Originally Posted by Mike Dobony

"Jenney & Mark" <member2595@british_expats.com> wrote in message
news:[email protected] m...
    > > "bionomique" <member35859@british_expats.com> wrote in message
    > > news:[email protected] m...
    > > > > "Folinskyinla" <member4043@british_expats.com> wrote in message
    > > > > news:[email protected] m...
    > > > > > > My d-i-l's visa was denied because my son is in Nigeria with
    > > > > > > his
    > > > > > > wife
    > > > > > > and is
    > > > > > > therefore not working. My wife and I are sponsoring her and
    > > > > > > have
    > > > > > > almost
    > > > > > > double the required income. Per his immigration attorney they
    > > > > > > cannot
    > > > > > > deny
    > > > > > > her the visa on financial grounds if we have enough income to
    > > > > > > sponsor
    > > > > > > her.
    > > > > > > His attorney claimed this is a criminal act on the part of the
    > > > > > > interviewers.
    > > > > > > The interviewer claimed they can deny her under section 221G.
    > > > > > > They
    > > > > > > "claim"
    > > > > > > that if he comes back and gets and holds a job for 3 months
    > > > > > > they
    > > > > > > will
    > > > > > > approve the visa. Can anybody verify this information?
    > > > > > > Thanks.
    > > > > > Hi:
    > > > > > What "criminal act" is he referring to? I don't see one.
    > > > > > BTW, take a look at section 212(a)(4) of the Immigration &
    > > > > > Nationality
    > > > > > Act -- for family based immigrants there are TWO requirements --
    > > > > > the
    > > > > > general public charge provision [which has been there since time
    > > > > > immemorial] AND the specific "213A" provision for the unbeloved
    > > > > > I-
    > > > > > 864.
    > > > > > It is quite possible to have a legally sufficient I-864 and
    > > > > > NOT meet
    > > > > > the
    > > > > > general requirement.
    > > > > > The consul made a 221(g) "soft" denial and told him how to
    > > > > > fix it.
    > > > > > You are given good news and that is not sufficient for you?
    > > > > > They
    > > > > > told
    > > > > > you what the problem is and how to fix it. What is stopping
    > > > > > him
    > > > > > from
    > > > > > doing that.
    > > > >
    > > > > How about severe emotional distress!!!!!! He was separated for
    > > > > 2.5
    > > > > months
    > > > > and it was destroying him. EVERY time he heard a love song on the
    > > > > radio or
    > > > > saw my wife and I hug or kiss he broke down because he was
    > > > > separated
    > > > > from
    > > > > his wife. In an email from the consulate they specifically told
    > > > > him
    > > > > that
    > > > > this is NOT an issue, but now it is. There is NO reason to deny
    > > > > the
    > > > > visa.
    > > > > They REFUSED to look at the evidence. He could have had
    > > > > $1,000,000 in
    > > > > the
    > > > > bank and they didn't care to look at anything. This rejection is
    > > > > abloslutely unnecessary.
    > > > >
    > > > >
    > > > > > Again, what is the "criminal act" your attorney was talking
    > > > > > about?
    > > > > > It
    > > > > > sure wasn't the visa denial.
    > > > >
    > > > > When we get to talk to his attorney we will find out. As someone
    > > > > else
    > > > > said,
    > > > > they jsut make up their own rules as they go. They CLAIM to
    > > > > sechedule
    > > > > interview on a first come first serve basis, but she had to wait 4
    > > > > months
    > > > > while everybody else waited 2 WEEKS. They took EVERYBODY for an
    > > > > interview
    > > > > on Tuesday in the order they were in line. She was in the middle
    > > > > of
    > > > > the
    > > > > line and they called her LAST! What reason will they give next
    > > > > time?
    > > > > This
    > > > > is totally unnecessary! In order to quickly fulfill the fickle,
    > > > > abusive
    > > > > requirement he is forced to take any job that comes along jsut to
    > > > > get
    > > > > his
    > > > > wivfe to be with him where she belongs! There is absolutely NO
    > > > > reason
    > > > > they
    > > > > BOTH can not be here next week.
    > > > >
    > > > > This was for a I-129F-K3 visa. He will probably go ahead and
    > > > > process
    > > > > the
    > > > > I130 to bypass this harassment/discrimination.
    > > > >
    > > > > > --
    > > > > > Certified Specialist
    > > > > > Immigration & Nat. Law
    > > > > > Cal. Bar Board of Legal Specialization
    > > > > > Posted via http://britishexpats.com
    > > > I can understand your agitation, as a parent, witnessing a son who
    > > > is
    > > > having a difficult time. This is usually due to a feeling of
    > > > helplessness, but in this case your best approach would be to
    > > > comfort
    > > > your son by encouraging him to do what was recommended and be of
    > > > support
    > > > to him while he does. In the long run, although it might mean he
    > > > has to
    > > > leave his wife for a period of 3 or more months, it will prove
    > > > helpful
    > > > that he has time to put down roots, and be somewhat adjusted when
    > > > she
    > > > arrives. After all, she will not have employment right away, and
    > > > your
    > > > son will be saving a lot of stress which might impact both of them
    > > > from
    > > > being unsettled, once they are together.
    > >
    > >
    > > He has enough finances to last a year without a job. They will be
    > > living
    > > with us. We have more than adequate resources and income to support
    > > them
    > > until she is elligible to become a citizen. THEY REFUSE TO LOOK AT
    > > THE
    > > INFORMATION!!!!!!!!!!!!!!! In additoin, we are putting our vastly
    > > oversized
    > > house up for sale and buying both them and us a home, for me to move
    > > and
    > > attend college and them to build up resources to buy their own home,
    > > afterwhich that house will go up for rental property.
    > >
    > > He wants to get a job at a particular plant nearby. Without the
    > > unnecessary
    > > pressure from invented regulations from the interviewer he would be
    > > free to
    > > wait around and spend time with his wife until he gets on there. All
    > > he
    > > would need to do is wait. Now he is going to hinder his chances at
    > > that
    > > plant by taking any job that comes around just to get her here, IF
    > > they
    > > don't add new requirements after this one is fulfilled. They didn't
    > > look at
    > > ANYTHING she had. They already decided to reject her. What benefit
    > > will it
    > > be to her to take a job that makes you miserable? BTW, she is NOT
    > > going to
    > > have to work unless SHE wants to.
    > >
    > > > --
    > > > Posted via http://britishexpats.com
    > Not true. It's common knowledge -- at least on this forum --

