ForumTitleContentMemberSexCountryDate/Time
US Embassy and Consulate DiscussionThis is too much to even believe
I'd just like to add that it's perfectly understandable that your fiancé would be stunned with the fact that it wasn't approved, that just possibly his recollection of the line of discourse *might* be emotionally charged. I'm not suggesting that he is not telling the truth about the manner in which he was treated by the CO, but when one is shocked, sometimes the memory can get a little foggy and other feelings may become imbued in relating the events.

While others have mentioned that COs can employ various techniques to get to the bottom of a matter, I'd seriously doubt that blackmail and lying are within their legal realm, however, the alien applicant has the onus to overcome any obstacle or impression that the visa is not warranted. Having a relationship that does not follow the norm, raises the bar. Rather than respond in furor, it would be wise to analyse the factors that could contribute to that impression by the CO and see which ones you can address. Simply put, there is an age difference; a divorce; a distinction in religious background, all of which can not be changed, but the matter relating to the family's acceptance of this atypical romance can be addressed, even if it means facing some resistance and objection by the remaining family members. It *could* very well be that Bala's knowledge that the family would not approve of the relationship, were they to be aware, was telegraphed in his demeanour with the CO. I'm not saying that was the case, but it is possible and COs are trained to take all sorts of queues to a line of questioning.

Although I don't always agree with desert fox in his delivery, he is good practice for dealing with the occasional matter-of-fact consular officer. :lol: The issue here is that Bala did not overcome the presumption that the relationship is valid. The question becomes what more can you do to overcome that? I would suggest a meeting with the family, to gain their approval, first off.
diadromous mermaidFemale02006-07-08 07:26:00
US Embassy and Consulate DiscussionVISA DENIED OUTRIGHT???????

So sorry to hear this........this must be the day for bad news. I can tell you right now that representatives and senators can do nothing for you. I just spoke with my senators office this morning and they were as rude as the embassy themselves. They told me that they had no power to do anything as far as the visa was concerned, all they could do was make inquires as to where the case was.

WE havent been denied yet, but the same as, our file was sent back to the USCIS and in our case we had four years of proof but they were not interested in seeing any of it. Some like to think its our fault that we didnt give enough proof.. but the cold hard fact is, if they decide in their mind its a fraud then they could care less about how much proof you have.

I wish you much luck in your process, Im sure by now you are in same awed state that we are , and left wondering how on earth the embassys can treat us in such a way and no one in power seems interested in helping us. I guess they have the same sentiment as my senators office had , which is "there is nothing in the constititution that gives you a right to bring a foreign fiance to America."



vicki/bala


vicki,

As difficult as it is to find reason in all of this, congresspeople are impotent in affecting any decision, but they can, on behalf of their constituents, make enquiries as to progress. If you think about it, would you really want congressional individuals deciding matters that relate to immigration? I know, in my region, I certainly wouldn't!
diadromous mermaidFemale02006-07-14 14:25:00
US Embassy and Consulate DiscussionNew Article on Consular Denials

For those who are interested, "Immigration Daily" has just published an article of mine about consular denials of K-1 visas and an interesting process of more or less "automated" findings of misrepresentation. It is here.

I've written it from a more or less neutral perspective. "Just the facts, M'aam."

It will change the way a lot of lawyers & petitioners file I-130 & I-129F petitions.
I've known some of this stuff for a long time. But there is other information in the article
I've only just learned.

Very interesting dynamics. You noted some of the potential red flags that could result in a returned petition would be..
Quoting from your article http://www.ilw.com/a...0323-ellis.shtm

1. A very brief courtship followed by a plunge into matrimony;

2. A marriage ceremony arranged only a short time after petitioner arrives in the beneficiary?s country and they meet for the first time;

3. No common language;

4. Petitioner resides with family members of the beneficiary in the US;

5. Petitioner is employed by or has a business relationship with a relative of beneficiary;

6. Petitioner submits phone records that show he uses a residential phone number that is listed in the name of another person.

7. US divorce followed very quickly by an engagement to foreign beneficiary is often a red flag for consular officers.

8. There is little or no documentary evidence of the relationship prior to the actual engagement.

9. Long gaps of time between the petitioner & beneficiary being together in person.

10. Failure to disclose previous marriages;

11. Failure to disclose previous petitions filed on behalf of other beneficiaries.

Some of the above are addressed in the questions on the petition, but some are not exactly answers to the petition questions. So, if there is a potential red flag, and you recommend apprising DHS of it in the petition, are you recommending that this information become part of the narrativce of a cover letter?

Edited by diadromous mermaid, 22 March 2006 - 09:04 PM.

diadromous mermaidFemale02006-03-22 21:01:00
US Embassy and Consulate Discussionabout green card holder's spouse

HI,
I AM WRITING FIRST TIME. I READ ALL THE PEOPLE VIEWS AND I CAME TO THE POINT THAT U GUYS CAN ANSWER MY QUESTION

MY SISTER IS GREEN CARD HOLDER AND SHE APPLIED IN OCT 2001 FOR HER SPOUSE, IN ONE YEAR HER PETITION GOT APPROVED AND WAS SENT TO NVC. IN OCT 2005 NVC HAS SENT HER CASE TO NEW DELHI EMBASSY AS SHE IS CLOSE TO PRIORITY DATE BUTSUDDENLY IN APRIL HER PRIORITY DATE WENT BACK 2 YEARS AS PER VISA BULLTEIN. NOW HER CASE IS NEWDELHI EMBASSY MORE THAN A YEAR.
MY QUESTION IS HOW LONG SHE HAS TO WAIT MORE SINCE HER CASE IS IN EMBASSY
DID ANY BODY EDXPERIENCED THIS KIND ISSUE AND TRIED TO FIND OUT?
CAN U GUYS TELL ME WHAT COULD HAPPEN
THANKS



The second preference family-based category deals with relatives of permanent residents and is subject to annual visa limits. This can create visa backlogs, dependent upon how many petitions were requested each year. India, Mexico and the Philippines have a higher demand for immigrant visas and are subject to country-specific annual limits. The rate of progression for priority dates often varies and as the USCIS approaches it end of year, which falls on September 30, it is not uncommon to see a noticeable retrogression in priority date.

