Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

Refused at interview - I-864

Refused at interview - I-864

Old Aug 26th 2016, 4:29 pm
  #1  
Just Joined
Thread Starter
 
Joined: Jun 2016
Posts: 10
girlfromipanema is an unknown quantity at this point
Default Refused at interview - I-864

Hi everyone,

As you have all been so helpful throughout the process (without me even posting much of anything!) I am reaching out in the hopes you can help as we have had a bad experience at the US Embassy in London today.

We had an appointment today for my husband's CR-1 visa (I am the petitioner/US citizen wife), and since we both live in London, I came along on the appointment as we had seen many on the forum do before.

Everything started out fine, my name was on the list of visitors and we entered the embassy together with all the required documents.

When his number was called, we went to the window and passed over all the requested documents. The person behind the window was very nice and it seemed we had everything we needed. When we got to the I-864 he actually gave me back some of the documents that I had provided for the evidence of domicile (voting record in my home state in the USA, extra copy of letter from my current UK employer saying I would be working for them from the USA, as well as a page from my employer outlining the conditions of me working from the USA [address of their office in New York, working hours, etc....]) - so at this point I thought "wow I actually provided too many documents" and thought all was OK.

Here is everything that I provided for the i-864:
- the I-864 form itself listing my current UK income in dollars, which will continue from the same source when we move to the USA (salary is well over the requirement)
- 2015 tax return
- letter from my employer saying that I will continue working for them from the USA at the same salary
- P60 from the UK for 2015-16
- 5 most recent paystubs from my job
- letter to our landlord to end our lease in London
- letters with real estate brokers in NY on apartment search
- plus the documents that they returned to us

We paid the visa fee and went back to wait for the number to be called again.

When his number was called the 2nd time, we went up to the window and the Consular Officer had him take an oath and scan his fingerprints again. He asked my husband some general questions about our relationship (where did we meet, when did we move to London, etc).

Then he addressed me by my first name and asked me some questions (I am assuming to prove intent to re-domicile):
- do I maintain a permanent residence in the USA? (I said yes, at my mom's house in my home state)
- do I have any bank accounts in the USA? (yes I still have checking and savings accounts)
- do I still vote in the USA? (yes I have been voting in my home state... thought this was weird as I had provided my voting record but this was returned to me... I didn't say anything about that but maybe should have?)

Then he looked at my tax return from 2015 and said that unfortunately he had to base his decision on my Adjusted Gross Income from my 2015 tax return and as this was below the required amount, he could not approve the application. Since I lived in the UK throughout 2015 my only income was my UK income which was excluded for US tax purposes so that's why my AGI was 0.

I said that my understanding was that his decision had to be based on my current income not on my 2015 income and pointed out the proof that my current income was well over the requirement.

He said that I had no proof this income would continue when I am in the USA. I said that I had a letter from my employer to that effect and he said that the letter was not sufficient proof. If I wanted to use this income I would have to move to the US without my husband, establish domicile, begin working and provide at least 1 paystub from the US.

He said we had to have a joint sponsor or the application was refused.

I asked if we could use my assets (as I do have assets well over the requirement as well but did not include them as I thought my income was sufficient) and he said no because I am not domiciled in the US we could not use my assets we had to have a joint sponsor with US domicile.

He said he was "waiving" the domicile requirement but that we needed to have a joint sponsor in the US.

Where did we go wrong?

My feeling is that I did not provide sufficient proof of intent to domicile, but I did provide end of the lease on our apartment in London, letter from my employer saying I would be moving to USA, and emails to/from brokers in our apartment search (although we have not actually signed a lease or anything at this point).

Although I also have the feeling that he was not happy with the letter from my employer saying that my income would continue from the same source (what more could I have provided?)

ANYWAY, we will now need to get a joint sponsor and act quickly as we have tickets to leave London on the 16th (not directly to the US, we planned to visit my husband's family before making the move).

We had not really looked into the joint sponsor information as we did not believe we needed it... so could you perhaps help me out on what exactly we need? We want to make sure we are doing everything correctly so that it is approved on our 2nd try!!!

- I am still the sponsor (even if there is a joint sponsor) so I still need an I-864 in my name - do I need to fill out a new one or can they "re-use" the one that I already submitted (and that they kept)? If I fill out a new one do I include my current income or not?

- I need a joint sponsor to fill out an additional I-864. Does this person need to have income to support only himself and my husband or does he have to support me too? For example if this is a single person is the household size 2 (sponsor +my husband) or 3 (sponsor+ my husband + me)?
This person must also include their tax return for 2015. If this amount is over the minimum does he have to include anything else (paystubs, etc)?

