serendipity9

Sorry if this is the wrong forum to post this question, but my fiance's interview was a few days ago and the CO determined inadmissiblity for INA 212a4 "public charge" because my income is too low for my household size and they refused to accept my co-sponsor because it was a friend of my family(even though the co-sponsor had sufficient income with I-134 and verifications)

On the slip given, it also indicated to submit a new "I-134 and 2010 tax returns" (for who?? I didn't earn enough and they refused the co-sponsor) it also said "OR proof of full-time job with sufficient income" (which,I do hope to have soon)how much time does one have to submit this evidence? The the sheet says up to a year, but I think it's just a form letter...isn't the k1 petition valid only for four months(revalidated by CO for four months at a time)?

How much time does one actually have to respond before the petition is sent back?

It might seem silly to come back and answer my own question here, but I thought I'd share it in case anyone else is dealing with the same inadmissibility issue: I called DoS today and the representative said that applicants do have up to one year to present the requested documents to the consulate and that the petition (K1)validity will be extended within that timeframe.

Sorry if this is the wrong forum to post this question, but my fiance's interview was a few days ago and the CO determined inadmissiblity for INA 212a4 "public charge" because my income is too low for my household size and they refused to accept my co-sponsor because it was a friend of my family(even though the co-sponsor had sufficient income with I-134 and verifications)

On the slip given, it also indicated to submit a new "I-134 and 2010 tax returns" (for who?? I didn't earn enough and they refused the co-sponsor) it also said "OR proof of full-time job with sufficient income" (which,I do hope to have soon)how much time does one have to submit this evidence? The the sheet says up to a year, but I think it's just a form letter...isn't the k1 petition valid only for four months(revalidated by CO for four months at a time)?

How much time does one actually have to respond before the petition is sent back?

It took about 2 months for us to hear back about scheduling an appointment.

I was kinda surprised to see all these replies today since its a couple months old.. but thanks for the input.

Sorry if my question was unclear to some, I was just asking about how to best address the issue if it comes up during the the interview.

I have been advised, thanks

No,it's because they are severely understaffed right now and processing is backlogged with cases. It took a over 6 weeks for them to reply to my fiance just to schedule an interview, but they finally did just this past week-- so they're working, but it's just taking a lot longer at this time because of understaffing.

The date for which the embassy has scheduled my fiance's interview falls 10 days after the NOA2 validity period expires. I understand it is typical for the CO to "automatically" extend the validity period without any request from the petitioner in circumstances such as this when the embassy didn't have any appointments available before the expiration date. However, I recall reading about a case (at another consulate in the region) where the beneficiary was issued a 221g at the interview and the CO said they were sending the petition back to be reaffirmed by USCIS because it was already expired at the time of the interview. I'd only ever heard of K1 petitions being returned for recommending revocation (after which it's usually allowed to expire at the service center if it hasn't already)

If the CO didn't extend the validity period yet refuses to issue the visa at the interview, isn't the petition effectively dead right there regardless of whether they call it a denial?? If it's returned ostensibly for further review, there would basically be no recourse since it's being returned as an expired petition, right? It seems like just a disingenuous way to deny a visa without having to outright deny it, and the petitioner is none the wiser while they quietly wait for a response they'll never receive.

Anyways, I ask because I know that at the embassy we are going through, majority of cases get at least some AP and it seems petitions are increasingly being returned to USCIS for vaguely-defined review or reaffirmation..wouldn't it just languish until it's finally purged from the system?

So, would sending a statement requesting for the petition to be extended for another four months to allow for any additional processing offer some safeguard? not that the CO is bound to honor the request, but it seems like a valid petition would have more "teeth" in whatever processing than an expired one (or maybe not)

Any insight or experience on this? Thanks

UPDATE - so apparently all your advise here from all paid off - thank you so much... I received a letter/email from my Senators office today with an update from the embassy. The email reply from the embassy stated:

"“We have been in contact with the petitioner by telephone and will be following up on the case this week. At present, there appears to be no issues and we believe it will be issued within the next week or so”

So... getting through to them by phone was the key, also letting them know a mistake was made on their end and that I tried getting it corrected for a month with no answers from them. Once I got her on the phone she spent the 45 minutes with me getting to know us and our situation. 5-7 month AP averted!

Looks like there is an incredible chance he will be here before months end, inshallah! This is what it's all about...

Woo-hooo!! I'm so happy for you! Well done! Like they say, the squeaky wheel gets the grease. Kudos to you for being one mighty squeaky gal when it mattered most !

