British Expats

British Expats (https://britishexpats.com/forum/)
-   US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)
-   -   Failed Interview (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/failed-interview-652408/)

Rete Feb 2nd 2010 3:48 am

Re: Failed Interview
 

Originally Posted by BritishGuy36 (Post 8304837)
I've yet to see any definitive information in this thread either way, as to whether the OP got denied the visa or whether the visa application is pending awaiting the USC's proof of filing.

And shame on all of you for not pointing the OP in the direction of the tax filing wiki created by some nice chap on here. (it's linked in my signature).


Why would we do that? He is not a UKC and it is his USC wife who has to file. It is evident that he knows nothing about US taxes and she should.

DK_4523 Feb 2nd 2010 5:02 am

Re: Failed Interview
 
She is back in the US having left the UK in September and has been working at the job since November.

Noorah101 Feb 2nd 2010 5:04 am

Re: Failed Interview
 

Originally Posted by DK_4523 (Post 8305262)
She is back in the US having left the UK in September and has been working at the job since November.

That means she's been working in the USA only about 2 or 3 months. My guess is that the ConOff thinks this isn't long enough to be "settled" securely into the job.

Rene

DK_4523 Feb 2nd 2010 6:24 am

Re: Failed Interview
 
Yes we agree that is probably the reason, i was so down about not getting through i forgot to ask why?

I have sent an email requesting further clarification of this, but dont expect
a reply for about a week according to the auto response mail that i received back.

meauxna Feb 2nd 2010 6:28 am

Re: Failed Interview
 
The I-864 *requires* her most recent tax return. It's not necessarily connected to her current income situation.. they are two separate requirements.

What further clarification are you looking for?

Noorah101 Feb 2nd 2010 7:09 am

Re: Failed Interview
 

Originally Posted by DK_4523 (Post 8305508)
Yes we agree that is probably the reason, i was so down about not getting through i forgot to ask why?

I have sent an email requesting further clarification of this, but dont expect
a reply for about a week according to the auto response mail that i received back.

I don't think you need any further clarification...it seems that the ConOff told you what you need to provide in order to be approved.

Rene

DK_4523 Feb 2nd 2010 12:08 pm

Re: Failed Interview
 
She never said why I needed a second sponsor just that I needed one, was that because of not working long enough or some other reason.
According to the US Government the poverty line is $18,000 so her wage will cover that, so what was the reason, we just want to know why.

We understand about the Tax requirement, that was our fault for missing that. Only just the other day found out that it is stated in the US passport about the Tax.

If we have no other way around this but to get a second sponsor will just forget the whole thing and stay in the UK.
Neither of us feel happy asking someone to be that sponsor with the danger that if I have a problem in the US and for some reason can pay my bills, that person becomes responsible for the payments.
Worse case scenario is that if I am sued and can’t pay they could lose out big time.

Noorah101 Feb 2nd 2010 12:51 pm

Re: Failed Interview
 

Originally Posted by DK_4523 (Post 8306414)
She never said why I needed a second sponsor just that I needed one, was that because of not working long enough or some other reason.
According to the US Government the poverty line is $18,000 so her wage will cover that, so what was the reason, we just want to know why.

Unfortunately, you may never find out the "why" of it. It's best just to comply with what the ConOff wants.


If we have no other way around this but to get a second sponsor will just forget the whole thing and stay in the UK.
Wow!


Neither of us feel happy asking someone to be that sponsor with the danger that if I have a problem in the US and for some reason can pay my bills, that person becomes responsible for the payments.
Worse case scenario is that if I am sued and can’t pay they could lose out big time.
Hmmmm....sounds to me like you don't really understand the specific responsibilities of a sponsor / joint sponsor. Have you read the I-864 and instructions? Doesn't sound like it. You have their responsibilities all wrong.

Rene

meauxna Feb 2nd 2010 1:08 pm

Re: Failed Interview
 

Originally Posted by DK_4523 (Post 8306414)
If we have no other way around this but to get a second sponsor will just forget the whole thing and stay in the UK.
Neither of us feel happy asking someone to be that sponsor with the danger that if I have a problem in the US and for some reason can pay my bills, that person becomes responsible for the payments.
Worse case scenario is that if I am sued and can’t pay they could lose out big time.

