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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.

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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 by debbiedoo

5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

 

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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 by Williamtaylor0929

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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)


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

 

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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. 

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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 by John & Rose

June 6,  2017 - Filed the K-1

April 20, 2018 - K-1 refused

June 11, 2018 - Got married in Pateros, Metro Manila

September 10, 2018 - Filed the CR-1

September 11, 2018 - Priority Date

September 14, 2018 -  NOA-1

 

 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY.   These are the only ones that can attend the seminar without their visa.

 

 

IMG_7714.jpg.2782f301709f81dd223fe1b62d085472.jpg

 

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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).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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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.


June 6,  2017 - Filed the K-1

April 20, 2018 - K-1 refused

June 11, 2018 - Got married in Pateros, Metro Manila

September 10, 2018 - Filed the CR-1

September 11, 2018 - Priority Date

September 14, 2018 -  NOA-1

 

 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY.   These are the only ones that can attend the seminar without their visa.

 

 

IMG_7714.jpg.2782f301709f81dd223fe1b62d085472.jpg

 

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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. 

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


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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