Well then I guess it IS his fault for not checking this process out without
consulting you.

that
    > different consulates can have different requirements for the same visa
    > application. For instance, some consulates require the USC spouse to
    > provide their last 3 tax returns, while some only require the most
    > recent one. Some consulates have some pretty far-out requirements --
    > Mumbai Consulate comes to mind. My memory's rusty but I seem to recall
    > someone having trouble getting a K1 visa through Mumbai because she
    > didn't have any photos of her with her former husband's family (or
    > something to that effect).

Except that the last 3 tax returns are part of the STATED process. The
decision to ignore some written requirements is up to the consulate and
interviewer. Adding on a case by case basis, without due reason, is
understandable. Adding requirements without even looking at any evidence is
NOT ACCEPTABLE.

    > And inconsistency in requirements is not exclusive to US Consulates. The
    > same can be said for USCIS offices throughout the US. For example, many
    > (most?) USCIS offices require K1 visa recipients applying for AOS to
    > provide at least a vaccination supplement, while others require both the
    > supplement AND a new medical. Our local office (Norfolk VA) didn't
    > require either one. Go figure.
    > I don't get it. If your son has enough finances to go for an entire year
    > without a job, then why in the world does he even need a joint sponsor
    > to begin with??

INCOME!!!!!!

If he still had his job (terminated because he didn't return from his leave
of absence due ot gross lies from USCIS as to processing times) he would
have made more than enough to sponsor her himself.

    > And speaking of the sponsorship, you keep saying "we" when the PRIMARY
    > sponsor is NOT you, it's your son. And the fact that your son has been
    > in Nigeria for a significant period of time, does not have a job and
    > does not apparently need any income yet needs a joint sponsor definitely
    > seems odd.

You mess with my son, you mess with me and my wife.

Then you don't understand the words devotion and commitment. He is there to
protect her from her stepmother's mother, who issued death threats to both
Abigail and her sister. Her sister died in the hospital, despite shoing
progress. This woman was in the room when Abigail's sister died. With
Brian in Nigeria with Abigail she will not come around. Wiht Brian gone, it
is a possibility. I suggest you look up the workings of witchdoctors, very
common in Nigeria. Again, per USCIS, no separation would have been
necessary PER WRITTEN REGULATIONS

    > Like it or not, no one at the Consulate, USCIS or any government agency
    > -- even your son's immigration attorney -- is a fortune teller. It is
    > impossible to predict how long a particular visa process is going to
    > take for any particular individual, and it's unreasonable to assume that
    > a guess at how long it might take is set in stone. Because that's ALL it
    > is -- a guess.

