re applying after rejection

[lynch]

A few years ago i entered the US on a tourist visa and married my wife. shortly after the marriage we applied for my adjustment of status (green card). I was refused the green card because our financial situation, our Affidavit of support didn't meet the requirements and we weren't able to find a guarantor at the time. Shortly after receiving the decision me and my wife left the US and never returned since. Note that I didn't file an appeal or a motion to reopen or anything. I wasn't deported nor did I apply for volontary departure, I simply booked a plane ticket and left.
Since then me and my wife got our financial house in order and I was wondering I would be eligeable to apply again with the US embassy here ? would they re evaluate our financial situation based on income earned outside of the US ?
If anyones has any experience with this I'be be intrested in hearing it. any thoughts/suggestion would also be greatly appreciated.

 

[Anahit]

Since then me and my wife got our financial house in order and I was wondering I would be eligeable to apply again with the US embassy here ? would they re evaluate our financial situation based on income earned outside of the US ?

I don't see why not? Just because you were denied once for not having a sponsor doesn't mean you can't apply again.

 

[lynch]

Thanks for your reply. I suppose it makes sense that i would be able to apply again.

Based on the details inn my first post, what box (if any) should we tick on my new I-130 in section 16: " has your relative ever been under immigration proceedings: Removal, Exclusion/Departation, Recission, Judicial Preceding"

 

[pianoplayer]

Thanks for your reply. I suppose it makes sense that i would be able to apply again.

Based on the details inn my first post, what box (if any) should we tick on my new I-130 in section 16: " has your relative ever been under immigration proceedings: Removal, Exclusion/Departation, Recission, Judicial Preceding"

I suspect you were not subject to any of these, however, to be safe, check "yes" and attach a letter explaining your situation. This should cause no problem to your new application.

 

[lynch]

I suspect you were not subject to any of these, however, to be safe, check "yes" and attach a letter explaining your situation. This should cause no problem to your new application.

that sounds like a good option. Thanks.

Can anyone else comfirm that none of those options apply to me ?

Also, is the form I-864 (affidavit of support) required when both the USC and the spouse live outside of the US.

 

[Anahit]

that sounds like a good option. Thanks.

Can anyone else comfirm that none of those options apply to me ?

Also, is the form I-864 (affidavit of support) required when both the USC and the spouse live outside of the US.

You should know better if they apply to you, but I also think they don't. And, I would answer "NO" to that question. There are other questions where you can let them know about your situation (if not on I-130, then on the other forms you would be submitting).
Yes, I-864 is required whether you're in or outside of the United States.

 

[candyattitude]

i-864 is considered to be very important, so it definetly has to be filed, and i would agree with anahit, i would definetly answer "No" to the question, you have stated that you were not removed from this country but rather left on your own, you were not in any removal proceedings or deported. if you write yes they might ask for paperwork to which you have none and that will delay your case.

 

[pianoplayer]

i-864 is considered to be very important, so it definetly has to be filed, and i would agree with anahit, i would definetly answer "No" to the question, you have stated that you were not removed from this country but rather left on your own, you were not in any removal proceedings or deported. if you write yes they might ask for paperwork to which you have none and that will delay your case.

I understand your reasoning, but it is not quite as simple as that. USCIS can enter an order in absentia, i.e. the OP may not even have known that one was entered. Checking "Yes" is indeed the safest option ---- after all, he cannot provide something which does not exist.

 

[lynch]

thanks for the reply peeps. I think I might try to get professional advice on that specific point.

Another question:
I will be filing the I-130 at the US embassy here, on their website it says that I-130's can on be filed "by appointment only". What does it actualy mean ? what will the appointment consist of ? will there be a sort of interview ? is that THE interview ???

 

[Al Southner]

Prepare...

thanks for the reply peeps. I think I might try to get professional advice on that specific point.

Another question:
I will be filing the I-130 at the US embassy here, on their website it says that I-130's can on be filed "by appointment only". What does it actualy mean ? what will the appointment consist of ? will there be a sort of interview ? is that THE interview ???

Lynch,

Yes.... this could be an on-site interview. As such, you should prepare yourself adequately should you be grilled like Idaho potato by consulate officer. Make an appt, take all necessary paperwork and wife...

If you are asked if you were ever a subject of deportation, explain to the officer that you have no knowledge of this or never received such a communication for USCIS. However, you understand USCIS can enter this in your absentia, as such you entered YES under this pretext and logic. As such, the consulate officer can check and will let you know if this is true or not, and you can correct the form there (if you weren't subject of deportation proceedings). However, this would have ensured that you covered your backside...

Good luck...