Jump to content
kenny169

fiancee got 221(g)

 Share

14 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Thailand
Timeline

Hi everybody:

My fiancee got a 221(g) after her interview today at the Bangkok embassy, and here is the reason they gave her:

" your fiance has not shown that his income is sufficient to support you in the US. If his current salary is higher than his 2010 salary, he should provide recent pay stubs showing his current income."

my question is she did bring my recent pay stubs with her to the interview ( 8 of them, and they are above the 125% poverty,and my IRS transcript 2010 is below the poverty line),and the CO didn't even look at them.

And the embassy are keeping my I-134 and all the support docs for the I-134( returned all the other docs to her), what should i do now? what am I going to bring back to them since they ask her to bring those pay stubs to them ?

Any suggestions or answers are appreciated! feel so helpless now!

Thank you very much

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline

Does she still have the pay stubs? If they asked for pay stubs then provide pay stubs, even if she brought them to the interview why not simply submit them again?

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Link to comment
Share on other sites

Filed: K-1 Visa Country: Thailand
Timeline

Does she still have the pay stubs? If they asked for pay stubs then provide pay stubs, even if she brought them to the interview why not simply submit them again?

Good luck

the embassy still have all my pay stubs and the I-134...thats the problem...

Link to comment
Share on other sites

Filed: K-1 Visa Country: Thailand
Timeline

Once you been interviewed and they requested supporting documents, the letter you receieve should specify when you can bring back the info.

I believe you can be back every week on Monday or Wednesday in the afternoon.

If you are not in a hurry to go back, I would email the Bangkok consulate explaining your situation and get a solid answer before going back to save you a trip.

Best luck!

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Thailand
Timeline

I provided my pay stubs along with a letter from my HR department stating I was an employee in good standing, time with company, time in current position, and annual income. I'd request proof of income from your company's HR department.

K-3

11/15/2006 - NOA1 Receipt for 129F

02/12/2007 - I-130 and I-129F approved!

04/17/2007 - Interview - visa approved!

04/18/2007 - POE LAX - Finally in the USA!!!

04/19/2007 - WE ARE FINALLY HOME!!!

09/20/2007 - Sent Packet 3 for K-4 Visas (follow to join for children)

10/02/2007 - K-4 Interviews - approved

10/12/2007 - Everyone back to USA!

AOS

06/20/2008 - Mailed I-485, I-765 (plus I-130 for children)

06/27/2008 - NOA1 for I-485, I-765, and I-130s

07/16/2008 - Biometrics appointment

08/28/2008 - EAD cards received

11/20/2008 - AOS Interviews - approved

Citizenship

08/22/2011 - Mailed N-400

Link to comment
Share on other sites

Filed: K-3 Visa Country: Thailand
Timeline

Hi everybody:

My fiancee got a 221(g) after her interview today at the Bangkok embassy, and here is the reason they gave her:

" your fiance has not shown that his income is sufficient to support you in the US. If his current salary is higher than his 2010 salary, he should provide recent pay stubs showing his current income."

my question is she did bring my recent pay stubs with her to the interview ( 8 of them, and they are above the 125% poverty,and my IRS transcript 2010 is below the poverty line),and the CO didn't even look at them.

And the embassy are keeping my I-134 and all the support docs for the I-134( returned all the other docs to her), what should i do now? what am I going to bring back to them since they ask her to bring those pay stubs to them ?

Any suggestions or answers are appreciated! feel so helpless now!

Thank you very much

This is a little confusing to me. You say they didnt look at the pay stubs & then you say they still have them.

I assume those 8 stubs represent 2 to 4 months of income which wasnt enough to satisfy them.

I agree with Johns advise. Doing what he suggests will produce a letter that indicates not only what you have earned but the projected annual income while showing they intend for you to be with them into the future.

You could write a letter to submit explaining why your income was lower last year & what you did to improve it at this time. My husband did this just to make sure there was no question about his income levels.