- Do I need to submit anything else regarding domicile in the US? The Consular Officer said he was "waiving the domicile" ... but I'm afraid that when we submit the joint sponsor's I-864, they will come back and say that there is still a domicile problem.

(I know I should have asked these questions directly to the consular officer... I did ask him several questions but he was very difficult and short with me so I didn't dare to keep asking questions... )

Thanks in advance!!
girlfromipanema is offline  
Old Aug 26th 2016, 5:09 pm
  #2  
Just Joined
Thread Starter
 
Joined: Jun 2016
Posts: 10
girlfromipanema is an unknown quantity at this point
Default Re: Refused at interview - I-864

Sorry 1 more question:

For the joint sponsor's I-864, does this have to be an original with their ink signature or can they scan it in and we print here?

Just thinking that if it has to be an original that will add either several days to send in the regular mail or $$$ to fedex it here...

THANKS
girlfromipanema is offline  
Old Aug 26th 2016, 5:12 pm
  #3  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Refused at interview - I-864

The I-864 signature needs to be original.

Rene
Noorah101 is offline  
Old Aug 26th 2016, 5:19 pm
  #4  
 
lansbury's Avatar
 
Joined: Apr 2005
Location: Milwaukie, Oregon
Posts: 9,957
lansbury has a reputation beyond reputelansbury has a reputation beyond reputelansbury has a reputation beyond reputelansbury has a reputation beyond reputelansbury has a reputation beyond reputelansbury has a reputation beyond reputelansbury has a reputation beyond reputelansbury has a reputation beyond reputelansbury has a reputation beyond reputelansbury has a reputation beyond reputelansbury has a reputation beyond repute
Default Re: Refused at interview - I-864

I asked if we could use my assets (as I do have assets well over the requirement as well but did not include them as I thought my income was sufficient) and he said no because I am not domiciled in the US we could not use my assets we had to have a joint sponsor with US domicile.
I did my visa sometime ago but we used assets, in fact the equity on our London house. My wife had lived in the UK for 10 years and was still living in the UK and standing next to me when I had my interview.

He said that I had no proof this income would continue when I am in the USA. I said that I had a letter from my employer to that effect and he said that the letter was not sufficient proof. If I wanted to use this income I would have to move to the US without my husband, establish domicile, begin working and provide at least 1 paystub from the US.
That was the problem the CO didn't accept the proof you provided of income. About the only thing that there is a very strict interpretation off is the required income on the I-864. If it is as much as a cent off I have known them refuse the visa. The problem with your letter is your employer can change their mind before you leave. I know with paystubs they can change their mind as well but at least there is proof they have been paying you. At the moment you only have a promise which the C/O decided not to accept.

Last edited by lansbury; Aug 26th 2016 at 5:36 pm.
lansbury is offline  
Old Aug 26th 2016, 5:21 pm
  #5  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Refused at interview - I-864

You did nothing wrong. The officer should have accepted your I-864. But now it's easier to just provide what they want, a joint sponsor.

Joint sponsor provides: an original signed I-864, proof of US citizenship, proof of income, and most recent 3 years of tax returns (although only 1 is required, the embassy typically likes to see 3). The joint sponsor must earn enough for his own household size plus the immigrant (as shown in the I-864P, 125% column).

You don't have to redo your own I-864


Rene
Noorah101 is offline  
Old Aug 26th 2016, 5:31 pm
  #6  
Wondering if...
 
celticgrid's Avatar
 
Joined: Apr 2009
Location: Clarence, NY
Posts: 1,213
celticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond repute
Default Re: Refused at interview - I-864

Originally Posted by girlfromipanema
My feeling is that I did not provide sufficient proof of intent to domicile...
My feeling is that the domicile issue is not the problem. You provided far more detail than I did, and the tale you tell suggests it is the financial aspect that is the issue.

Originally Posted by lansbury
I did my visa sometime ago but we used assets, in fact the equity on our London house. My wife had lived in the UK for 10 years and was still living in the UK and standing next to me when I had my interview.
Ditto (except my wife was not at the interview with me). Assets should work, though keep in mind that cash in the bank (or something clearly immediately able to be turned into cash) is the very best asset.
celticgrid is offline  
Old Aug 26th 2016, 6:02 pm
  #7  
Just Joined
Thread Starter
 
Joined: Jun 2016
Posts: 10
girlfromipanema is an unknown quantity at this point
Default Re: Refused at interview - I-864

I asked him I think 3 times in a row if I could use my own assets, the first 2 times he didn't seem to understand (or I didn't understand as I was quite flustered by this point) and said that we could use the joint sponsor's assets, the 3rd time when I emphasized that I wanted to use my own assets he got mad and said no flat out...

It all seems very strange especially since at first he said the problem was my income on my 2015 tax return and I answered positively to all the questions he asked about domicile.