Presumably, when your sister's petition was approved and sent to New Delhi, they must have exceeded the visa quota for that year. Retrogression is used as a tool to attempt to keep the number of visas issued each year within the number allocated for the year.
diadromous mermaidFemale02006-09-03 22:04:00
US Embassy and Consulate DiscussionPlease! I need your help

Hi everybody!! I have not get in here since time ago because I was waiting that at my Embassy send to me the final pkt 4 since July...

Now almost 2 moths later, I already receive it and also my appointment letter... but I am so worry, because some people have told me that I don´t have to present my marriage certificate from my country, I mean, my housband is a permanent resident since 10 years ago because his aunt is an american citizen and she asked my mother-in-law her husband and sons (there caught my housband his permanent residence) well, they wait to obtain it almost 12 years... since my husband was 8 years old. Whe he was 19 so like me, we got married at our country, but we (he and me ignore about the petition of his family and that it was almost ready, nobody told us nothing) so, he went to USA with his parents 8 months later that we got married.

A year later being there (he), we got married under the USA laws (by power) and the petition process for me started (the I-130 F2A). Now, 10 years later waiting, now that we already have our interview, some people have told me that I have problems because we got married at my country before he obtained his permanent residence and because he continued that process without inform that he had get married.

Please tell me if that is true?? Could I have some problem?? Do I have to present my usa marriage certificate and my country marriage certificate too? Or just one of them?? I am so worried, I have waiting here, I have not done anything against law never :(

Please give me an advice or tell me if that is false or true... I will be thank of you!!


I'm not sure if I understand your post, perhaps you could help me to better understand.

Your husband's Aunt petitioned her brother and his wife and children (one of the children is now your husband) to immigrate to the USA many years ago, when your husband was only a small boy. Many years later, when his parent's visa was approved, they all then moved to the USA, but prior to that he married you in Guatemala. Once your husband received LPR he began a petition for you to join him in the USA as his wife under F2A. Is that correct?


Are you concerned about your husband's status, since he was married to you before he received his green card?

F2A: Unmarried children or sons/daughters should not get married prior to the green card approval. If they get married after I-130 is filed, the petition is considered invalid. Neither the married child/son/daughter nor his/her spouse would be able to get a green card under this category.
diadromous mermaidFemale02006-09-11 14:00:00
US Embassy and Consulate DiscussionLast thing re sponsor

Hi all,

thanks for your help people so far. Mush appreciated.
having left our visa applications for a while as we had other issues with family in uk, we are now back on track.

The only prob now is that the sponsor we were going to use (my dad) has since lost his job. We filled all the sponsor forms in and were ready to go but now, do i have to fill in more forms or am i able to leave them and explain at the interview.
He has a new job now but who knows what happens in the future and what if he were to lose his job the day before the interview.

many thanks
J


texaninUK,

Who can predict the future? :) Is the job your potential joint sponsor received the equivalent, in terms of remuneration, to the one he lost?
diadromous mermaidFemale02006-08-29 10:10:00
US Embassy and Consulate Discussionif i filed 3 dependents last year ????

hi,i filed me and my 2 kids last year.so i just thought maybe i can file 1 from now on and let my ex wife claim my kids will this be ok.also i thought just have my mom file joint sponser and still claim 1 should be more than enough but do i need to have my dad on there too or is my mom ok if she makes enough???i dont know how explain this very well


Are you referring to claiming dependents on a tax return or on an Affidavit of Support?
diadromous mermaidFemale02006-10-02 18:39:00
US Embassy and Consulate DiscussionWhat happens if there is war?

Jassan, you refered to her as your wife. Are the 2 of you are already married?



Seems that way, K-3 in his profile. :)
diadromous mermaidFemale02006-10-15 18:25:00
US Embassy and Consulate DiscussionPrivate business owner and income

I have seen this before but cannot find the topic. My gross income was significantly different because of some large deductions. Has anyone had experience with this.



Your gross income or the business income is significantly higher prior to deductions? Do you declare your personal income by way of a Schedule C as part of the 1040 form?
diadromous mermaidFemale02007-01-01 21:22:00
US Embassy and Consulate DiscussionK-1,second denial...i am devastated, help plz,

The 1st denial, they asked for

1.Proof of my purchase of the tickets to China. (7 of them)
2.My personal statement.
3.Cosponsor's personal statement stating why he is willing to help me.
4.My 2003/2004 tax return.

my girl submitted all those today. Now, they want more!!!

1.Cosponsor's 2003/2004 tax return

--------------
Case info:
Cosponsor is my step-father and he is retired.
He brought me here long time ago.
I am in college but im gonna graduate very soon.
I met my girl in middle school in China and the relation started from there.
Ok, i heard people from Fujian province are been treated very different than the others.
I and my fiancee are both from Fujian.
---------------

what is it they are really looking for? am i screwed? sad.gif
i am planning to seek help from house rep. and senator. Is that gonna do any good? thx guys~
------



Being retired does not necessarily obviate the need to file a tax return, although it might. If your cosponsor filed a tax return in 2003 and 2004, then provide them. If no such returns were required, provide information claiming that and why. It seems like a reasonable request for the consul to make. There are discretionary elements to proving that an alien will not become a public charge.
diadromous mermaidFemale02006-10-13 08:50:00
US Embassy and Consulate DiscussionVISA IN HAND! with annotation:

I received my visa 2 days ago!! In Mexico.
VISA has a note that says:

"212 (a) waiver blanket"

DOES SOMEONE KNOW WHAT IS THA MEAN? :blush:

What visa was it that you applied for? Section 212 (a) deals with inadmissibility on health related grounds.
diadromous mermaidFemale02007-01-20 16:23:00
US Embassy and Consulate DiscussionTax Form Schedule C Profit & Loss

My side job is real estate. Does the embassy know how to read the 1040 & 1040 schedule c. Are they looking at the total income overall? Or losses etc? Just wondering.


I have heard it is adjusted gross income... true or not I do not know.


Net income from business activity is carried over from a Schedule C into the first part of form 1040 (line 7, I think) so it will be included/fall down to the adjusted income line.
diadromous mermaidFemale02007-01-10 15:06:00
US Embassy and Consulate DiscussionJoint sponsor required - Unemployed parents worthwhile?

Employment doesn't matter if they can still show assets, etc, that bring them to that required amount per year. Read the I-134 instructions again.

