Mike Dobony

Many of you have read the account of my daugher in law's visa denial. The
following is a letter I intend to fax to the Consulate begging them to
reconsider their added and unnecessary requirement. Please help me out with
this. Financial figures are x'ed out, but substancial compared to the
attorney's opinion of $10,000. Obviously I also did not give the actual
case number (though you are free to attempt to use it if you wish ; ))
Specifically, do you have a recommended specific official at the consulate
to fax this to?

Dear Sirs,

I beg you to reconsider Abigail Dobony's visa, LGS1234567890. My son,
Brian, is a very industrious young man. He worked the last two years of
high school, paying for his own car and its associated expenses. After
quitting that job because of harassment he immediately got a job at UP
Electronics, never missing a paycheck. He was moved around to several
different jobs in the first three months, mastering all of them. In his
last move he assisted a college trained technician who could not keep up
with production and put out over three times the production of the
technician! That company only hires 8-10 new employees per year from the
temp agency and had already hired their yearly quota. His supervisor made a
special request that he be put on the company payroll at tech job despite no
college training.

Since graduating from high school in 1999, Brian has helped his sister
purchase a used car and paid cash for a new 2002 Saturn. Since then he has
saved up enough to purchase another new car if he wanted to.

After returning to the United States on January 2, 2005 he spent the first 2
weeks recovering from the health problems he experienced while living in
Nigeria since May, 2004 and cleaning up some personal business. He also
spent considerable time investigating investment property. He looked for
work about the end of the second week as was working the next week. He was
again the fastest employee to ever fill his position. However, because of
the advice he received from his immigration attorney that you could not
reject Abigail's visa if he was not working but we had sufficient income to
sponsor Abigail and to do so was a criminal act, along with an email from
your office sent to him assuring him that if he returned to Nigeria you
would not reject her visa on the grounds that he did not have a job since we
had sufficient income to sponsor Abigail, he took leave from his job to
return to Nigeria to be with his wife. While at work the other employees
had their radios playing. The love songs ripped him apart emotionally and
he often came home in tears because of his force separation from his wife.

When Brian returns to the United States he will again live with us, as he
has since graduation. When Abigail comes to the United States they will
also stay in our home until he saves up enough to purchase their own home.
I contacted his employer Wednesday, June 8, 2005 and today, Thursday, June
9, 2005, he is already set up to start again next Wednesday or Thursday,
depending on how soon he can catch a return flight to the United States.

When Brian left the United States last year to be with Abigail he took a
leave of absence from his job based upon information given to him by USCIS
concerning the length of time for processing a spousal visa. They told him
it would take only 2-3 months to fully process a spousal visa. He therefore
took a 3 month leave of absence and they held his job open for 5 months. He
did not return to work because he promised Abigail that he would not abandon
her and he keeps his promises.

We have pledged our financial support for both my son and Abigail. Our
combined income is almost double the required minimum income. We are
willing to put up a bond in support of Abigail to get her home with her
husband and us immediately and he is also willing and well able to put up a
bond himself. My wife and I are willing to put up our rental property as
bond in support of her. We only ask that we be free to sell it (the renters
are interested in purchasing it after they sell their 2 homes in another
area of the state) and put half of the sale price in a cash bond, a minimum
of $xxx, for three years. The house has a market value of over $xxx and is
owned totally free and clear and we are asking $xxx for it from the renters.
We have already signed the papers documenting this pledge and Abigail has
those papers with her.

Again, my wife and I beg you to reconsider your decision to require my son
to work for 3 additional months before granting Abigail's visa. This
separation for an uncertain time period was not expected per all sources,
including your own office, and will cause unnecessary emotional distress to
both Brian and Abigail. She is in no danger of being a public charge, as a
review of our financial documentation will readily demonstrate, nor is she
any danger to society.

Thank you for your time and consideration in this important matter.

Sincerely,

ian-mstm

A letter like this will probably go over better coming from your son, not from you. Except for your joint-sponsorship - which ensures only that she won't become a financial burden - USCIS likely considers you a disinterested third party in this action.


This makes him sound like a weanie!


This isn't the same as not missing work!


This makes him sound incompetent.

I'm sure your son is a nice guy, and while you've written passionately about your family, what you've written will probably not persuade anyone to consider further action.

Ian

Pollyana

Having followed the story of your family on your other thread, I'm a bit confused - you are appealing against Abigails's visa denial'? I didn't think it had been denied, but they just wanted yuor son in employment for a certain time before granting it?

