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-   -   Interview in London - refused HELP! (https://britishexpats.com/forum/usa-57/interview-london-refused-help-735630/)

teamrandb Oct 14th 2011 8:19 am

Interview in London - refused HELP!
 
Hi All, so we are back from London with disappointing news! My husbands visa was not approved yesterday Of course I have been going crazy ever since.

It was a VERY long day but we were missing the I864A which my aunt needed to fill out because her and my uncle (who are joint sponsors) file their tax returns jointly.

It is all a complete blur once we were at the interview window and the lady said "there is a problem with your paperwork!". We are working now on getting the form completed in California, shipped to us in the UK and then we need to courier it down to London for review.

My questions is for those that went through the interview process and were approved:

- Did they take all 3 of your photos? We only gave 2 photos at the first window but never gave another photo and I am worried that is a problem

- After submitting your own I864 with your US tax returns, were you asked to prove more domincile. I brought SO much stuff to prove domincie in the US and was asked for none of it.

- Has anyone else had this happen and do you know once the embassy gets the paperwork back, how long it takes to get approved.

- If the blue paper only says we are missing this form, is that all we are missing, or could they come back and say we are still missing more?

Any help, advice, suggestions, supporting evidence anyone can provide I would more than appreciate. I am an absolute stress ball over here as my UK spousal visa expires on Dec 16th and we have flights booked for Dec 13th. I definitely do not want to leave with out my husband and I am not sure how far this pushed us back.

HELP!!!!!!!!!! (and thank you in advance for your help)

ian-mstm Oct 14th 2011 1:54 pm

Re: Interview in London - refused HELP!
 

Originally Posted by teamrandb (Post 9674209)
... we were missing the I864A which my aunt needed to fill out because her and my uncle (who are joint sponsors) file their tax returns jointly.

If the I-864A is all that was missing, then that's likely all they'll ask for.



Did they take all 3 of your photos?
Were you asked for 3 photos? If not, then 2 were sufficient.



After submitting your own I864 with your US tax returns, were you asked to prove more domincile. I brought SO much stuff to prove domincie in the US and was asked for none of it.
Were you asked about proof of domicile? If not, then it was likely not an issue.



I definitely do not want to leave with out my husband and I am not sure how far this pushed us back.
It will likely only push you back as many days as it takes you to provide them with the requested information.

Ian

S Folinsky Oct 14th 2011 2:01 pm

Re: Interview in London - refused HELP!
 
There is an old American slang phrase: "Shooting fish in a barrel."

The Consulate has defined the barrel and the ammunition needed. :)

CAProgrammer Oct 14th 2011 7:04 pm

Re: Interview in London - refused HELP!
 

Originally Posted by teamrandb (Post 9674209)
It was a VERY long day but we were missing the I864A which my aunt needed to fill out because her and my uncle (who are joint sponsors) file their tax returns jointly.

Is your aunt an actual joint sponsor or is she just on the tax return that was filed jointly?

I ask because my father-in-law is my joint sponsor but his tax returns are filed jointly with his wife. I also have his W2 and a few payslips to show that he earns most of the income. Would an I-864A still be necessary from my mother-in-law?

teamrandb Oct 14th 2011 7:13 pm

Re: Interview in London - refused HELP!
 

Originally Posted by CAProgrammer (Post 9675305)
Is your aunt an actual joint sponsor or is she just on the tax return that was filed jointly?

I ask because my father-in-law is my joint sponsor but his tax returns are filed jointly with his wife. I also have his W2 and a few payslips to show that he earns most of the income. Would an I-864A still be necessary from my mother-in-law?

Because they filed their tax return jointly, she needs to fill out a I-864A. This is an agreement between joint sponsor and household member. I "think" it means that because they file their taxes jointly, she is acknowledging his intention to sponsor you. They both sign this form where as your father-in-law only signs the I-864. On the I-864, there is a part where household members are listed and a box to check that a I-864A is provided. Definitely bring both I-864 and I-864A just in case. I do hope this helps you not land in the situation we are in now :)

CAProgrammer Oct 14th 2011 7:28 pm

Re: Interview in London - refused HELP!
 