Bear in mind that ANYONE can be a cosponsor, doesn't need to be a family member. If that helps.


Really! ANYONE, TimsDaisy?
diadromous mermaidFemale02007-07-16 14:58:00
US Embassy and Consulate DiscussionQuestinons about Affidavit of support - self employed
QUOTE (MasterNateDawg @ Aug 30 2007, 02:38 PM) <{POST_SNAPBACK}>
What exactly is and how do i get a "report of commercial rating concern"?



D and B rating (Dunn & Bradstreet) would be one way.
diadromous mermaidFemale02007-09-11 12:51:00
US Embassy and Consulate Discussionself employed 1099 tax return
QUOTE (sanfranguy @ Jan 24 2008, 10:42 PM) <{POST_SNAPBACK}>
i still owe the irs for 07' since i filed 1099 self employed. i have the tax return. will this be a problem that i owe them?


You can't owe '07 taxes, since the filing deadline for tax year 2007 isn't until April 15, 2008. Do you mean that you haven't paid the taxes you incurred as a self-employed individual for income you derived in year 2006?
diadromous mermaidFemale02008-01-25 18:55:00
US Embassy and Consulate DiscussionHELP! mother-in-law giving us a hard time
QUOTE (marcella @ Feb 11 2008, 06:44 PM) <{POST_SNAPBACK}>
Hello everyone,

I would love some advices with my situation.
My mother-in-law is gonna be our co-sponsor. I have an enterview on Feb21st, and after sending us a lot of documents for the Affidavit of Support, she refuses to send me the tax return forms. She says she is worried about all the information that is there, like her SSN, and something about indentity theft (?). I would get another co-sponsor, but at this point, It will take a lot of time I dont have, so I just need to convince her that these documents are VERY IMPORTANT and absolutely needed (she says on the form it says that she wont need that since shes self-employed). Im doing some research here, but since my english not that good, anyone has any advices on how I could explain it to her why I need those documents? (If I just say "I need it, thats it" she wont believe me since the forms says I don't.)

Ohwell, hope I made myself clear. I need to email her asap! Please heeelp good.gif

She needs to show her income. Technically, she would not supply a business return (this may be where she is getting the idea that she is not required to submit a return) but she has to demonstrate that her income is 125% of the poverty guideline for her household and the sponsored immigrant. If she is self-employed, chances are she submits a Federal tax return and either a Schedule C form, or a K1 (no reltainship to the immigration term) that shows the business income that is attributed to her as personal income.
diadromous mermaidFemale02008-02-11 18:56:00
US Embassy and Consulate DiscussionI - 134 : What is "Report of Commercial Rating Concern"
QUOTE (tallcoolone @ Apr 20 2008, 03:46 PM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Apr 20 2008, 02:30 PM) <{POST_SNAPBACK}>
QUOTE (tallcoolone @ Apr 20 2008, 08:25 AM) <{POST_SNAPBACK}>
For Self Employed:

1. Copy of last income tax return filed

2. Report of commercial rating concern

What does this generic term mean:


Like a Dun and Bradstreet rating/report.


My business is not a LLC or Inc.

It's all based on my SS#.

Can I still get a Commercial Rating?


Yes, I believe D & B rating are done on proprietorships that are DBAs, but why would you want that?
diadromous mermaidFemale02008-04-20 17:25:00
US Embassy and Consulate Discussionbest way to be with your partner if not ready for marriage?
QUOTE (colinjess @ May 6 2008, 06:52 PM) <{POST_SNAPBACK}>
thanks!!

how would i go about finding an employer... surely it would be eaiser for them to find a us citizen for the jobs that i could work as ( im not a specialist in any field , as i have read about)

also the student idea how could i do this? does it involve sponsers and visas ?

thanks

http://www.travel.st...types_1268.html
diadromous mermaidFemale02008-05-06 17:56:00
US Embassy and Consulate Discussionbest way to be with your partner if not ready for marriage?
QUOTE (colinjess @ May 6 2008, 06:34 PM) <{POST_SNAPBACK}>
hi my partner and i have been speaking and we feel that we need to spend some more time together... before we get married!

i just wanted to know if any one has and idea of how we could do this? im from the uk she is from usa( tx)


i know i can go for 90 days on the visa waiver programme, but i want to go for long with the possibility of work???

any help or ideas would be greatlyappriciated!!

colin and jess

Are you interested in becoming a student perhaps?
diadromous mermaidFemale02008-05-06 17:48:00
US Embassy and Consulate Discussionillegal??
QUOTE (ROZA @ May 25 2008, 05:38 PM) <{POST_SNAPBACK}>
QUOTE (rebeccajo @ May 25 2008, 08:25 PM) <{POST_SNAPBACK}>
No there's nothing illegal about it. The consular officer is a representative of the United States government. His or her duties are clearly spelled out in the Foreign Affairs Manual.

Now the question arrises if the CO is the one who will approve of deny the visa then what is the justification of the documentation which we provide the USCIS and NVC and got approved???


Well the petition by the USC on behalf of the alien has been approved ~ by demonstrating a number of critical criteria, such as having met within the past 2 years and being able to marry, but that is only one step in the process. The alien must likewise demonstrate the same and pass other criteria as well.

Furthermore, there is something which is known as unilateral fraud. In other words, where a USC demonstrates a genuine interest in an alien, but the alien, unbeknownst to the USC, has other intentions?
diadromous mermaidFemale02008-05-25 16:49:00
US Embassy and Consulate Discussionillegal??
QUOTE (don2008 @ May 25 2008, 11:38 AM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ May 25 2008, 09:40 AM) <{POST_SNAPBACK}>
QUOTE (don2008 @ May 24 2008, 10:51 PM) <{POST_SNAPBACK}>
i was thinking about come things and was wondering what is everyone elses take on this.

ok, so my fiancees first interview wasnt good. in short the officer pretty much told her that she belived that the only reason we filed for the visa was just for her to come to the US and that we did not have a "bona fid" relationship. correct me if im worg here, but isant that illeagal? so if the consulate offcie thinks im doing something illegal shouldnt they be trying to press charges or something?? it really feels like im guilty and need to prove my self innocent here. its really crazy how many get denied from the HCM consulte. if they really think that many people are doing somehting worng shouldnt they do somehting about besides breaking the innocents hearts....