None of that is what is involved with the I-864 sponsorship.

katnap8 Feb 2nd 2010 9:14 pm

Re: Failed Interview
 
I know you must feel deflated not getting your visa approved on the day, we felt the same way, but we sent in what they required along with the blue form we were given and had the visa back within 2 weeks of sending the documents to the Embassy.

Hopefully you can get a joint sponsor and get your wife's taxes dones as it sounds like that will satisfy the requirements and you could get your visa.

Good Luck

DK_4523 Feb 3rd 2010 1:41 am

Re: Failed Interview
 
I will admit that i did leave it to my wife to deal with the I-864 form
But in the instructions for the I-864 form it states under the subheading

What is the Propose of This Form?
"to show that they have adequate means of financial support and that they will not become a public charge"
It also asks for the income for the sponsor (questions 23/24 of the I-864)
Is this not what they mean that if i cant pay they may have to, if this is not the case why would they need to know the sponsor income at all!

If i am incorrect please let me know or direct me to some info that explains
things clearer:confused:

Thank you for ANY help you can give.
I have lived in the UK for long enough and Need a change.

BritishGuy36 Feb 3rd 2010 1:50 am

Re: Failed Interview
 
If all you are bothered about is having a 'change', then the US is probably not for you. Unless you have a compelling reason to come here, you'll likely not stick it out anyway.

More unemployment than the UK, no free healthcare, hard country to legally immigrate into....

Try Canada or Australia.

Noorah101 Feb 3rd 2010 2:14 am

Re: Failed Interview
 

Originally Posted by DK_4523 (Post 8308278)
What is the Propose of This Form?
"to show that they have adequate means of financial support and that they will not become a public charge"
It also asks for the income for the sponsor (questions 23/24 of the I-864)
Is this not what they mean that if i cant pay they may have to, if this is not the case why would they need to know the sponsor income at all!

If i am incorrect please let me know or direct me to some info that explains
things clearer:confused:

No, this is not what they mean. Here you go:

http://www.uscis.gov/files/form/i-864.pdf. Page 1, under heading "How Is This Form Used?"

http://www.uscis.gov/files/form/i-864.pdf. Page 6, under heading "What Does Signing the Form I-864 Require Me to do?" and right below that, "What Other Consequences Are There?"

http://www.uscis.gov/files/form/i-864p.pdf. Under "Means Tested Public Benefits"

Come on back if you have any questions after you've read those bits above.

Rene

DK_4523 Feb 4th 2010 12:54 am

Re: Failed Interview
 
After over 30 years in the same job and my whole life living in the same area, Yes i feel like a change, but my wife having 2 kids from a previous marriage and one of them having 3 kids of her own is the other reason for the move, so yes i do have reason for the move.

Question?
Is there any problem with having a joint sponsor that is Retired and on a pension?
I dont think they would have a problem meeting the financial requirement as the pensions the get are Very good, but not sure if they would have a problem with age or something else.

So it appears they May have to pay if I/We cant?
By signing Form I-864, you are agreeing to use your resources to support the intendingimmigrant(s) named in this form, if it becomes necessary.

necessary would be as shown below, Yes?
What are these?
Federal, State, or local means-tested public benefits

Sorry should look this up myself i know but i see some great info and advise given on the forum.

Rete Feb 4th 2010 1:27 am

Re: Failed Interview
 
I get the feeling you might be looking for a reason not to emigrate.

A few things to remember:

1. Your wife is the first person the US Government will go after while the I-864 is still in effect if you collect means tested benefits;

2. The co-sponsor is the second line of repayment if your wife fails to repay the US Government;

3. The I-864 will be nullified a) after you have worked 40 quarters under social security requirements; or b) you become a USC; or c) you die; or d) you give up your green card and leave the US; or 4) your green card is revoked by the USCIS and you are deported;

4. If you get divorced you can sue your wife for alimony to the tune of 125% of the poverty guidelines if you are not working.

You were asked for a co-sponsor simply because your wife has not been working long enough to show that she will continue working until one of #3 is fulfilled and thus you need a co-sponsor.

means-tested benefits are listed on the USCIS website.


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