DENIED

[KBcrand1 1]

if I understand correctly, they are being denied as you said because the consulate believes they would become a public charge, the beneficiary is not admissable until you prove otherwise.

you may be able to get a co-sponsor....

[trampus 0]

This is some of the wording but in Spanish. Please help us help you. What else did the notice say? For instance, are they returning the case to USCIS or do you have an opportunity to present additional evidence or joint sponsor?

Don't make me pull teeth. I'm not a dentist and the help is free. OK?

"Under INA §212(a)(4), an alien who, in the opinion of a consular at the time of the application for a visa, or the Attorney General at the time of the application for admission or adjustment of status, is likely to become a public charge at any time is excludable. The INS looks at the totality of circumstances in making its determination including the alien's age, capacity to earn a living, health, family circumstances, employment history and whether or not the alien has ever received public assistance. " Sorry. It was Portuguese. But exactly what they said. I am working on a joint sponsor. But feel the consulate is prejudiced. Thi is a carte blanche to exclude anyone.

[trampus 0]

"Under INA §212(a)(4), an alien who, in the opinion of a consular at the time of the application for a visa, or the Attorney General at the time of the application for admission or adjustment of status, is likely to become a public charge at any time is excludable. The INS looks at the totality of circumstances in making its determination including the alien's age, capacity to earn a living, health, family circumstances, employment history and whether or not the alien has ever received public assistance. " Sorry. It was Portuguese. But exactly what they said. I am working on a joint sponsor. But feel the consulate is prejudiced. Thi is a carte blanche to exclude anyone.

[Darnell 8,478]

OK - one more thing to clarify, please? (Choose 1)

1. Wording in any paper(s) from the Embassy, given on Interview Day, that says you are denied visa and casefile to be sent back to USCIS (or )

2. Wording in any paper(s) from the Embassy, given on Interview Day, asking for you to submit additional paperwork covering that additional sponser

Thanks in advance !

[trampus 0]

tenha possibilidade/probabilidade de se tornar um encargo publico aos cofres americanos. considerando inadmissivel ate que prove o contrario. pede para ligar no telefone 21 3823 200 para que tenha revisão do caso. ou envie um email para immigrationrio@state.gov. "have possibility / probability to become a responsibility I publish to the American safes. considering inadmissible tie what proves the opposite. it asks tie in the telephone 21 3823 200 so that it has revision of the case. or send an email for immigrationrio@state.gov."

they qouted 212-4-a. this ais all they gave her. the phone number is even wrong.

[Darnell 8,478]

I guess what I'm trying to figure out, is -

--if this is outright denial, casefile to be sent back to USCIS or

--you are now given new opportunity to submit new I-864, with a co-sponser's I-864 as well.

My apologies for my confusion.

is updated list of telefono here - http://www.visajourney.com/consulates/index.php?ctry=Brazil&cty=Rio%20De%20Janereiro

and I think that 'typo' is missing additional digit - a zero.

Edited June 15, 2010 by Darnell

[pushbrk 12,908]

I guess what I'm trying to figure out, is -

--if this is outright denial, casefile to be sent back to USCIS or

--you are now given new opportunity to submit new I-864, with a co-sponser's I-864 as well.

My apologies for my confusion.

You are so kind. The notice answers the question and the OP has been asked it. Nobody can help without the answer.

What does the notice say they are doing with the case? Can you submit a joint sponsor or does it say they are sending the case back to USCIS with a recommendation to revoke?

[tokyo.lovers 6]

i say hire a lawyer? i think things get too complicated with denials...

[trampus 0]

she was given a copy of INA §212(a)(4), with a phone number to call and a contact address if her status changes. So I assume we will be able to find a joint sponsor. Nothing else.

[NigeriaorBust 4,087]

This is some of the wording but in Spanish. Please help us help you. What else did the notice say? For instance, are they returning the case to USCIS or do you have an opportunity to present additional evidence or joint sponsor?

Don't make me pull teeth. I'm not a dentist and the help is free. OK?

They appear to be using the potential public charge as the reason

[pushbrk 12,908]

she was given a copy of INA §212(a)(4), with a phone number to call and a contact address if her status changes. So I assume we will be able to find a joint sponsor. Nothing else.

Then you'll need a qualified joint sponsor. The notice contains more detail than that as they always do. I'm through with this until you provide that detail. If you don't have a copy, please say so and/or get one.

[trampus 0]

It really contains very little. only they checked I-864, and joint sponsor boxes. I could post it, but it is a JPG scan. And in Portuguese. Basically it says we have one year to complete this. it has not been sent back. But there is NO detail. I wonder though, because if they refused my income, which is above the guidelines, what is to stop them from not accepting the joint sponsors income (also above their own guidelines)? I have read since of infighting between USCIS and embassy's on approved applications. That consulates have begun to use this 221-g to second gusss USCIS decisions - as they are not supposed to second guess aproved petitions( or have been ordered not to). I guess we are just the victims of some political p@##*&g match. there is no accountability at all. I have the joint sponsor. So I will see what happens next. Thank you for your time.

Edited June 19, 2010 by trampus

[trampus 0]

"As indicated, in every visa issuance case that requires an approval of a petition, that petition has to be initially sent to the USCIS. The USCIS has the primary responsibility to make decisions in such cases, under law.

The Department of State (DOS) issued guidance to its consular officers abroad in 2001 to clarify their role in connection with the adjudication of petition-based visas. This memorandum reminds consular officers that the revocation process should only be used "sparingly," and that consular officers should not attempt to re-adjudicate (i.e., reevaluate) petitions.

Consular officers are, under official DOS policy, limited in the application of the revocation request process for petition-based visas, therefore, which prevents a duplication of efforts by the USCIS and the DOS. " Supposedly.

Edited June 19, 2010 by trampus

[road417king 7]

However, Rio has chosen to disregard my payments recieved as child support and denied our visa.

As a person who paid child support for a LARGE number of years for two kids, it would upset me no end to find that my ex-wife had used money that is supposed to be used for our mutual children to pay for supporting my ex-wife's future spouse. Additionally, if I were to find out that my ex-wife had done just that, I would have taken her to court to get custody of the kids myself so that I would be sure the money was going to the kids.

Child support is just that, child support. If you feel that it's okay to use money intended to support your child/children to support your foreign born spouse, then please rethink this stand to gain some clarity. That money is not yours, it's your childrens money. Period.

Does that help? I hope so.

Thanks!

Mike

[You Don't Know Me 6]

Child support is just that, child support. If you feel that it's okay to use money intended to support your child/children to support your foreign born spouse, then please rethink this stand to gain some clarity. That money is not yours, it's your childrens money. Period.

Maybe you should not make assumptions without having the facts to back them up.

If the kids are living with him & he is supporting them how does that equate with using the Child Support Payments to sponsor his foreign wife?

As someone who has been receiving child support for over 10 years let me tell you that the money doesn't side in little side account to be neatly doled out on select expenses. It goes into the general budget and helps pays such things as groceries, utilities, rent/mortgage, clothing and other miscellaneous DAILY expenses. If after paying all required expenses there is money left over does that mean that it must be considered as unused Child Support? Nope...

For example, I receive $513 monthly and my SUV payment is $430 monthly. Can my ex-wife assume that "she is paying for my SUV"? HeII no... Yes have a car that is new enough to still have payments is a luxury but I earn many times more monthly than the Child Support.

If I am able to put $1,000 monthly into savings can my ex-wife assume that I'm not using the Child Support she is paying? HeII no... Her legal (and moral) obligation to help support our daughters isn't contingent upon my ability to earn more than is needed to support them on my own.

But this is not relevant to the OP's questions.