Nobody will press any charges against you.

Your fiancee was given a paper explaining why she didn't get the visa. What color was it and what did it say exactly? Time to "prove yourself innocent", move to Vietnam or find a new girl.




i already know what i need to do now, she got a green slip. im just frustrated with the whole process. its aggravating when the officers there just throw false accusations at me. the whole "prove my self innocent" comment was because i think they should be looking at everything first then decide if its a bona fid relationship or not, but thats not the case there in HCM. if they think im doing somehting illeagal then they need to charge me and if not they need to approve my visa request. theres no way im just going to give up. i shouldnt have to move to vietnam to exercise my rights.


Pedantic, I know, but if the rejection or denial occurs at HCM or at any consular level, actually, the person you believe is *accusing YOU of wrong doing* is doing nothing of the sort! That CO might feel suspect of the alien's bonafide intentions, but not yours. smile.gif
diadromous mermaidFemale02008-05-25 16:23:00
US Embassy and Consulate DiscussionNo Income tax papers to submit
Unless the joint sponsors are living in the same household as you, (in which case they'd be Household Members and file an I-864A to ammend to your I-864) your projected income has nothing to do with their ability to be qualified sponsors or meet the poverty line benchmark.

QUOTE (Kerri @ Sep 4 2008, 08:25 PM) <{POST_SNAPBACK}>
Hello, I am just looking for advice or anyone with a similar response. I am filling out the support information to submit for my husband. I did not make enough money last year to file income taxes, mainly because I was in Morocco for the biggest part of the year and when I came home there wasnt enough time for me to work enough to be able to file. I have two joint sponsors and their income plus the income I am projecting to make this year sets us over the poverty level big time. My husband and I also welcomed our daughter into this world on March 28th 2008 and I just want to make sure we get all the paperwork completed so he can get here.
If anyone can relate or give me advice on what to include, please let me know. I did have papers notorized stating why I did not meet the minimum requirements to submit income tax papers and what I have been doing the past 3 years, inlcuding college and a copy of my college degree stating when I graduated.
Thanks so much!

diadromous mermaidFemale02008-09-04 20:41:00
US Embassy and Consulate DiscussionK-1 Interview Failed. What now?
So, if I understand your explanation, she was, in actuality, denied for telling the truth! You *did* meet through her uncle, and that is what she said, even though her uncle and you had agreed that she would neglect to mention it. As far as I can see, there shouldn't have been a Material Misrepresentation finding, if that is the case. If she declared that you had met solely through the Internet, and then the CO learned that her uncle lived nearby, then I can support the Misrepresentation claim. Which was it?

QUOTE (Nelwyn @ Sep 4 2008, 10:16 AM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Sep 4 2008, 09:47 AM) <{POST_SNAPBACK}>
It's a tough call. Normally, in cases where the Consulate indicates they'll send the case back to USCIS, I advise hiring a local lawyer with specific immigration experience with the Consulate. However, I don't recall seeing a material misrepresentation case come accross the board recently.

The more details we have available, the better. What did she represent, specifically? This is no time for sugar coating.



She was told to stick to 1 story and ended up using 2 stories. We met through her uncle who lives near me but her uncle wanted to hide that fact so told her not to mention him. We were going to use a story that we met on the internet solely, but when she got asked about relatives in the US, she mentioned him and then she made it worse saying he lives close to me. So of course they aren't going to believe the ridiculous chance that he just happens to live next to me but we did not know each other. So it was really her fault for deviating from the story she said she was going to stick to. I just can't believe this would happen after waiting just over a year for all this to happen since I met her in person.

Everything else went smooth as far as the I-129F getting approved and then we had to wait 3 months for the interview date. I don't think there is any use in going to Cambodia now except to actually marry her for a K-3 because the consulate has already returned our case to the US. There was a checkbox on the blue form she received which had something about a waiver but it was not checked. So I don't know if they will let me do anything about this case or if they will simply close it.

diadromous mermaidFemale02008-09-04 20:48:00
US Embassy and Consulate DiscussionI need some ideas-support for my Interview
QUOTE (Odai and Kristen @ Sep 8 2008, 05:29 PM) <{POST_SNAPBACK}>
I`d like to know what do you think of this :

At 1st they did set my interview on October 7th, 2008 at 7:30 AM , I asked the U.S Embassy to postpone it for me until 27th Oct . because there is some paperworks that i have to do and my fiancee have to do the Evidence support paper (sponsor paper) which is it important i guess , she could do it After 3th Oct . But i might have the papers that i suppose to do it done before the interview Time.

the embassy told me that they cannot accommodate my request for scheduling in October. so they will scheduling for the month of November. i sent them E mail and told them that the expire of my NOA2 till 17th November , so they sent me mail back saying that my interview on 7th October .

so what i suppose to do now ? should i go to my interview on 7th Oct ? or i have to E mail them again ?
and what If i fail in my first interview because there is lost papers ? they will refuse me or they will give me new Date for the next interview and telling me what the lost papers ?

I`m so confused now wacko.gif . so i need to know what do you think , and want to hear some good advices from you guys smile.gif

Thank you Very Much .
Odai





Perhaps, as an added help, you could take some sort of notice that the documents are on their way to the interview. This way, it will appear that their arrival is imminent and perhaps the CO will schedule a return within a matter of a few days.
diadromous mermaidFemale02008-09-08 19:55:00
US Embassy and Consulate DiscussionI need some ideas-support for my Interview
Why would anyone question whether the OP's petitioner is aware? I think that is taking the matter too far.
QUOTE (ME~n~HIM @ Sep 8 2008, 06:28 PM) <{POST_SNAPBACK}>
It's best not to mess w/ your interview date as it may postpone longer than necessary. Does Kristen know you're going to the interview? As M4E said, I thought you 2 broke up.

diadromous mermaidFemale02008-09-08 19:52:00
US Embassy and Consulate DiscussionI-864 questions, Can you Help?
Is your sister a member of your household?
QUOTE (MarriedinMorocco @ Dec 6 2008, 09:43 AM) <{POST_SNAPBACK}>
My husband has his interview soon and we are finishing all the paperwork. I am in the process of completing everything I need for the I-864, but there are some things I am somewhat confused over. First, I understand that I must file a petition of support even though I will be using a joint sponser. My question lies within the actual boundaries of the joint sponser.