Noorah101

Hi Mike,

I agree that the letter would be better coming directly from your son. The Consulate isn't likely to care what the joint sponsor in the whole deal has to say about her case.

Please do share whatever you hear back from Lagos. I, for one, am interested to know if they put any weight in your letter. For you and Brian's sake, I hope so....but be prepared either way.

Best Wishes,
Rene

bionomique

I imagine this letter is to appeal to the consulate to lift the 3 month requirement prior to revisiting the visa issue. Were I in this pickle, I'd not include the phrase "criminal act", whether direct, implied or otherwise when referring to the very department one wishes to win over!
Actually, there's a lot I wouldn't include.

cbaudelaire

If you are thinking that the situation is unfair because you have acted as joint sponsors and satisfy the financial requirements, you should check this out:



I-864 Fact Sheet:
http://uscis.gov/graphics/publicaffa...ets/affaqa.htm

7. Does a sponsor need to show proof of current employment?

A sponsor is not required to be employed, so long as the sponsor's income from sources other than employment, or the income of other qualifying persons in the household and/or assets are sufficient to reach or exceed the poverty line for the sponsor's household size. However, it is anticipated that in most cases the sponsor will need to be employed and show proof of employment to meet the income requirements.

----

Basically, my understanding is that the joint sponsor can only AID the main sponsor IF the sponsor is at least employed (making less than poverty). It appears that the only way for the sponsor (your son) to qualify as an unemployed person, he would have to be self-sufficient (satisfy the financial requirements through assets or other income means) without the aid of joint sponsors.

Mike Dobony

"ian-mstm" <member2954@british_expats.com> wrote in message
news:[email protected] m...
    > > Many of you have read the account of my daugher in law's visa denial.
    > > The
    > > following is a letter I intend to fax to the Consulate begging them to
    > > reconsider their added and unnecessary requirement. Please help me
    > > out with
    > > this. Financial figures are x'ed out, but substancial compared to the
    > > attorney's opinion of $10,000. Obviously I also did not give the
    > > actual
    > > case number (though you are free to attempt to use it if you wish ; ))
    > > Specifically, do you have a recommended specific official at the
    > > consulate
    > > to fax this to?
    > >
    > > Dear Sirs,
    > >
    > > I beg you to reconsider Abigail Dobony's visa, LGS1234567890. My son,
    > > Brian, is a very industrious young man. He worked the last two years
    > > of
    > > high school, paying for his own car and its associated expenses.
    > > After
    > > quitting that job because of harassment he immediately got a job at UP
    > > Electronics, never missing a paycheck. He was moved around to several
    > > different jobs in the first three months, mastering all of them. In
    > > his
    > > last move he assisted a college trained technician who could not keep
    > > up
    > > with production and put out over three times the production of the
    > > technician! That company only hires 8-10 new employees per year from
    > > the
    > > temp agency and had already hired their yearly quota. His supervisor
    > > made a
    > > special request that he be put on the company payroll at tech job
    > > despite no
    > > college training.
    > >
    > > Since graduating from high school in 1999, Brian has helped his sister
    > > purchase a used car and paid cash for a new 2002 Saturn. Since then
    > > he has
    > > saved up enough to purchase another new car if he wanted to.
    > >
    > > After returning to the United States on January 2, 2005 he spent
    > > the first 2
    > > weeks recovering from the health problems he experienced while
    > > living in
    > > Nigeria since May, 2004 and cleaning up some personal business. He
    > > also
    > > spent considerable time investigating investment property. He
    > > looked for
    > > work about the end of the second week as was working the next week.
    > > He was
    > > again the fastest employee to ever fill his position. However,
    > > because of
    > > the advice he received from his immigration attorney that you could
    > > not
    > > reject Abigail's visa if he was not working but we had sufficient
    > > income to
    > > sponsor Abigail and to do so was a criminal act, along with an
    > > email from
    > > your office sent to him assuring him that if he returned to Nigeria
    > > you
    > > would not reject her visa on the grounds that he did not have a job
    > > since we
    > > had sufficient income to sponsor Abigail, he took leave from his
    > > job to
    > > return to Nigeria to be with his wife. While at work the other
    > > employees
    > > had their radios playing. The love songs ripped him apart
    > > emotionally and
    > > he often came home in tears because of his force separation from
    > > his wife.
    > >
    > > When Brian returns to the United States he will again live with
    > > us, as he
    > > has since graduation. When Abigail comes to the United States
    > > they will
    > > also stay in our home until he saves up enough to purchase
    > > their own home.
    > > I contacted his employer Wednesday, June 8, 2005 and today,
    > > Thursday, June
    > > 9, 2005, he is already set up to start again next Wednesday or
    > > Thursday,
    > > depending on how soon he can catch a return flight to the
    > > United States.
    > >
    > > When Brian left the United States last year to be with Abigail he took
    > > a
    > > leave of absence from his job based upon information given to him by
    > > USCIS
    > > concerning the length of time for processing a spousal visa. They
    > > told him
    > > it would take only 2-3 months to fully process a spousal visa. He
    > > therefore
    > > took a 3 month leave of absence and they held his job open for 5
    > > months. He
    > > did not return to work because he promised Abigail that he would not
    > > abandon
    > > her and he keeps his promises.
    > >
    > > We have pledged our financial support for both my son and Abigail.
    > > Our
    > > combined income is almost double the required minimum income. We are
    > > willing to put up a bond in support of Abigail to get her home with
    > > her
    > > husband and us immediately and he is also willing and well able to put
    > > up a
    > > bond himself. My wife and I are willing to put up our rental property
    > > as
    > > bond in support of her. We only ask that we be free to sell it (the
    > > renters
    > > are interested in purchasing it after they sell their 2 homes in
    > > another
    > > area of the state) and put half of the sale price in a cash bond, a
    > > minimum
    > > of $xxx, for three years. The house has a market value of over $xxx
    > > and is
    > > owned totally free and clear and we are asking $xxx for it from the
    > > renters.
    > > We have already signed the papers documenting this pledge and Abigail
    > > has
    > > those papers with her.
    > >
    > > Again, my wife and I beg you to reconsider your decision to require my
    > > son
    > > to work for 3 additional months before granting Abigail's visa. This
    > > separation for an uncertain time period was not expected per all
    > > sources,
    > > including your own office, and will cause unnecessary emotional
    > > distress to
    > > both Brian and Abigail. She is in no danger of being a public
    > > charge, as a
    > > review of our financial documentation will readily demonstrate, nor is
    > > she
    > > any danger to society.
    > >
    > > Thank you for your time and consideration in this important matter.
    > >
    > > Sincerely,
    > A letter like this will probably go over better coming from your son,
    > not from you. Except for your joint-sponsorship - which ensures only
    > that she won't become a financial burden - USCIS likely considers you a
    > disinterested third party in this action.
    > This makes him sound like a weanie!

