212(a)(4)

[itsmyname 0]

I need help for my friend.

She was asked to submit some (lacking) documents. She did but still not heard anything from them, and i told them to call them Embassy , her fiancee called the embassy and the CO told him to check the post office because they are mailing a letter/something. My friend went to the post office and got the letter and it says like this " we are unable to issue an immigrant visa because you have found ineligible under the following and so on..."

---------- 212(a)(4) You are likely to become a public charge.

Below says WAIVER- You may qualify for a waiver of the ineligibility listed below...So on so fort....

How is she going to fix about this 212(a)(4)???

What are the possible ways so they can continue their papers or her visa???

Another thing the embassy still got her passport...

NEEL HELPPPPPPPPPPPP!!!!! please

Thanks

[ScottThuy 140]

http://www.uscis.gov/propub/DocView/slbid/1/2/31?hilite=

she can get a waiver, but she needs to know why they think tyhis is the case... it may be because of her or because of the USC... read the above think to see what its all about and then talk to the friend to get a better insight into the possible issues present..

[Norm and Grace 0]

I need help for my friend.

She was asked to submit some (lacking) documents. She did but still not heard anything from them, and i told them to call them Embassy , her fiancee called the embassy and the CO told him to check the post office because they are mailing a letter/something. My friend went to the post office and got the letter and it says like this " we are unable to issue an immigrant visa because you have found ineligible under the following and so on..."

---------- 212(a)(4) You are likely to become a public charge.

Below says WAIVER- You may qualify for a waiver of the ineligibility listed below...So on so fort....

How is she going to fix about this 212(a)(4)???

What are the possible ways so they can continue their papers or her visa???

Another thing the embassy still got her passport...

NEEL HELPPPPPPPPPPPP!!!!! please

Thanks

Think about getting a co-sponser.

I am guessing the problem is that according to the AOS your friend spouse sent in, he did not meet the 125% of the poverty guide line.

[Darnell 8,478]

If that paper has instructions for submitting 'stuff' -

then is good chance this denial can be overcome, by getting new Affadavit of Support document(s) from the petitioner and a new co-sponser.

Suggest you have the USC call:

1. DOS Hotline (# in my profile) - inquire for current case status and

2. US Embassy/Manila - inquire if possible to submit new Affadavit of Support.

so - if the passport wasn't in 'the packet' sent back - then is good chance that she can submit new affadavit of support.

Suggest to call both places, inquire, to be certain.

Good Luck !

(PS - you gave scant info, btw - there's more to that form than just what you wrote )

[itsmyname 0]

http://www.uscis.gov/propub/DocView/slbid/1/2/31?hilite=

she can get a waiver, but she needs to know why they think tyhis is the case... it may be because of her or because of the USC... read the above think to see what its all about and then talk to the friend to get a better insight into the possible issues present..

Well i doubt there was an issue about her too.Because she was working in Kuwait years ago; she do not have a Kuwait clearance, would that matter?

Thanks

[ScottThuy 140]

Its all about $.. for some reason they think the USC doesnt make enough $ or they think the applicant is likely to become a public charge for some other reason... in the denial did they say anything specific? As others have said.. it may be possible to submit a cospnsor if there was an issue with the sponsors income.. The USC should call the DoS on Monday and see what he can find out.

[itsmyname 0]

I know her fiancee has enough to support her but if he do not get into the poverty guidelines he already have his father as a co-sponsor and in fact they have it forwarded in Manila Embassy that time my friend went back to submit the lacking documents.

For Darnell

I was trying to get them call the DOS but do not think they will but at least he did call the US embassy manila and said to send something when i ask my friend she cant tell me what the embassy was asking..Oh i dont know now:(

Edited June 24, 2010 by ImissUbabe

[itsmyname 0]

This is the letter she got.

[S&ET 2]

How is it determined whether someone is likely to become a public charge for admission or adjustment purposes?

A Inadmissibility based on the public charge ground is determined by the totality of the circumstances. This means that the adjudicating officer must weigh both the positive and negative factors when determining the likelihood that someone might become a public charge. At a minimum, a U.S. Citizenship and Immigration Services (USCIS) officer must consider the following factors when making a public charge determination:

• Age
• Health
• Family status
• Assets
• Resources
• Financial status
• Education and skills

Read more>>>>USCIS

[Darnell 8,478]

This is the letter she got.

Thank you.

Is no instructions for what to do next,

and the bottom part - nothing was checked (this is good)

is there a back page or a 2nd page?

Should be some instructions, some where. This page contains no instructions.

[itsmyname 0]

I dont know but i will try to ask her if there was a second page or an instructions given to it.

Thank you Darnell..

[itsmyname 0]

She said there was no other paper or second page on it. So they dont know what exactly to do.

Thanks

[Darnell 8,478]

Ouch.

The problem that I'm smelling - is that the 2nd half of this 'paper' wasn't checked off, anywhere. This is a good thing, actually, as is no indication of outright denial.

USUALLY, there are some instructions on what to do to submit additional evidence. Was she 'told at interview' to submit additional evidence for the Affadavit of Support, or no ? (My apologies if you've written about 'what was told', before )

There is a precise method for submitting evidence after interview day. Your friend needs to find out exactly what this method is, as well.

Failing any further conversation with the 'friend' - the USC person can call DOS HOTLINE (# in my profile ) , get a human, inquire for case status, and inquire for 'evidence submittal process' as well.

Talk to yer friend again, do some more digging.

[itsmyname 0]

She was just given a checklist of what documents that need to submit but an Affidavit of support was not one of them.It was just a 2009 IRS,W-2 sorry i forgot the other one but just related with his income.I think her fiancee is going to far something on the embassy manila asking for what will be the possible steps to do.

I could not get them call the DOS am sorry about it Darnell.

Edited June 30, 2010 by ImissUbabe

[itsmyname 0]

She was just given a checklist of what documents that need to submit but an Affidavit of support was not one of them.It was just a 2009 IRS,W-2 sorry i forgot the other one but just related with his income.I think her fiancee is going to far something on the embassy manila asking for what will be the possible steps to do.

I could not get them call the DOS am sorry about it Darnell.

Fax i mean