Originally Posted by teamrandb (Post 9675327)
Because they filed their tax return jointly, she needs to fill out a I-864A. This is an agreement between joint sponsor and household member. I "think" it means that because they file their taxes jointly, she is acknowledging his intention to sponsor you. They both sign this form where as your father-in-law only signs the I-864. On the I-864, there is a part where household members are listed and a box to check that a I-864A is provided. Definitely bring both I-864 and I-864A just in case. I do hope this helps you not land in the situation we are in now :)

Thanks, I'll have to get my father-in-law to fill out and send another I-864 then. I hope your case is resolved before your ticket date.

jeffreyhy Oct 14th 2011 8:16 pm

Re: Interview in London - refused HELP!
 
It should not be necessary, no, provided that:
- The I-864 and supporting documents are clear that only your father-in-law's income is being used, and
- Your father-in-law's income alone is sufficient.

I think where many people run into trouble is that, where the I-864 asks for the sponsor's (or joint sponsor's) income as reported on tax returns, they put the joint income that was reported and not just the sponsor's (or joint sponsor's) income, and/or they don't give a clear, documented breakdown of the numbers on the tax returns to separate out the sponsor's (or joint sponsor's) portion.

As a result, it appears to the consular officer that both incomes are being used.

Regards, JEff



Originally Posted by CAProgrammer (Post 9675305)
I ask because my father-in-law is my joint sponsor but his tax returns are filed jointly with his wife. I also have his W2 and a few payslips to show that he earns most of the income. Would an I-864A still be necessary from my mother-in-law?


krazstir Oct 15th 2011 6:38 pm

Re: Interview in London - refused HELP!
 
[QUOTE=teamrandb;9674209]

- Did they take all 3 of your photos? We only gave 2 photos at the first window but never gave another photo and I am worried that is a problem
QUOTE]

This is from the Embassy Website:
Photographs: Three color photographs which meet Department of State specifications. These photographs must be full-face and taken within the last six (6) months. Note: Of the three photographs, two (2) are required for the visa and one (1) for your medical examination.

No worries about the photos!

:thumbup:

CAProgrammer Oct 16th 2011 9:43 pm

Re: Interview in London - refused HELP!
 

Originally Posted by jeffreyhy (Post 9675432)
It should not be necessary, no, provided that:
- The I-864 and supporting documents are clear that only your father-in-law's income is being used, and
- Your father-in-law's income alone is sufficient.

I think where many people run into trouble is that, where the I-864 asks for the sponsor's (or joint sponsor's) income as reported on tax returns, they put the joint income that was reported and not just the sponsor's (or joint sponsor's) income, and/or they don't give a clear, documented breakdown of the numbers on the tax returns to separate out the sponsor's (or joint sponsor's) portion.

I think my father-in-law was guilty of this. He put down the income on the tax return instead of the income from his W2. I've redone the I-864 using his actual income from his W2 instead of the joint income reported on the tax returns and I'm including copies of his W2s for the last 3 years along with copies of 6 months pay stubs from the current year.

Is it okay to give them copies or do they demand the originals for W-2s and pay stubs?

Noorah101 Oct 17th 2011 1:29 am

Re: Interview in London - refused HELP!
 

Originally Posted by CAProgrammer (Post 9678337)
I think my father-in-law was guilty of this. He put down the income on the tax return instead of the income from his W2. I've redone the I-864 using his actual income from his W2 instead of the joint income reported on the tax returns and I'm including copies of his W2s for the last 3 years along with copies of 6 months pay stubs from the current year.

Is it okay to give them copies or do they demand the originals for W-2s and pay stubs?

My understanding is that the pay stubs can be copies, but the W-2's need to be originals. Your father in law will be sending you another original I-864 anyway, right? His I-864 needs to have an original signature on it.

Rene

teamrandb Oct 17th 2011 7:04 am

Re: Interview in London - refused HELP!
 

