insufficient and to map a solution. On occasion we would determine that the solutions were beyond our remit and would refer to outside counsel.

My suggestion to obtain counsel is informed by this experience.

Goid luck.
Interesting to read. I say "clearly" because everything I submitted, to a human being with any ounce of understanding of how remote income works in the modern world and how that would be just as viable as US employment income, was rejected. My question now is, is it worth reviving and re-submitting that now rejected I-864 with the company of legal counsel? They asked for a joint sponsor, which suggests that my continuing income is somehow irrelevant and less valid than a recent US transcript of employment earnings or assets (where someone could just as easily lose them tomorrow). Is that a specific request or is it a kind of dismissive ignorance or archaic understanding of what I provided that needs more legal support? People make money online. It's global and taxable based on residency. If legal counsel can help them to understand that, then I will seek it. If they are set in their ways on that form of income, and only waged/salaried US employees are considered as a valid means of support, then I wouldn't bother.
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Old Mar 18th 2023, 3:10 pm
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Default Re: Refused at interview. Don't know what to do

Just a layperson's thoughts here but after 26 years in this particular forum, I think the problem of your continuing employment is that the employment is not with a separate entity but for yourself. Under normal circumstances the intending immigrant who is using their remote income obtains a letter from their employer stating that their employment will be ongoing when they emigrate and their salary of $XX will be continual. You cannot supply such an assurance letter as you are the owner and employee of the company providing your salary.

Please note that the joint sponsor does not have to be a relative. It can be a friend, a trusted co-worker, etc. The only criteria is that they are a USC and show income high enough to support their family plus one.

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Old Mar 19th 2023, 6:27 pm
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Default Re: Refused at interview. Don't know what to do

Originally Posted by epiphanyuk
Interesting to read. I say "clearly" because everything I submitted, to a human being with any ounce of understanding of how remote income works in the modern world and how that would be just as viable as US employment income, was rejected. My question now is, is it worth reviving and re-submitting that now rejected I-864 with the company of legal counsel? They asked for a joint sponsor, which suggests that my continuing income is somehow irrelevant and less valid than a recent US transcript of employment earnings or assets (where someone could just as easily lose them tomorrow). Is that a specific request or is it a kind of dismissive ignorance or archaic understanding of what I provided that needs more legal support? People make money online. It's global and taxable based on residency. If legal counsel can help them to understand that, then I will seek it. If they are set in their ways on that form of income, and only waged/salaried US employees are considered as a valid means of support, then I wouldn't bother.
Again, no one here, other than you, NVC and the interviewing officer have seen the documents you have submitted.

The Immigration & Nationality Act has always had a “public charge” provision. Before 1997, this requirement was quite generalized. In 1996 a major revision of the INA was enacted. The revision was a confused POS of which the enactment of which was an example of the Bismarck dictum comparing law formation with manufacture of sausage. A part of that legislation was a more detailed requirement for an affidavit of support. The implementing regulations came out in 1997.

So, while a “human being” might have no problem with the general public charge requirement, she would still be constrained by the express rules. And those rules are 25 years old.

Again, you should see about having your submission and supporting evidence reviewed by independent counsel.
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Old Mar 19th 2023, 7:12 pm
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Default Re: Refused at interview. Don't know what to do

If applying for a visa to the UK and using self employment as the source of income, you have to present all past tax, business accounts AND a business plan forecasting future income AND proof that you have registered your business in the UK.
It's one of the most difficult ways of proving income......
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Old Mar 20th 2023, 7:37 pm
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Default Re: Refused at interview. Don't know what to do

Originally Posted by Rete
Just a layperson's thoughts here but after 26 years in this particular forum, I think the problem of your continuing employment is that the employment is not with a separate entity but for yourself. Under normal circumstances the intending immigrant who is using their remote income obtains a letter from their employer stating that their employment will be ongoing when they emigrate and their salary of $XX will be continual. You cannot supply such an assurance letter as you are the owner and employee of the company providing your salary.

Please note that the joint sponsor does not have to be a relative. It can be a friend, a trusted co-worker, etc. The only criteria is that they are a USC and show income high enough to support their family plus one.
Good post. Again, no one has seen what evidence OP has submitted.

As an aside, joint sponsor and household member are different animals. The income of a household will be considered in the aggregate while a joint or co-sponsor will be considered as if they are the primary sponsor.
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Old Mar 20th 2023, 9:17 pm
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Default Re: Refused at interview. Don't know what to do

Originally Posted by S Folinsky
Good post. Again, no one has seen what evidence OP has submitted.
Reading between the lines, I suspect a sub-standard application was submitted.
Legal council is the only choice
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Old Mar 21st 2023, 4:55 am
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Default Re: Refused at interview. Don't know what to do

Originally Posted by PetrifiedExPat
Reading between the lines, I suspect a sub-standard application was submitted.
Legal council is the only choice
Perhaps but maybe not. Again, none of us have seen the paperwork. An old boss of mine described an immigration lawyers job as getting immigration to say yes.
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