My sister has agreed to be our joint sponser but she has joint income taxes with her husband. She has given me her w-2 and w-4, that clarify her earnings. Still, it may be difficult to find her earnings, directly. Does this mean that he her husband has to file ANOTHER I-864?

I just discovered that I will be filing the I-864 and she will file the I-864A, is it really necessary for her husband for file another I-864A? I would hardly think so. My gut says no, but I want to clarify with others that may have experience.

Thanks so much for all your help everyone!

diadromous mermaidFemale02008-12-07 16:24:00
US Embassy and Consulate DiscussionIncome, W-2's , Small business what to do ??/s
Does youre K-1 figure exceed the minimum poverty guideline for your household (including the alien which you would be sponsoring)?
QUOTE (thepizzadude @ Jan 10 2009, 11:11 AM) <{POST_SNAPBACK}>
I really need guidance from someone who is or has went through this process as a business owner.

Ok, I have a small business and I have not really paid myself through payroll as I have always left the money stay in the business while it was growing, this year will be the first year that I will draw any significant income in payroll form. My past w-2's are not even worth talking about. My company is an S-Corporation which means all the profits from the business are taxed on my personal income taxes which show what that I do in fact meet the requirements for the threshold.
I have read many things about people being denied due to income obviously and I am wondering will my lack of w-2's harm our chances. You will say well how do you live, well honestly I live off the money I have made in my previous years jobs but it has been many years since then and I have now run low on savings. I own a restaruant so I get most my food there good.gif , I have used my credit pretty extensively also, so I do have a bit of debt at this point. wacko.gif I pay most of my bills thru the business so I have never really needed to take anything up to this point.
I have also read that assets help also, but can they carry most of the burden if they won't count the business income, or do they know small business (s-corp's) in particular pass the profits thru to the personal taxes of the owner, and it is not thru a w-2. Income is derived thru capital gains etc and reported and carried thru a form (ironically it is a K-1 form).
My business is paid off and I own my home with a modest amount of equity, own car etc....would these assets in addition to my business profits be enough, or are the just looking for W-2's.
The reason I ask these questions is I have read on forum about people with a little better income over the threshold getting denied and ask for more info on income. I am just concerned and really don't know what to do at this point.
If I could turn back the clock I would have done things a little different, but giving uncle sam ALL my money is something my accountant helps me keep from doing but i'm afraid I probably should have just skip the write offs and depreciation of assets to show more income even though it would have cost more, but then this process would be a walk in the park.
Am I foolish to think I can handle this myself or should I consult a immigration attorney. blink.gif

Thanks for any help u can offer.


diadromous mermaidFemale02009-01-10 11:16:00
US Embassy and Consulate Discussionk-2 visa time limits of one year from issue of k-1
Not sure I've heard of an extension. You'd most likely have to file for a separate immigrant visa once the year expires.
QUOTE (rcrge @ May 1 2009, 09:08 PM) <{POST_SNAPBACK}>
we are nearly out of days for the kids to come on follow to join and us embassy manila wants more documents our marriage certificate and dna test for my wife and her eldest daughter has anyone got an extension on the one year limit for a k-2 visa


diadromous mermaidFemale02009-05-01 21:06:00
US Embassy and Consulate DiscussionInterview gone HORRIBLY wrong!
Well the post I was trying to link is a general sticky post on 221 g on the Family Based Immigration forum, FBI and here is a link to something written on the process of returning petitions, by Marc Ellis. His article is here http://www.ilw.com/a...0323-ellis.shtm

Edited by diadromous mermaid, 25 January 2008 - 07:54 PM.

diadromous mermaidFemale02008-01-25 19:53:00
US Embassy and Consulate DiscussionInterview gone HORRIBLY wrong!
For an overview of some of the steps in AR, you can read here:
http://***removed***...hread.php?t=386

Bloody heck. Is this link STILL being corrupted. Sheesh!

Edited by diadromous mermaid, 25 January 2008 - 07:49 PM.

diadromous mermaidFemale02008-01-25 19:48:00
US Embassy and Consulate DiscussionInterview gone HORRIBLY wrong!
QUOTE (JenK @ Jan 23 2008, 04:54 PM) <{POST_SNAPBACK}>
Hi, today my fiance had his interview at the consulate in Stockholm, Sweden. It did not go well AT ALL and I am SO upset, discouraged, angry, confused, and I dont know what to do.

He went in at 8:30 this morning and they interviewed him with typical questions about our relationship and he gave them all the paperwork. However, they did not seem satisfied with what he brought in as far as evidence of our relationship. We had our letters of intent, letters I sent him, pictures of us together, ticket stubs from his trip here, his proposal letter to me , but apparently this was not sufficient. We do not call each other because of the cost, and if we do, we use prepaid phone cards, so we have no phone bills. We have no e-mails because we do not e-mail back and forth, we talk on MSN. We have chat logs we are going to send in as more evidence.

The CO then asked him if he could come back for further questioning at 2 PM. Keep in mind we have a 9-hour time difference. The consular officer then calls ME at 5:45 AM and starts grilling me with all kinds of questions about our relationship. How did we meet, when did we meet the first time, tell me about his family, what values do you two share, has he ever been married before, what are your wedding plans, do you have honeymoon plans, he even asked what we ate for dinner the first night we met (I dont remember) and asked what side of the bed I sleep on and what side he sleeps on! I am sure they were asking me all this and at the same time asking him the same questions so they could compare answers. I was not even totally awake so I can't even remember half the things I said or that he said. I told him I was scared and he said not to worry.

Then my fiance calls me and tells me our case has been put under Administrative Processing, send in more proof of our relationship, and if they are satisfied, they'll let us know. If they are NOT satisfied, our case is sent to DHS which I hear is the worst possible fate, as they tend to revoke petitions. I would just DIE if that happened!

So now I'm running around thinking of ANYTHING we can possibly send in to prove that this relationship is REAL! Anyone have any suggestions as to what to send? ANY ideas are appreciated, I will NOT give up!!! I am determined to have my honey here by my side and we MUST convince this CO that this is absolutely REAL! Any of you experience an issue like this? What did you do? Any suggestions/advice/recommendations are definitely appreciated!