???????????????????????????????????

    > This isn't the same as not missing work!

???? Please explain.

    > This makes him sound incompetent.


???????????????????????????????

    > I'm sure your son is a nice guy, and while you've written passionately
    > about your family, what you've written will probably not persuade anyone
    > to consider further action.
    > Ian
    > --
    > Posted via http://britishexpats.com

Mike Dobony

"cbaudelaire" <member37919@british_expats.com> wrote in message
news:[email protected] m...
    > > Many of you have read the account of my daugher in law's visa denial.
    > > The
    > > following is a letter I intend to fax to the Consulate begging them to
    > > reconsider their added and unnecessary requirement. Please help me
    > > out with
    > > this. Financial figures are x'ed out, but substancial compared to the
    > > attorney's opinion of $10,000. Obviously I also did not give the
    > > actual
    > > case number (though you are free to attempt to use it if you wish ; ))
    > > Specifically, do you have a recommended specific official at the
    > > consulate
    > > to fax this to?
    > >
    > > Dear Sirs,
    > >
    > > I beg you to reconsider Abigail Dobony's visa, LGS1234567890. My son,
    > > Brian, is a very industrious young man. He worked the last two years
    > > of
    > > high school, paying for his own car and its associated expenses.
    > > After
    > > quitting that job because of harassment he immediately got a job at UP
    > > Electronics, never missing a paycheck. He was moved around to several
    > > different jobs in the first three months, mastering all of them. In
    > > his
    > > last move he assisted a college trained technician who could not keep
    > > up
    > > with production and put out over three times the production of the
    > > technician! That company only hires 8-10 new employees per year from
    > > the
    > > temp agency and had already hired their yearly quota. His supervisor
    > > made a
    > > special request that he be put on the company payroll at tech job
    > > despite no
    > > college training.
    > >
    > > Since graduating from high school in 1999, Brian has helped his sister
    > > purchase a used car and paid cash for a new 2002 Saturn. Since then
    > > he has
    > > saved up enough to purchase another new car if he wanted to.
    > >
    > > After returning to the United States on January 2, 2005 he spent
    > > the first 2
    > > weeks recovering from the health problems he experienced while
    > > living in
    > > Nigeria since May, 2004 and cleaning up some personal business. He
    > > also
    > > spent considerable time investigating investment property. He
    > > looked for
    > > work about the end of the second week as was working the next week.
    > > He was
    > > again the fastest employee to ever fill his position. However,
    > > because of
    > > the advice he received from his immigration attorney that you could
    > > not
    > > reject Abigail's visa if he was not working but we had sufficient
    > > income to
    > > sponsor Abigail and to do so was a criminal act, along with an
    > > email from
    > > your office sent to him assuring him that if he returned to Nigeria
    > > you
    > > would not reject her visa on the grounds that he did not have a job
    > > since we
    > > had sufficient income to sponsor Abigail, he took leave from his
    > > job to
    > > return to Nigeria to be with his wife. While at work the other
    > > employees
    > > had their radios playing. The love songs ripped him apart
    > > emotionally and
    > > he often came home in tears because of his force separation from
    > > his wife.
    > >
    > > When Brian returns to the United States he will again live with
    > > us, as he
    > > has since graduation. When Abigail comes to the United States
    > > they will
    > > also stay in our home until he saves up enough to purchase
    > > their own home.
    > > I contacted his employer Wednesday, June 8, 2005 and today,
    > > Thursday, June
    > > 9, 2005, he is already set up to start again next Wednesday or
    > > Thursday,