They DO know how long is is presently taking. They told him 2-3 months for
a spousal visa and 4-6 months for a fiance visa. Everyone else receiving
interviews at that consulate is waiting 2-3 weeks for an interview. Why did
she have to wait 4 months? Why was everybody else taken according to their
position in line while she was last, but was in hte middle of the line?

    > So your son has a job that he's already got his eye on, and it sounds
    > like it's a sure thing, all he has to do is get back to the States and
    > apply for it. So what's the problem? Why does he have to take "any job
    > that comes around" -- why doesn't he just take THAT job??

He does not have an eye on a specific job, but on a specific plant to work
for and simply needs to wait until there is a position available. Depending
on the job he gets, he may not be in a position to apply (time factor).

    > Even if that's not an option for him, what's wrong with taking "any old
    > job" if it means getting his wife here sooner? Geez, that's what I did
    > to get my husband here, and many others have been in the same boat --
    > sometimes taking on second or third jobs to meet the requirements.

If the consulate would obey the regulations and not add to the written
regulations he would not have to do that. She has the required sponsorship
but they refuse to even look at the information.

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

Originally Posted by bionomique

Mike,

It is clear that the fiancé visa has not been denied. You should be aware that "totality of circumstances" is considered with the support issue. If you wish, you can consult the 9FAM 40.41 Notes, http://foia.state.gov/REGS/fams.asp?level=2&id=10&fam=0 which explains the public charge matter.

Originally Posted by Mike Dobony

He is only there to protect his wife from his father's stepmother's mother, who issued a death threat on her and her sister.

Originally Posted by Rete

I believe this person's son is going for an IR visa for his wife and not a K-1 for a fiancee.

Originally Posted by Rete

I believe this person's son is going for an IR visa for his wife and not a K-1 for a fiancee.

Originally Posted by Mike Dobony

She fled FOR HER LIFE to London on asylum. Her status in London was unstable. The UK allowed her to stay, but her asylum was still under process.

Originally Posted by Mike Dobony

INCOME!!!!!!

If he still had his job (terminated because he didn't return from his leave of absence due ot gross lies from USCIS as to processing times) he would have made more than enough to sponsor her himself.

Originally Posted by jeffreyhy

In which case the sponsor - Mike's son - needs to be domiciled in the USA, and the consulare officer needs to be convinced of that. If the young man is not domiciled in the USA then it makes no difference how much money the young man, Mike, or any other willing joint sponsor earns or has saved. None of that counts until the consular officer is convinced that Mike's son is domiciled in the US.

Originally Posted by meauxna

I've offered resources so you can find more effective ways of dealing with the situation, so you can see that raging and flailing isn't going to get you anywhere with Lagos,.. stories from people there on the ground who *have succeeded* there in hopes you'd glean some information, but you ignore reality. You'd rather argue all day than change anything about your outlook.

That's annoying.

Originally Posted by Jenney & Mark

I think that Mike is under the impression that the US government runs with a "customer-is-always-right" attitude. WRONG. The government is a slow, inefficient machine covered with red tape which spews out different, inconsistent answers depending on where it's located and who's operating the machine that day.

Mike needs to get it into his head that there IS no other option, there IS no competition to go to for a second opinion or a better deal. THIS IS IT. He also needs to realize that just because we are encouraging his son to do the same thing the consulate has told his son to do does NOT mean we know nothing about devotion or commitment (both of which I have been accused of lacking). We are saying, "Look, this is the last piece of the puzzle! No, it wasn't expected, but unfortunately these things happen. At least they weren't denied outright, she still has an opportunity to get the visa -- do whatever needs to be done to clinch that opportunity, don't let it get away!"

At this point it's just becoming a back-and-forth of arguing and ranting. His son is aware of what needs to be done; there's not much more we can say except reiterate what he's already been told. It just happens to not be the answer Mike wants to hear, so he chooses to put our words through a negative filter.

~ Jenney

Originally Posted by bionomique

I'd have to agree that Mike is reacting emotionally, and not thinking clearly.