Jennifer (depressed and sad in Oregon far away from her love)

There's no question that you have evidence that you have communicated, but since you were already still married during some of that time, it doesn't necessarily prove there was a relationship developing. Even though you have presented ticket stubs for his visits, that doesn't always prove you met and especially if that time frame corresponds to a time when you were not available for a relationship. Do you have any evidence that you and he were together during his visit, other than photos which are not necessarily datable evidence? He visited you for 90 days, do you have anything that shows you spend time together during that and subsequent visits?
diadromous mermaidFemale02008-01-23 19:14:00
US Embassy and Consulate DiscussionIncome and Loss
The OP would be well-served to also realise that this "issue" not only impacts immigration and his ability to demonstrate satisfactorily that he can meet the terms of the Affidavit of Support, but also plays a role in any potential sale of his "entity" down the road. Reducing business net profits by any and all available tax write-offs to save the requisite tax, while perfectly legal, can have a negative effect when determining an "entity's" value at sale time.
diadromous mermaidFemale02009-07-22 07:14:00
US Embassy and Consulate DiscussionIncome and Loss
For clarification purposes only, I compared the OP's predicament to that of a food server, not to insinuate that underreporting income in the case of a food server is legal, but to identify that the OP faces a very similar dilemma to the food server (but for purposes that are not in any way illegal). Many individuals in the food service industry underclaim their wages, because such wages are not reported on a w-2, but later find themslves in a situation that is much the same as the OP. They have a greater income than what is declared on their tax return, but can't meet the USCIS income requirement because of the choice to report a lower income figure. The OP, on the other hand, takes every opportunity to avail himself of the full range of business expenses that reduce the net profit of his entity (that flows to his 1040 as "personal income") only to find himself in much the same predicament.
QUOTE (Gary and Alla @ Jul 20 2009, 05:51 AM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Jul 19 2009, 06:37 PM) <{POST_SNAPBACK}>

Help me to better understand your feeling that the business eowner is being penalised. Where is the business owner's dilemma (unfairness in the "income" requirement) any different from a hard-working food server that gets cash tips that far exceed her income that is paid direct from the employer? She can report her tips and show a healthier income for USCIS purposes, and pay more tax as a consequence, or she can not declare a sizeable amount of her earnings, and reap the tax rewards, and fail to meet the USCIS income requirement. How does that differ from what you are claiming?

Big difference. You are completely welcome to CLAIM and pay tax on your tips, just as I claim ALL my income. You are cheating on your income tax, NOT claiming money you earn and EVADING income tax. You SHOULD be penalized, not only by the immigration system but by the criminal legal system. Does that help you understand?

I, on the other hand, claim ALL income I make and am allowed to make legitimate and legal deductions from that income which are used to support my family and then get penalized for claiming it. My car is paid for by my business, which car can also be used by the family or to pick up groceries. The car is OWNED by the business, paid for by the business (along with all gas, insurance, repairs, etc.) and the use of the car is given to me as an untaxed benefit. My wife gets the use of a FREE car! Legally, legitimately...but it counts against my income, it is deducted NOT from my under the table cash tips which are never reported, but from my claimed earnings! You, on the other hand, have unclaimed cash income, the same as a prostitute or drug dealer which you conceal in order to evade tax. So imigine that from what little portion of your income you actually claim, the USCIS would also deduct the cost of owning your car.

As far as Jim's prediciment, I was not aware in a free country that you could be told who to meet in your home, I guess, you live in a different part of Texas than I did. Such Bolshevism woul dhave been met at the point of a gun and answered with "Say what!????" in Runnels County. The local Soviet of Harris County works differently I see. If Vermont tried to tell me who I can meet and talk to in my home, I would walk over the border into Quebec and start over.

Also I do not see how a local ordinance can prevent you from claiming legitimate deductions from Federal income tax. You do use your home in your business and the Fed's couldn't care less about what your local Proletariat is telling you what you can do in your own home


diadromous mermaidFemale02009-07-20 16:15:00
US Embassy and Consulate DiscussionIncome and Loss
Ah, so your work out of your home? I must have missed that.
QUOTE (Steve_and_Lina @ Jul 19 2009, 09:27 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Jul 19 2009, 09:05 PM) <{POST_SNAPBACK}>
Commute miles to work are not expense that can be deducted. So, in this particular case, you and the employee are in the same boat, unless you schedule a business call at the end of your driveway both first thing in the morning and last thing at the end of the day.


Quite the contrary. Because I'm a 1099, everything I do regarding my work, including driving mileage to/fron contract jobs, is considered business-related and a business expense. It isn't deductible if the job I work that particular day is a W2 job, which some of them are, and on my Schedule C worksheet in Turbotax, I have to report total miles for the year, commuting (non-deductible) mileage, personal mileage, and business mileage.


diadromous mermaidFemale02009-07-19 20:51:00
US Embassy and Consulate DiscussionIncome and Loss
Commute miles to work are not expense that can be deducted. So, in this particular case, you and the employee are in the same boat, unless you schedule a business call at the end of your driveway both first thing in the morning and last thing at the end of the day.
QUOTE (Steve_and_Lina @ Jul 19 2009, 08:50 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Jul 19 2009, 08:28 PM) <{POST_SNAPBACK}>
Actually, no I'm not a W-2 type wink.gif If it makes a difference I am a CEO of a corporation.

By the way, the "benefit" to which you refer, for mileage is what IRS claims is the requisite value of operating a vehicle for business use. It goes beyond a consideration for fuel. Haven't you considered that your "employer" is having you use your vehicle for "his" business purposes, and is accelerating the date when you'll be facing disposal of that asset due to extra use and at a lower market value.

What pushbrk and I have been trying to state (he better than I, in this case) is that a "deduction" is not a "deduction" in the sense you are proposing. You are confounding the vernacular.


Ah, but therein lies the rub. I am assuming your employees must show up for work every day and that at least some of them drive. They have to put wear and tear on their vehicle, pay for gas, parking, tolls, and insurance, and are not allowed to write off a single penny of it.

I make out a lot better than them because I am given a tax deduction that takes into account all of these things. Not only that, I can deduct myriad other things, some at cost, some at a rate that far exceeds actual cost. (hello, per diems in Alaska!) If I work in town and ride the subway in, it's a tax write-off as well. Not for them, though.