    > > depending on how soon he can catch a return flight to the
    > > United States.
    > >
    > > When Brian left the United States last year to be with Abigail he took
    > > a
    > > leave of absence from his job based upon information given to him by
    > > USCIS
    > > concerning the length of time for processing a spousal visa. They
    > > told him
    > > it would take only 2-3 months to fully process a spousal visa. He
    > > therefore
    > > took a 3 month leave of absence and they held his job open for 5
    > > months. He
    > > did not return to work because he promised Abigail that he would not
    > > abandon
    > > her and he keeps his promises.
    > >
    > > We have pledged our financial support for both my son and Abigail.
    > > Our
    > > combined income is almost double the required minimum income. We are
    > > willing to put up a bond in support of Abigail to get her home with
    > > her
    > > husband and us immediately and he is also willing and well able to put
    > > up a
    > > bond himself. My wife and I are willing to put up our rental property
    > > as
    > > bond in support of her. We only ask that we be free to sell it (the
    > > renters
    > > are interested in purchasing it after they sell their 2 homes in
    > > another
    > > area of the state) and put half of the sale price in a cash bond, a
    > > minimum
    > > of $xxx, for three years. The house has a market value of over $xxx
    > > and is
    > > owned totally free and clear and we are asking $xxx for it from the
    > > renters.
    > > We have already signed the papers documenting this pledge and Abigail
    > > has
    > > those papers with her.
    > >
    > > Again, my wife and I beg you to reconsider your decision to require my
    > > son
    > > to work for 3 additional months before granting Abigail's visa. This
    > > separation for an uncertain time period was not expected per all
    > > sources,
    > > including your own office, and will cause unnecessary emotional
    > > distress to
    > > both Brian and Abigail. She is in no danger of being a public
    > > charge, as a
    > > review of our financial documentation will readily demonstrate, nor is
    > > she
    > > any danger to society.
    > >
    > > Thank you for your time and consideration in this important matter.
    > >
    > > Sincerely,
    > If you are thinking that the situation is unfair because you have acted
    > as joint sponsors and satisfy the financial requirements, you should
    > check this out:
    > I-864 Fact Sheet:
    > http://uscis.gov/graphics/publicaffa...ets/affaqa.htm

Page does not exist!!!???

    > 7. Does a sponsor need to show proof of current employment?
    > A sponsor is not required to be employed, so long as the sponsor's
    > income from sources other than employment, or the income of other
    > qualifying persons in the household and/or assets are sufficient to
    > reach or exceed the poverty line for the sponsor's household size.
    > However, it is anticipated that in most cases the sponsor will need to
    > be employed and show proof of employment to meet the income
    > requirements.

We DO fulfill that requirement, but they refused to look at it. THIS seems
to be totally ignored by every response I have received from this group!! I
am beginning to believe that nobody passed kindergarten!!!!

    > ----
    > Basically, my understanding is that the joint sponsor can only AID the
    > main sponsor IF the sponsor is at least employed (making less than
    > poverty). It appears that the only way for the sponsor (your son) to
    > qualify as an unemployed person, he would have to be self-sufficient
    > (satisfy the financial requirements through assets or other income
    > means) without the aid of joint sponsors.
    > --
    > Posted via http://britishexpats.com

Mike Dobony

"Pollyana" <member7609@british_expats.com> wrote in message
news:[email protected] m...
    > Having followed the story of your family on your other thread, I'm a bit
    > confused - you are appealing against Abigails's visa denial'? I didn't
    > think it had been denied, but they just wanted yuor son in employment
    > for a certain time before granting it?