There is a reason they kept the other docs. Just do everything you can to allow them to issue the visa.

Link to comment
Share on other sites

Another thing is maybe try and get copies of every pay stub you have where you are making over %125 of the poverty level and get the employment letter from your employer like the last few posts of have said. I was bad at keeping my pay stubs from work and I went and asked HR for the last 6 months pay stubs. I have since gotten better and have pretty much kept all of my pay stubs since. Also write the a letter like Ning has said. Good luck.

Just curious was the piece of paper they gave the 221g on yellow?

AOS Journey

11-04-2011 sent AOS to Chicago lockbox

11-07-2011 delivered

11-08-2011 Date on text messages but did not receive until 11-22-2011

11-23-2011 Check cashed.

11-25-2011 Hard copies of NOA1s

12-06-2012 Pui's Brother unexpectly passes away and we make an info pass appointment and receive an emergancy AP so she can return home. Pui leaves for Thailand for 2 weeks.

12-06-2012 Get a text message and email that she received an RFE

12-12-2012 RFE for original birth certificate. I swear we sent it along with a certificate translation of it.

12-20-2012 Pui returns from Thailand.

12-21-2012 We send the RFE back for with original birth certificate along with a new certificate of translation(I had to wait for her to return for her to sign)

12-26-2012 text and email they have received the RFE.

12-29-2012 Appointment for biometrics is 01-23-2012

01-13-2012 AP is approved.

01-23-2012 Biometrics appointment. Later during the evening the text and email saying the EAD is approved.

01-31-2012 EAD/AP combo card arrives.

05-22-2012 Email and text card is in production!

Link to comment
Share on other sites

Filed: K-1 Visa Country: Thailand
Timeline

Once you been interviewed and they requested supporting documents, the letter you receieve should specify when you can bring back the info.

I believe you can be back every week on Monday or Wednesday in the afternoon.

If you are not in a hurry to go back, I would email the Bangkok consulate explaining your situation and get a solid answer before going back to save you a trip.

Best luck!

thank you,

yes, the paper said Monday and Wednesday afternoon!

Link to comment
Share on other sites

Filed: K-1 Visa Country: Thailand
Timeline

I provided my pay stubs along with a letter from my HR department stating I was an employee in good standing, time with company, time in current position, and annual income. I'd request proof of income from your company's HR department.

thank you,

i will see what can i do about that letter since i just work at a small restaurant!

Link to comment
Share on other sites

Filed: K-1 Visa Country: Thailand
Timeline

This is a little confusing to me. You say they didnt look at the pay stubs & then you say they still have them.

I assume those 8 stubs represent 2 to 4 months of income which wasnt enough to satisfy them.

I agree with Johns advise. Doing what he suggests will produce a letter that indicates not only what you have earned but the projected annual income while showing they intend for you to be with them into the future.

You could write a letter to submit explaining why your income was lower last year & what you did to improve it at this time. My husband did this just to make sure there was no question about his income levels.

There is a reason they kept the other docs. Just do everything you can to allow them to issue the visa.

yes Ning, it was about 4 months of pay stubs and the embassy didn't return my I-134 along with the support docs(pay stubs,tax return,employment letter...etc) to my fiancee!

Another thing is maybe try and get copies of every pay stub you have where you are making over %125 of the poverty level and get the employment letter from your employer like the last few posts of have said. I was bad at keeping my pay stubs from work and I went and asked HR for the last 6 months pay stubs. I have since gotten better and have pretty much kept all of my pay stubs since. Also write the a letter like Ning has said. Good luck.

Just curious was the piece of paper they gave the 221g on yellow?

yes Andy, it was a yellow paper! is it good or bad?

Link to comment
Share on other sites

Filed: K-3 Visa Country: Thailand
Timeline

yes Ning, it was about 4 months of pay stubs and the embassy didn't return my I-134 along with the support docs(pay stubs,tax return,employment letter...etc) to my fiancee!

yes Andy, it was a yellow paper! is it good or bad?