So who makes out better? When all is said and done, who has more left at the end of the day to support their family? The poor devils who spend $10 a day for gas and another $15 for parking, or the guy who not only gets to write off the $25, but gets to write off an additional $40?

And really, isn't the whole purpose of this is to ensure that we're able to support our family?

This is my entire point and is why I am fighting this.


diadromous mermaidFemale02009-07-19 20:05:00
US Embassy and Consulate DiscussionIncome and Loss
Ah, if only it were that simple.

Good luck on your quest, but please don't place too much hope on a positive outcome. Your time is worth far more to you if expended elsewhere.
QUOTE (Steve_and_Lina @ Jul 19 2009, 08:50 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Jul 19 2009, 08:28 PM) <{POST_SNAPBACK}>
Actually, no I'm not a W-2 type wink.gif If it makes a difference I am a CEO of a corporation.

By the way, the "benefit" to which you refer, for mileage is what IRS claims is the requisite value of operating a vehicle for business use. It goes beyond a consideration for fuel. Haven't you considered that your "employer" is having you use your vehicle for "his" business purposes, and is accelerating the date when you'll be facing disposal of that asset due to extra use and at a lower market value.

What pushbrk and I have been trying to state (he better than I, in this case) is that a "deduction" is not a "deduction" in the sense you are proposing. You are confounding the vernacular.


Ah, but therein lies the rub. I am assuming your employees must show up for work every day and that at least some of them drive. They have to put wear and tear on their vehicle, pay for gas, parking, tolls, and insurance, and are not allowed to write off a single penny of it.

I make out a lot better than them because I am given a tax deduction that takes into account all of these things. Not only that, I can deduct myriad other things, some at cost, some at a rate that far exceeds actual cost. (hello, per diems in Alaska!) If I work in town and ride the subway in, it's a tax write-off as well. Not for them, though.

So who makes out better? When all is said and done, who has more left at the end of the day to support their family? The poor devils who spend $10 a day for gas and another $15 for parking, or the guy who not only gets to write off the $25, but gets to write off an additional $40?

And really, isn't the whole purpose of this is to ensure that we're able to support our family?

This is my entire point and is why I am fighting this.


diadromous mermaidFemale02009-07-19 20:02:00
US Embassy and Consulate DiscussionIncome and Loss
Actually, no I'm not a W-2 type wink.gif If it makes a difference I am a CEO of a corporation.

By the way, the "benefit" to which you refer, for mileage is what IRS claims is the requisite value of operating a vehicle for business use. It goes beyond a consideration for fuel. Haven't you considered that your "employer" is having you use your vehicle for "his" business purposes, and is accelerating the date when you'll be facing disposal of that asset due to extra use and at a lower market value.

What pushbrk and I have been trying to state (he better than I, in this case) is that a "deduction" is not a "deduction" in the sense you are proposing. You are confounding the vernacular.
QUOTE (Steve_and_Lina @ Jul 19 2009, 08:13 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Jul 19 2009, 07:13 PM) <{POST_SNAPBACK}>
I wasn't comparing legal and illegal. I was trying to understand why the OP is focused on the fact that the figure he transfers from his Schedule C to line 7 is a penalising him. Frankly, I think and I am not a tax person, that he's confusing business deductions from personal deductions.


But why should there be a difference in how they are treated? A deduction is a deduction is a deduction. And honestly, in the long run, from a standpoint of who ends up with the most money, I win.

For instance, I am allowed to deduct what amount to four times what I actually pay for gas for my commute to/from jobs, not to mention whatever I pay in tolls and parking. In essence, I am getting a very hefty tax credit, especially since I am driving an already-paid for car and very little monthly insurance.

I'm assuming you're a W2 sort- you're not allowed to deduct anything. You get your paycheck and out of pocket you have to pay gas, tolls, parking, insurance, etc.

So I get a tax deduction to the tune of about $.35-$.40 for every mile I drive, which lowers what I report as my gross income on my 1040 on line 22 but in reality puts more money in my pocket by lessening my tax hit significantly. (and yes, this is all 100% legal)

You? Not only do you have to pay higher taxes because you're not allowed to take these deductions, you also have the out-of-pocket cost of gas/parking/tolls on top of it.

Does this make it a little more clear?


diadromous mermaidFemale02009-07-19 19:28:00
US Embassy and Consulate DiscussionIncome and Loss
QUOTE (thepizzadude @ Jul 19 2009, 06:57 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Jul 19 2009, 05:37 PM) <{POST_SNAPBACK}>
Help me to better understand your feeling that the business eowner is being penalised. Where is the business owner's dilemma (unfairness in the "income" requirement) any different from a hard-working food server that gets cash tips that far exceed her income that is paid direct from the employer? She can report her tips and show a healthier income for USCIS purposes, and pay more tax as a consequence, or she can not declare a sizeable amount of her earnings, and reap the tax rewards, and fail to meet the USCIS income requirement. How does that differ from what you are claiming?
QUOTE (Steve_and_Lina @ Jul 19 2009, 06:27 PM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Jul 18 2009, 09:33 PM) <{POST_SNAPBACK}>
QUOTE (Steve_and_Lina @ Jul 17 2009, 05:49 PM) <{POST_SNAPBACK}>
No, I'm not confusing it.


No, you're not confusing it, just conveniently misinterpreting it. The context is quite clear and is defined further as income from line 22 of the 1040 form. I'm self employed too, have no employees, overhead or inventory, (Well one of my businesses has a little inventory now and then.) and I'm not incorporated. It's all 1099 or direct income. Line 22 rules. You'd best learn to live with it. The tax advantages of being self-employed can come back to bite you on an affidavit of support.

Can you cite precisely the law or regulation where it says that "preduction income" is defined by only by what is entered Line 22?

Nothing that I have read has specifically said that this is the only interpretation. The wording is very hazy in the reg I cited, only stating "pre-deduction income" on the "income tax form". Well, Schedule C is an "income tax form" and I've established my preduction income via my 1099s and W2s, so failing a direct regulation or ruling that establishes Line 22 as the ONLY definition, I have a valid legal argument. More than valid, actually, because in this instance, the government appears to be violating the regulation by considering post-deduction income, contrary (again) to the regulation I cited.