Originally Posted by Noorah101 (Post 9678663)
My understanding is that the pay stubs can be copies, but the W-2's need to be originals. Your father in law will be sending you another original I-864 anyway, right? His I-864 needs to have an original signature on it.

Rene

I had the I864 already, so all we needed was the I864A which requires both my uncles signature as the sponsor and my aunts signature as the household member. She is sending me her W2's as well and I will send that in and hopefully it will all be okay. I am also sending in a copy of her passport. My uncle owns his own company so this does get a little more trickyt as he is self employed and my aunt receives W2's from his company. After I send in the I864A, the embassy will have my aunt and uncles joint tax return, the I864 from my uncle, a copy of his passport, I864A from my aunt, her W2's, a copy of her passport. Hopefully this will be enough....watch this space :)

krazstir Oct 17th 2011 7:32 am

Re: Interview in London - refused HELP!
 

Originally Posted by Noorah101 (Post 9678663)
My understanding is that the pay stubs can be copies, but the W-2's need to be originals. Your father in law will be sending you another original I-864 anyway, right? His I-864 needs to have an original signature on it.

Rene

This is taken from the I-864 Step by step Instructions:

25. Federal Income Tax Information
You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year.
If you provide a photocopy of your tax return(s), you must include a copy of each and every FormW-2 and Form 1099 that relates to your return(s). Do not include copies of these Forms if you provide an IRS transcript of your return(s) rather than a photocopy.

I read this as saying that photocopies are acceptable, even for the w-2 forms. Was wondering if anyone else went to their interview with photocopies and if it was or wasn't a problem? I don't have the originals for my parents, but could ask them to send them to us if it's required.

Noorah101 Oct 17th 2011 7:46 am

Re: Interview in London - refused HELP!
 

Originally Posted by teamrandb (Post 9678937)
I had the I864 already, so all we needed was the I864A which requires both my uncles signature as the sponsor and my aunts signature as the household member. She is sending me her W2's as well and I will send that in and hopefully it will all be okay. I am also sending in a copy of her passport. My uncle owns his own company so this does get a little more trickyt as he is self employed and my aunt receives W2's from his company. After I send in the I864A, the embassy will have my aunt and uncles joint tax return, the I864 from my uncle, a copy of his passport, I864A from my aunt, her W2's, a copy of her passport. Hopefully this will be enough....watch this space :)

OK...I got confused when you said "I've redone the I-864..." It sounded like your uncle provided an I-864 but that YOU have revised it somehow. But perhaps I misunderstood.

Rene

Noorah101 Oct 17th 2011 7:47 am

Re: Interview in London - refused HELP!
 

Originally Posted by krazstir (Post 9678957)
This is taken from the I-864 Step by step Instructions:

25. Federal Income Tax Information
You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year.
If you provide a photocopy of your tax return(s), you must include a copy of each and every FormW-2 and Form 1099 that relates to your return(s). Do not include copies of these Forms if you provide an IRS transcript of your return(s) rather than a photocopy.

I read this as saying that photocopies are acceptable, even for the w-2 forms. Was wondering if anyone else went to their interview with photocopies and if it was or wasn't a problem? I don't have the originals for my parents, but could ask them to send them to us if it's required.

Could be that copies of the W-2 are acceptable in London. We didn't go through London, and I had to provide originals, this was back in 2004 as well, so perhaps nowadays in London copies are acceptable.

Rene

CAProgrammer Oct 17th 2011 8:02 am

Re: Interview in London - refused HELP!
 

Originally Posted by Noorah101 (Post 9678981)
Could be that copies of the W-2 are acceptable in London. We didn't go through London, and I had to provide originals, this was back in 2004 as well, so perhaps nowadays in London copies are acceptable.

Rene

I filled a new I-864 form with the correct information and I've mailed him the file to print and sign so it will have an original signature on it.

I have "original" transcript of his tax returns from the IRS so does that mean I can use photocopies of the W-2s and not the originals?


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