"Visa has been denied."

    > --
    > Posted via http://britishexpats.com

Mike Dobony

"bionomique" <member35859@british_expats.com> wrote in message
news:[email protected] m...
    > > Having followed the story of your family on your other thread, I'm a
    > > bit confused - you are appealing against Abigails's visa denial'? I
    > > didn't think it had been denied, but they just wanted yuor son in
    > > employment for a certain time before granting it?
    > I imagine this letter is to appeal to the consulate to lift the 3 month
    > requirement prior to revisiting the visa issue. Were I in this pickle,
    > I'd not include the phrase "criminal act", whether direct, implied or
    > otherwise when referring to the very department one wishes to win over!
    > ;)
    > Actually, there's a lot I wouldn't include.

Thanks. What else would you not include?

    > --
    > Posted via http://britishexpats.com

cindyabs

You go back through and state the facts UNEMOTIONALLY without editorializing.

bionomique

Mike,

In my opinion the letter should be concise and to the point. Presenting information which would support the contention that your d-i-l's case should be reviewed on the basis of the fact that your son has
.. a stable financial status
.. has accepted a job in the USA, which was awaiting his return, which offers them both a promising future
.. that you are a joint sponsor of more than adequate means
.. that your son and d-i-l are anxious to be reunited.

I'd close the letter with a statement to the effect that your son has followed the advice of the ConOff, promptly and efficiently, albeit with some concern of the hardships a lengthy separation from his wife in Nigeria might cause and request that the visa matter be reviewed as soon as is practical and possible. If you wish, you could try to evoke a response, by closing with a request for the consulate to inform your son or d-i-l if there is anything more which could be presented to help expedite matters.

ian-mstm

Oh... by all means... the best way to get help is to insult the very people from whom you seek advice. I'll also add that if you feel no one here is able to help, why then do you keep asking? If you are unable to convince a bunch of complete albeit sympathetic strangers that you have a valid grievance, what makes you think that you'll get any different response from Lagos?


I would not include anything that was anecdotal. I would include only the facts without comment and without accusation.

Ian

Folinskyinla

Hi:

I agree but would add an additional point -- by definition, Mike is getting his information second, third or even fourth hand. He is not present in the Lagos Consular Section. And HE has no "standing" to directly deal with the consulate [his family's US attorney does].

I learned a long time ago that, to a certain extent, NOT to trust what my clients relay to me about their doings with government agencies -- I want to see the paperwork and hopefully communicate directly with the government agency personnel involved.

A story -- quite awhile back, I was representing a PRC couple applying for an EB adjustment. The husband was here on an H-1b and wife here on H-4. They desired to finally have their young son join them and Grandma applied for an H-4 in Chengdu for the child. Grandma reports to her son that Damn ConOff denied visa because the parents had a green card adjustment pending. Well, section 214(b) of the Act had been recently amended to remove that as a ground of denial for "H" visas.

So, I sent a fax to Chengdu noting what my clients had TOLD ME -- but noting that they may have misunderstood since I was sure that the Consulate was aware of the change to 214(b). Could they please advise me of the reason for the denial so I could intelligently speak with my clients on the matter? Within 24 hours, I got back a fax thanking me profusely for my inquiry, they DID understand the law, they DID explain to Grandma, but Grandma had difficulty understanding, and could I PLEASE, as soon as possible, explain to my clients that the ONLY problem was a technical one with the birth certificate and that the problem could be fixed in about 10 minutes and when fixed they WOULD grant the visa with pleasure. [I can't tell you how shocked I was to see a WRITTEN statement from a ConOff that they "would" grant a visa without the word "probably" attached].

I showed the fax to H-1 father with a notation on my part "Your mother can be awfully stubborn, no?" and he readily agreed. The child was in the US 10 days later.

bionomique

Aye, aye, Captain! It's a well-known fact that much to our consternation, we sometimes hear what we wish to hear ~ especially when we are emotionally close to the matter. I do understand Mike's need to feel that he is being proactive, but I'll admit writing on his son's or d-i-l's behalf does nothing to enhance the consulate's view (whether unfounded or not) of the couple's ability to be self-sufficient and they really only have an obligation to communicate with and respond to the petitioner (or petitioner's agent), I'd suspect.