And really, "learn to live with it"? I'm not the sort to stand by silently and be incorrectly penalized and just because others have chosen to done so does not validate that as a reasonable course of action. If according to the regulations (and I am shown so conclusively) I am incorrect, then I will accept it. But to this point, the issue remains wide open.



Well just to put you back out in the pasture ONE is illegal and ONE is not...Thanks for joining play again soon.

I wasn't comparing legal and illegal. I was trying to understand why the OP is focused on the fact that the figure he transfers from his Schedule C to line 7 is a penalising him. Frankly, I think and I am not a tax person, that he's confusing business deductions from personal deductions.


Edited by diadromous mermaid, 19 July 2009 - 06:14 PM.

diadromous mermaidFemale02009-07-19 18:13:00
US Embassy and Consulate DiscussionIncome and Loss
Sorry, but I just don't see your point. The "total unadjusted income before deductions", in my opinion is not referring to business deductions (namely the costs incurred to provide the service) but rather the social security deduction and other deductions (if applicable) which appear below line 22 (LINES 23-35) on the 1040.
QUOTE (Steve_and_Lina @ Jul 19 2009, 06:51 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Jul 19 2009, 06:37 PM) <{POST_SNAPBACK}>
Help me to better understand your feeling that the business eowner is being penalised. Where is the business owner's dilemma (unfairness in the "income" requirement) any different from a hard-working food server that gets cash tips that far exceed her income that is paid direct from the employer? She can report her tips and show a healthier income for USCIS purposes, and pay more tax as a consequence, or she can not declare a sizeable amount of her earnings, and reap the tax rewards, and fail to meet the USCIS income requirement. How does that differ from what you are claiming?
QUOTE (Steve_and_Lina @ Jul 19 2009, 06:27 PM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Jul 18 2009, 09:33 PM) <{POST_SNAPBACK}>
QUOTE (Steve_and_Lina @ Jul 17 2009, 05:49 PM) <{POST_SNAPBACK}>
No, I'm not confusing it.


No, you're not confusing it, just conveniently misinterpreting it. The context is quite clear and is defined further as income from line 22 of the 1040 form. I'm self employed too, have no employees, overhead or inventory, (Well one of my businesses has a little inventory now and then.) and I'm not incorporated. It's all 1099 or direct income. Line 22 rules. You'd best learn to live with it. The tax advantages of being self-employed can come back to bite you on an affidavit of support.



Can you cite precisely the law or regulation where it says that "preduction income" is defined by only by what is entered Line 22?

Nothing that I have read has specifically said that this is the only interpretation. The wording is very hazy in the reg I cited, only stating "pre-deduction income" on the "income tax form". Well, Schedule C is an "income tax form" and I've established my preduction income via my 1099s and W2s, so failing a direct regulation or ruling that establishes Line 22 as the ONLY definition, I have a valid legal argument. More than valid, actually, because in this instance, the government appears to be violating the regulation by considering post-deduction income, contrary (again) to the regulation I cited.

And really, "learn to live with it"? I'm not the sort to stand by silently and be incorrectly penalized and just because others have chosen to done so does not validate that as a reasonable course of action. If according to the regulations (and I am shown so conclusively) I am incorrect, then I will accept it. But to this point, the issue remains wide open.




I'm not going to compare apples/oranges here, nor get into the ethical issues of filing a fraudulent return/falsely declaring income. Those are other discussions for other posts. I am only concerned about this narrow issue which directly affects me.

My contention that I am being penalized stems from all the arguments I've laid out in my previous posts- that those of us who receive 1099 income are being treated differently than those who receive W2 income in that for us, they are considering post-deduction income, which directly contravenes 9 FAM 40.41 N5.5-1, which state that income is defined as follows:

"Income", for the purpose of Form I-864, means total unadjusted income as shown on the tax return, before deductions. Total unadjusted income includes not only salary (if any) but also monetary gains from any other source, such as rent, interest, dividends, etc.


Read it and parse it carefully and then show me where the regulation directly refutes my argument. It doesn't. Others here think it does, but they are only offering their interpretation of what the regulation says, unsupported by any direct citation of the regulation or immigration court precedent.


diadromous mermaidFemale02009-07-19 18:10:00
US Embassy and Consulate DiscussionIncome and Loss
Help me to better understand your feeling that the business eowner is being penalised. Where is the business owner's dilemma (unfairness in the "income" requirement) any different from a hard-working food server that gets cash tips that far exceed her income that is paid direct from the employer? She can report her tips and show a healthier income for USCIS purposes, and pay more tax as a consequence, or she can not declare a sizeable amount of her earnings, and reap the tax rewards, and fail to meet the USCIS income requirement. How does that differ from what you are claiming?
QUOTE (Steve_and_Lina @ Jul 19 2009, 06:27 PM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Jul 18 2009, 09:33 PM) <{POST_SNAPBACK}>
QUOTE (Steve_and_Lina @ Jul 17 2009, 05:49 PM) <{POST_SNAPBACK}>
No, I'm not confusing it.


No, you're not confusing it, just conveniently misinterpreting it. The context is quite clear and is defined further as income from line 22 of the 1040 form. I'm self employed too, have no employees, overhead or inventory, (Well one of my businesses has a little inventory now and then.) and I'm not incorporated. It's all 1099 or direct income. Line 22 rules. You'd best learn to live with it. The tax advantages of being self-employed can come back to bite you on an affidavit of support.



Can you cite precisely the law or regulation where it says that "preduction income" is defined by only by what is entered Line 22?

Nothing that I have read has specifically said that this is the only interpretation. The wording is very hazy in the reg I cited, only stating "pre-deduction income" on the "income tax form". Well, Schedule C is an "income tax form" and I've established my preduction income via my 1099s and W2s, so failing a direct regulation or ruling that establishes Line 22 as the ONLY definition, I have a valid legal argument. More than valid, actually, because in this instance, the government appears to be violating the regulation by considering post-deduction income, contrary (again) to the regulation I cited.

And really, "learn to live with it"? I'm not the sort to stand by silently and be incorrectly penalized and just because others have chosen to done so does not validate that as a reasonable course of action. If according to the regulations (and I am shown so conclusively) I am incorrect, then I will accept it. But to this point, the issue remains wide open.


diadromous mermaidFemale02009-07-19 17:37:00