VERY DEPRESSED BADLY NEED HELP

[Tahoma 2,291]

It doesn't surprise me that the CO decided you might become a public charge in the U.S. It appears that you are missing two very important pieces of evidence. You are missing a letter from his employer, and also you are missing current paycheck stubs which accurately reflect his income. Without this evidence, I don't think you can overcome the public charge issue.

One solution is to get a letter from his employer which accurately states his wages, and to have his employer start paying your fiancé's entire earnings by check. After a couple of months, submit these to the Embassy in order to show them that his current sustained income is above 125% of the poverty line. That way, he can qualify on his own and won't need a cosponsor.

Your fiancé's employer fears an investigation. That's because they are hiding something, and that means it's time for your fiancée to play hardball. Have your fiancé demand that his employer end the cash payments. From now on, his entire earnings must be paid by check. Also demand an employer's letter. Let the employer know that if they don't do it, then he will report their payroll irregularities to the authorities.

[VJwith Love 0]

@tahoma: can I add you up if you don't mind?..

[VJwith Love 0]

I can't seem to message you here ..I'm hoping I could add you somewhere else where we can talk better

[brian and aileen 14]

hello you can pm me what did i do with my fiance's letter of employment . looks like the same thing happened to me too but then i make sure i didn't put his last year's income on his affidavit of support. that is why when the CO saw it , it was updated.

[VJwith Love 0]

I already added you up sis I'll pm you

[issha2lynden 77]

oops, i got it wrong..it is actually a visa refused under section 212a(4) public charge finding...I'm sorry..so How else can we overcome the finding?

You were refused a visa under Section 212(a)(4) of the Immigration and Nationality Act (INA) because the petitioner's documented financial situation did not provide adequate assurances that you would not become a public charge if allowed entry into the United States.

After a careful review of the totality of the petitioner's circumstances, the adjudicating consular officer determined that you would be unable to overcome the potential public charge issue without significant changes to the petitioner's financial situation.

MEANING:LOOK CAREFULLY TO THE NEXT LINES SISSY

CO may consider the petitioner's assets to make up for any shortfall in his income. The assets may include, but are not limited to: (1) bank accounts showing sustained balance over time, (2) stocks and bonds indicating present cash value or expected earnings, and (3) personal property ownership and real estate investments in the form of a title deed or equivalent or certified copies. The assets must be available in the United States and must be readily convertible to cash within one year. However, if the income from these assets is derived from sources outside of the United States, a statement must be provided as to how the income is to be transferred to the U.S.

[VJwith Love 0]

You were refused a visa under Section 212(a)(4) of the Immigration and Nationality Act (INA) because the petitioner's documented financial situation did not provide adequate assurances that you would not become a public charge if allowed entry into the United States.

After a careful review of the totality of the petitioner's circumstances, the adjudicating consular officer determined that you would be unable to overcome the potential public charge issue without significant changes to the petitioner's financial situation.

MEANING:LOOK CAREFULLY TO THE NEXT LINES SISSY

CO may consider the petitioner's assets to make up for any shortfall in his income. The assets may include, but are not limited to: (1) bank accounts showing sustained balance over time, (2) stocks and bonds indicating present cash value or expected earnings, and (3) personal property ownership and real estate investments in the form of a title deed or equivalent or certified copies. The assets must be available in the United States and must be readily convertible to cash within one year. However, if the income from these assets is derived from sources outside of the United States, a statement must be provided as to how the income is to be transferred to the U.S.

thank you so much sis...i appreciate your reply...and we are working on our documents already..lots of thanks

[Gary and Alla 3,694]

Get married and start the process over with a CR-1. The CR-1 does not have the income requirements attached to it.

Good advice but for a bad reason.

The CR-1 DOES have financial requirements, exactly the same as the K-1, BUT they are reviewed by the NVC and not by the consulates. NVC is much more even handed and accepts joint sponsors easily. The Manilla consulate does not, it IS the disgression of the consulate and Manilla places a heavy premium on last years income tax return rather than CURRENT income. NVC goes by current income. This case would easily be accepted in Kiev or Moscow or dozens of other consulates. Not Manilla. That is a known quantity. The problem lies in the petitioner not preparing for the interview in Manilla with an acceptable co-sponsor or very good evidence of current income.

They may still be able to overcome this with a co-sponsor, it is worth a try. If not then either re-file using a 2011 tax return for the next interview or get married and file everything with NVC.

Edited November 30, 2011 by Gary and Alla

[VJwith Love 0]

Good advice but for a bad reason.

The CR-1 DOES have financial requirements, exactly the same as the K-1, BUT they are reviewed by the NVC and not by the consulates. NVC is much more even handed and accepts joint sponsors easily. The Manilla consulate does not, it IS the disgression of the consulate and Manilla places a heavy premium on last years income tax return rather than CURRENT income. NVC goes by current income. This case would easily be accepted in Kiev or Moscow or dozens of other consulates. Not Manilla. That is a known quantity. The problem lies in the petitioner not preparing for the interview in Manilla with an acceptable co-sponsor or very good evidence of current income.

They may still be able to overcome this with a co-sponsor, it is worth a try. If not then either re-file using a 2011 tax return for the next interview or get married and file everything with NVC.

thank you for taking time to reply..I very much appreciate it....we are taking care of our documents now...lots of thanks to all of you guys

God bless us all:)

[bigdog 376]

Maybe get married then apply as CR-1.

[Hank_ 9,173]

wow..i see you are from tucson, my fiancee is also from there... we are still looking at the factors of me as a nurse, and he is actually currently working and we are both young..factors considered in this public charge finding..

Yup been in Tucson for almost 15 years now.

I see I made another opps regarding the CR-1 requirement... sorry.

[VJwith Love 0]

Yup been in Tucson for almost 15 years now.

I see I made another opps regarding the CR-1 requirement... sorry.

you must really love the place then.. thanks so much for your replies

[Hank_ 9,173]

you must really love the place then.. thanks so much for your replies

Beats the heck out of Minnesota in the winter!

[Zen Den 18]

wow..i see you are from tucson, my fiancee is also from there... we are still looking at the factors of me as a nurse, and he is actually currently working and we are both young..factors considered in this public charge finding..

public charge finding...simply means they see from your docs that there is no way your fiance can financially support you because he can barely support himself.

if he can't find a co=sponsor (parents/siblings) get married (can you support him?) but make sure it won't just lead to more financial problems) or give it more time and apply when he has enough income to meet the above-poverty line requirement

[VJwith Love 0]

Beats the heck out of Minnesota in the winter!

yeah..that's what my fiance said so..he doesn't like the coldness in other states during winter:)