Of course it isnt good that they didnt issue the visa so far but this isnt as bad as it may seem. They kept those docs as part of the case file. Now all you have to do is what they asked which is give them more of the same type thing. The letter John indicated could do it but try to do the others things we suggested as well. More is better in this case. Maybe your boss can be a little creative in the employment area. Again I would send a letter explaining why last years income was lower & what I was doing about improving it. Such as requesting more hours at work & seeking a second job. Nothing wrong with pointing out some help from your parents could be given if need be. Also it would be good to tell them you plan to marry right away & the file the AOS right away. Important because they will see that you understand as part of the AOS you can use a co sponsor. This means that there will be almost no chance of her ever needing govt assistance which what they are concerned about. Remove any doubt & you will get what you want.

Nothing is for certian but if you do these things you will succeed.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Thailand
Timeline

Of course it isnt good that they didnt issue the visa so far but this isnt as bad as it may seem. They kept those docs as part of the case file. Now all you have to do is what they asked which is give them more of the same type thing. The letter John indicated could do it but try to do the others things we suggested as well. More is better in this case. Maybe your boss can be a little creative in the employment area. Again I would send a letter explaining why last years income was lower & what I was doing about improving it. Such as requesting more hours at work & seeking a second job. Nothing wrong with pointing out some help from your parents could be given if need be. Also it would be good to tell them you plan to marry right away & the file the AOS right away. Important because they will see that you understand as part of the AOS you can use a co sponsor. This means that there will be almost no chance of her ever needing govt assistance which what they are concerned about. Remove any doubt & you will get what you want.

Nothing is for certian but if you do these things you will succeed.

[/quote

thank you very much Ning, i will do everything u guys suggested and hopefully everything will turn out alright!

Again, thanks for everybody's help, i really appreciated it!

wish me luck

Link to comment
Share on other sites

Filed: K-1 Visa Country: Thailand
Timeline

Of course it isnt good that they didnt issue the visa so far but this isnt as bad as it may seem. They kept those docs as part of the case file. Now all you have to do is what they asked which is give them more of the same type thing. The letter John indicated could do it but try to do the others things we suggested as well. More is better in this case. Maybe your boss can be a little creative in the employment area. Again I would send a letter explaining why last years income was lower & what I was doing about improving it. Such as requesting more hours at work & seeking a second job. Nothing wrong with pointing out some help from your parents could be given if need be. Also it would be good to tell them you plan to marry right away & the file the AOS right away. Important because they will see that you understand as part of the AOS you can use a co sponsor. This means that there will be almost no chance of her ever needing govt assistance which what they are concerned about. Remove any doubt & you will get what you want.

Nothing is for certian but if you do these things you will succeed.

Ning, do u know normally how long will it take the embassy to give the final decision after submitting the additional docs required by the 221(g)?

thank you very much

Link to comment
Share on other sites

Filed: K-3 Visa Country: Thailand
Timeline

Ning, do u know normally how long will it take the embassy to give the final decision after submitting the additional docs required by the 221(g)?

thank you very much

I do not know the actual answer to your question. I think they will decide right then. All they are looking for is the evidence they must have in the file to allow them to issue the visa.

I think we can see here this is a case of the officer using discresion which told them there wasnt enough evidence of a higher income. On that day the officer decided 4 months wasnt enough time to indicate the income would remain at that level based on the year before. All you have to do is give them what they need to be able to change their mind.

My husband was in a similar situation with his income & job length. He did what John suggested you do. At that time the USC was allowed inside so he was standing right there at my interview. They didnt ask one question about his income or really anything else.

Something from the employer will enhance the evidence enough. The letter I suggested about doing the AOS should show that you are aware of the future process including using the co sponsor if needed. It also means USCIS will have a second chance to review your situation & decide about her green card.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...