Parents of USC denied visa 212(a)(4)

[weifengsd 0]

Hi all,

I really hope that someone can shed some light on this issue.

my wife(a USC) filed for her parents in Guangzhou, China and at their interview recently, they were denied the visa due to 212(a)(4), which is public charge.

My wife has not worked CONSTANTLY in the past because we had 2 kids in the last 2 years. so her work history is gappy, months here and there.

I being the co-sponsor and also included my information have worked for 5 years with the same company. recently making 41,000 a year.

we have 2 kids and plus the parents, that would make me support 6 people total....(unless I did the math wrong and 41k cant qualify, then I screwed up)

We have 2 people who would jump in to co-sponsor, but at the time we I didnt feel we needed them, assuming my math was correct

Now the guangzhou officer checked the box that says "A different and/or additional co-sponsor will not effect your application" box.

The office also checked the box that says the sponsoring support is not credible????

I also just called some free anonymous immigration hotline and the guy on the other line said that my wife being without work history was NOT suppose to be the main sponsor and that I was to be, even though they are her parents...is this true?

Anyone out there have any idea how to approach this issue?

thanks

Ben

[trailmix 77]

Hi all,

I really hope that someone can shed some light on this issue.

my wife(a USC) filed for her parents in Guangzhou, China and at their interview recently, they were denied the visa due to 212(a)(4), which is public charge.

My wife has not worked CONSTANTLY in the past because we had 2 kids in the last 2 years. so her work history is gappy, months here and there.

I being the co-sponsor and also included my information have worked for 5 years with the same company. recently making 41,000 a year.

we have 2 kids and plus the parents, that would make me support 6 people total....(unless I did the math wrong and 41k cant qualify, then I screwed up)

We have 2 people who would jump in to co-sponsor, but at the time we I didnt feel we needed them, assuming my math was correct

Now the guangzhou officer checked the box that says "A different and/or additional co-sponsor will not effect your application" box.

The office also checked the box that says the sponsoring support is not credible????

I also just called some free anonymous immigration hotline and the guy on the other line said that my wife being without work history was NOT suppose to be the main sponsor and that I was to be, even though they are her parents...is this true?

Anyone out there have any idea how to approach this issue?

thanks

Ben

I'm not sure about this - it would seem that the support is there - what I did want to comment on is the 'immigration hotline' information. The petitioner (your wife) will always be the 'main' sponsor.

I'm sure someone will come along with experience in this who will advise you how to proceed. Good luck.

[elmcitymaven 9,712]

I'm moving this to Bringing Family Members of USC's to America because the OP's wife is a USC. Hopefully this will help generate some more replies.

[rebeccajo 14]

I swiped this from the writings of Henry Chang, an immigration attorney:

"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. "

Without passing judgment on you, there must be something in your financial picture the CO didn't like. Perhaps you filed the affidavit improperly - perhaps the income in your household has simply been too inconsistent over the past few years.

According to what you have told us, you earned around $41,000 last year. If your W-2 confirms that and you filed the affidavit properly, you should have qualified. Seeing as how they have turned you down, there must be something further we can't discern from your writings.

Perhaps some of the members who have processed through China can shed some light on this. From what I see here, we can only blame your result on 'totality of circumstance' - a dreaded gray area that we often warn readers about.

[daboyz 36]

I'm having a hard time understanding why these types of cases are even sent to the consulate. Shouldn't NVC bring this up in the U.S.? Before the case goes overseas? I had this problem and I wish I could have solved it here in the U.S. before it ever left.