212(a)(4)

[Williamtaylor0929 0]

I didn't have an I-864 prepared when my wife went to her interview so they sent her 221g requiring an I-864 from a qualified joint sponsor. I couldn't be her sponsor because I have lived here in the Philippines with her for over 3 years now. Being the stupid person that I am I filed an I-864 the first time that didn't meet the income requirements so they sent another 221g requiring the same thing.The second time I submitted an I-864 i made the stupid mistake of trying to combine the incomes of my mom and my aunt to meet the income requirement which failed miserably. On my third try my ex step dad offered to be my sponsor . He is single and retired. His income from his social security and his pension check is just over $2400 a month which meets the minimum requirement for a sponsor. I only submitted a letter from his bank stating the recurring monthly income of $2400. Well this time they sent my wife's passport back with a letter stating they couldn't issue the VISA under section 212(a)(4). My question is if I resubmit an I-864 using my stepdad's income only instead of a letter from the bank I include his SS award letter and his 1099s from his central pension fund will the officer accept that and do I submit it like I did the first 3 times or should I make another appointment for a visa interview.I am a dumb hillbilly so please keep that in mind if you want to answer my questions. Thank yall. Hope everybody is happy and healthy.

[debbiedoo 2,339]

2 hours ago, Williamtaylor0929 said:

I didn't have an I-864 prepared when my wife went to her interview so they sent her 221g requiring an I-864 from a qualified joint sponsor. I couldn't be her sponsor because I have lived here in the Philippines with her for over 3 years now. Being the stupid person that I am I filed an I-864 the first time that didn't meet the income requirements so they sent another 221g requiring the same thing.The second time I submitted an I-864 i made the stupid mistake of trying to combine the incomes of my mom and my aunt to meet the income requirement which failed miserably. On my third try my ex step dad offered to be my sponsor . He is single and retired. His income from his social security and his pension check is just over $2400 a month which meets the minimum requirement for a sponsor. I only submitted a letter from his bank stating the recurring monthly income of $2400. Well this time they sent my wife's passport back with a letter stating they couldn't issue the VISA under section 212(a)(4). My question is if I resubmit an I-864 using my stepdad's income only instead of a letter from the bank I include his SS award letter and his 1099s from his central pension fund will the officer accept that and do I submit it like I did the first 3 times or should I make another appointment for a visa interview.I am a dumb hillbilly so please keep that in mind if you want to answer my questions. Thank yall. Hope everybody is happy and healthy.

it was denied. i suppose you could appeal it but it seems they gave you PLENTY of opportunity to correct the issue and READ THE INSTRUCTIONS. not sure if youd win an appeal. maybe.

 

For the i 864 you need: 3 years tax returns, proof of current income (SS letter and pension letter and bank letter should suffice since he is not employed). You also have to provide YOURS even if you do not meet income requirements. so you BOTH provide the form and any and all supporting documentation.

Edited October 17, 2018 by debbiedoo

[Williamtaylor0929 0]

Well the piece of paper they sent said to submit an I-160 waiver. The instructions for the waiver says that there is no need to fill an I-160 for a section 212(a)(4). USTraveldocs says just need to satisfy the Immigration officer with an affidavit of support. Nothing I have read about it has said anything about an appeal. Thanks for your time in answering my question. 

Edited October 17, 2018 by Williamtaylor0929

[debbiedoo 2,339]

you need to submit the new i864(s) and supporting documentation (for you and co sponsor). you wouldnt qualify for a waiver, which is why they said dont send it. you need to prove that your spouse will not be on any public benefits and you and your co sponsor can support her.

 

i dont believe there would be another interview

 

if a spousal visa is denied you can appeal it but still have to overcome the reason for denial in the first case (which would be lack of income)

[Williamtaylor0929 0]

OK. Well I'm still here in the Philippines with her for 2 more weeks.  I've made an appointment for her to go back to where she went for her interview. Ill be sure to have everything you said. I sure do appreciate you taking your time out to help me. I wish I would have known all this before. I would have been back at work a long time ago. Broke my heart to see her so devastated. Thank you so much. 

[John & Rose 7,239]

2 hours ago, Williamtaylor0929 said:

OK. Well I'm still here in the Philippines with her for 2 more weeks.  I've made an appointment for her to go back to where she went for her interview. Ill be sure to have everything you said. I sure do appreciate you taking your time out to help me. I wish I would have known all this before. I would have been back at work a long time ago. Broke my heart to see her so devastated. Thank you so much. 

You keep saying "wife".  Are you already married?  You are listed as a K-1.  I'm just a little confused.  212(a)(4) is all about your wife (or future wife) becoming a public charge.  You have to show income of 100% of poverty level for 2 for K-1 or 125% of poverty level for 2 for AOS or CR-1.  It is the CO's call ultimately but the best way to resolve the issue is to get a job in the states that exceeds the requirement and refile.  

 

Be VERY careful with the fraud.  If they determine you attempted a misrepresentation they may determine a ban is required.  That can be 5 years to permanent.  Be very careful and do not even stretch the truth a little.  It isn't worth the chance of being banned.

Edited October 17, 2018 by John & Rose

[geowrian 22,338]

5 hours ago, John & Rose said:

Be VERY careful with the fraud.  If they determine you attempted a misrepresentation they may determine a ban is required.  That can be 5 years to permanent.  Be very careful and do not even stretch the truth a little.  It isn't worth the chance of being banned.

Just for reference, any material misrepresentation bar is permanent (but waivable).

[John & Rose 7,239]

Just now, geowrian said:

Just for reference, any material misrepresentation bar is permanent (but waivable).

That is good to know!  Thank you.  That is an important message to share when it comes up.

[Williamtaylor0929 0]

Don't lie to the U.S. government. Got it. Little off topic. I've solved this problem but thanks to everyone for their time. To anyone with this particular problem you can present new evidence for reconsideration at the U.S. consulate. This particular section is a "soft refusal" present a qualified POS with supporting documents. No need for appeals or waivers or anything. Oh and if you don't already know. Don't lie to the U S. Government. 

[Ryan H 3,832]

Moved from IR-1/CR-1 Progress Reports to US Embassy and Consulate Discussion.