Hi There,

I am sorry to hear of your troubles. When I emailed them regarding my husbands interview date they replied within 3 days. That was however regarding moving the date, not scheduling. With that said, I have since emailed them seven times for a follow up to my husbands interview as they never gave him a slip, no status, etc but no approval. All I am asking is if he was denied or in AP. I have only received one email back telling me they are receiving my emails, but no answer. Go figure.

I also cannot get them by phone at all. My suggestion would be to go back to the NVC and let them know you cannot get any contact for an interview. Maybe they can help. I myself am debating applying for my visa to visit Algeria to show up on their doorstep for an answer!

Best of Luck to you - if you figure out a way to reach them let me know!

Thank you Coincidentally, I just sent an email to NVC last Thursday simply because embassy has been completely unresponsive and petition expires in 2 weeks (I realize they tend to automatically extend validity in instances like this, but it seemed to give a legit sense of urgency for contacting NVC)

The other poster's point about patience and lockdown is well taken, but this was a problem for me and fiance even before the regional chaos broke out in early September-- plus from what I understand, DZ embassy has been comparatively unaffected since then and consular operations are business as usual (at least that's their PR stance)

It is discouraging though.. scheduling an appointment should be straightforward enough. If we are having such difficulty even doing that, I can't imagine the communications nightmare I will encounter once it's (invariably) put in AP after his interview with all our five-alarm-red flags. That's actually the more optimisitic outcome (preferable to me beseeching them to overturn a denial) Guess I might as well get comfortable and keep an eye out for good airfares :/

Please keep in touch about your case as well. Thanks and best of luck.

The embassy in Algeria received our approved I-129F in July and they sent email instructions for the application process for my fiance on July 29. According to the instructions, we are to email our request for an interview appointment once we had the required forms and verifications ready. We have been requesting an appointment since the second week of August. The first reply said wait until September and check again, which we did and have done every week now and they will not respond to the emails! I cannot get through to anyone on the phone (even though the website says no visa inquiries are accepted by phone, I don't know how else one can reach them if they don't reply to emails!)

If appointments are booked so far out and they are backlogged with cases, that's understandable.. but they could at least reply to let us know that our requests for an appointment aren't just floating out there in consular oblivion.

Any suggestions?

Vimto is the special iftar drink in my family. I only ever buy it during Ramadan and it has to be the concentrate cordial that you mix, not the ready-made stuff

mmmmm...Vimto

Hibiscus tea can make a fun special treat too when brewed very strongly, really sweetened and then frozen in small plastic baggies, then slit the corner and eat it like a popsicle. Tangy and sweet, love it

Ramadan Karim

Thank you all very much for the replies.

I am not quite 7 years older than him, so it's not an enormous age gap but not insignificant in the CO's eyes either, I imagine.

However, the family's disapproval is just one of several confounding issues-- I was previously married and I had filed spousal-based AOS for my (now ex) husband who was studying here in the U.S. when we met and married in 1996. However, that marriage lasted over 15 years, we had a family, a mortage, shared assets, all that, etc. He became naturalized 8 years ago and we had 2 more kids after that (we didn't separate until 2 yrs ago) so I wouldn't think that should set off suspicious alarm bells with the Embassy/USCIS. I don't know, maybe it will (my ex and my fiance are not of the same national origin/ethnicity if that's of any relevance)

It's not possible for me to make another trip before the likely date of the interview. I think the best he can do is what just say it's unfortunate the family doesn't support the engagement, but we are happy and determined to share a life together, as Moh&Tam suggested. Thanks As we hope for the best, inshallah.

Hello- I have been reading the MENA forum for just a few months now, but it seems nearly everyone here has been warmly welcomed by their in-laws. My fiance's family vehemently disapproves (and certainly won't entertain any cordial introductions). I can't say I blame them, I'm sure a slightly older, divorced mother is not what they envisioned for him (our common religion notwithstanding). Actually, the patriarch of the family has yet to be informed because that will really be when SHTF (autocratic fathers are complicated like that, y'know?)

Anyways, we are almost at the interview stage and I'm guessing the CO will ask "How does your family feel about your fiancee?" Of course, the only option is to be honest about it and it may very well send up a fatal "red flag".

As we are well above the age of consent, I realize the family's express permission is not required per se, but family approval is very important to conform to cultural norms. I fear the CO will deny us based upon this unless this peculiarity can be solidly explained.

Did any of you have in-laws who objected to the engagement/marriage (to put it mildly)? How would one overcome this red flag, if it's even possible to do so? I mean, family dynamics vary widely within any culture (and good heavens, dysfunction is universal!). Does anyone have any advice as far as addressing this in the interview?