He also told us that this visa exists in order to reunite families/spouses that are separated, with one person in the US and the other who cannot come to the US... and since we are together now in the UK and I was present at the interview, an immigrant visa is "not needed" (!!!) I was so shocked to hear this....

Anyway we will be moving forward to try to get a joint sponsor and get them to send the paperwork ASAP. Thanks for the confirmation on what we need exactly.

Does anyone have experience with sending additional information back to the embassy after the interview? Seems we have to take it to the courier depot and they will deliver to the embassy... not sure how long this takes. Silly since we actually live very near to the embassy and not to any of the courier depots.
girlfromipanema is offline  
Old Aug 26th 2016, 6:35 pm
  #8  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Refused at interview - I-864

Sounds like you had what we call "The ConOff from Hell". It's unfortunate, but it happens.

Once you return the requested info, I would expect processing to take another 4 to 6 weeks at most. But really, there's no way of knowing for sure.

Rene
Noorah101 is offline  
Old Aug 31st 2016, 9:03 am
  #9  
Forum Regular
 
Joined: Aug 2016
Posts: 32
MrSunu is an unknown quantity at this point
Default Re: Refused at interview - I-864

Hi, I'm sorry for the experience you had girlfromipanema, it looks like you really crossed the wrong Consulate officer...
I'm also preparing my I-864 and I was wondering what you guys would recommend as we are in a somewhat similar situation: Current UK income are from jobs that won't be transferable to the US, tax returns from previous years show sufficient income and we have sufficient cash funds to solely meet the requirement. Should I put nothing for current income and just show proof of cash asset or do we need a joint sponsor?
MrSunu is offline  
Old Aug 31st 2016, 11:41 am
  #10  
BE Forum Addict
 
Joined: Aug 2013
Location: Athens GA
Posts: 2,130
MidAtlantic has a reputation beyond reputeMidAtlantic has a reputation beyond reputeMidAtlantic has a reputation beyond reputeMidAtlantic has a reputation beyond reputeMidAtlantic has a reputation beyond reputeMidAtlantic has a reputation beyond reputeMidAtlantic has a reputation beyond reputeMidAtlantic has a reputation beyond reputeMidAtlantic has a reputation beyond reputeMidAtlantic has a reputation beyond reputeMidAtlantic has a reputation beyond repute
Default Re: Refused at interview - I-864

Originally Posted by MrSunu
Hi, I'm sorry for the experience you had girlfromipanema, it looks like you really crossed the wrong Consulate officer...
I'm also preparing my I-864 and I was wondering what you guys would recommend as we are in a somewhat similar situation: Current UK income are from jobs that won't be transferable to the US, tax returns from previous years show sufficient income and we have sufficient cash funds to solely meet the requirement. Should I put nothing for current income and just show proof of cash asset or do we need a joint sponsor?
I would simply stick with the cash assets and have all the proof of them and that they are readily accessible.
MidAtlantic is offline  
Old Aug 31st 2016, 12:03 pm
  #11  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Refused at interview - I-864

Originally Posted by MrSunu
... tax returns from previous years show sufficient income...
Just to clarify, there is no requirement that your previous tax returns show sufficient income.


... we have sufficient cash funds to solely meet the requirement.
That's all you need - so long as cash is 3x the income amount required. Assuming it's just you and your wife, that's $60,075.


Should I put nothing for current income and just show proof of cash asset...
Yes.

Ian
ian-mstm is offline  
Old Aug 31st 2016, 12:08 pm
  #12  
Forum Regular
 
Joined: Aug 2016
Posts: 32
MrSunu is an unknown quantity at this point
Default Re: Refused at interview - I-864

Thank you Ian and MidAtlantic for your answers
MrSunu is offline  
Old Aug 31st 2016, 12:10 pm
  #13  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Refused at interview - I-864

Don't put 0 for current income, if you do have current income. List your income. Your assets are what they will take into consideration.

Rene
Noorah101 is offline  
Old Aug 31st 2016, 4:34 pm
  #14  
Just Joined
Thread Starter
 
Joined: Jun 2016
Posts: 10
girlfromipanema is an unknown quantity at this point
Default Re: Refused at interview - I-864

@MrSunu - just make sure you make a good case for your intent to re-domicile in case you get the same grumpy consular officer that we did!
girlfromipanema is offline  
Old Sep 4th 2016, 10:25 am
  #15  
Just Joined
 
Famous Mortimer's Avatar
 
Joined: Apr 2016
Posts: 29
Famous Mortimer is an unknown quantity at this point
Default Re: Refused at interview - I-864

I've got a medical on Tuesday, and then this is going to be me, too. This is very handy information, but I'm sorry you had to go through with it.
Famous Mortimer is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.