Approved I-130 but section 221 (g) got in it

J

jattboyz87

Registered Users (C)
Guys Let me explain everything from beginning:

I am a US citizen. I got married in Punjab India on Dec 20th 2009.
Base on their requirement i have to lived in India for minimum 90 days, So I submitted my petition in USCIS Office in New Delhi on April 14th 2010. after the waiting time period.

After 2 month requesting by email my wife schedule to interview on July 31st at 9am.
She got her medical done on July 17th 2010 in Ludhiana, Punjab.

She got her interview done on 31st & they said they will send her passport with visa with courier the time package arrived there were a letter in package that requested i-864, Tax Return & W2 again. so base on their letter i provided them everything. without my W2 form, Because i am self employee & i dont have W2 form so I wrote a letter with it to explain that. Also i added a Bank Reference letter & Bank Statement, Submitted everything to VFS center in Jalhender.

But now i got another letter from them it say:

We are unable to issue your visa at this time. Section 221(g) of immigration and Nationality act(INA) prohibits the issuance of a visa of anyone who has failed to present required documents or failed to meet the requirements of United States law or Regulations governing the issuance of a visa. The Following Remarks apply in your case:

Please provide the Documents which have been marked below.

Thanks for your submission, however I-864 submitted by you does not meet the poverty guidelines, you need to submit Original Form I-864 from a joint sponsor with a completed tax return form last year, and W-2 forms, (if the petitioner's income does not meet federal poverty guidelines) also include the joint sponsor's proof of US citizen or legal Permanent resident status.
Originally signed Form I-864A from the joint Sponsor's household member(s).

so guys please help me, i am applying this case by myself why i need a joint sponsor & form I-864A??
my wife is seriously depressed there alone. i need to get her here as soon as possible.

Please help me.
 
If your income is not over 125% of the poverty line, you will need a co-sponsor. A co-sponsor can be anyone and must be a USC.
 
jattboyz87 said:
Base on their requirement i have to lived in India for minimum 90 days,...
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That requirement is only if you do Direct Consular Filing. Instead of DCF, you could have filed the papers with USCIS in the US without ever having to spend a day in India.

Because i am self employee & i dont have W2 form so I wrote a letter with it to explain that.
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You should have sent 1099's. Or IRS tax transcripts.

You are self-employed, but apparently your work is not done in the US. That's where the problem lies. They want to see that you can support your immigrant spouse when both of you are living in the US; non-US employment doesn't demonstrate that.
 
citi786 said:
If your income is not over 125% of the poverty line, you will need a co-sponsor. A co-sponsor can be anyone and must be a USC.
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i am self employee in US. but part of time i was in india to get my marriage done.
so i didnt work... also i provided them a bank reference letter to them. where i am showing that i have enough cash to support her. In reference letter i showed about 150K Hard Cash.

what else i can do ????
 
Regardless of your income, $150K in cash is more than enough, if you don't have children or other dependents to support, and you are not going to live in Hawaii or Alaska. So either you did something wrong in the paperwork, or the consulate made a mistake.

Did you list the $150K cash on your I-864, and did you also include 3 months of bank statements showing the $150K?
 
Jackolantern said:
Regardless of your income, $150K in cash is more than enough, if you don't have children or other dependents to support, and you are not going to live in Hawaii or Alaska. So either you did something wrong in the paperwork, or the consulate made a mistake.

Did you list the $150K cash on your I-864, and did you also include 3 months of bank statements showing the $150K?
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i did put 150k in my I-864 & also i added 35K invested in Stock market. so far what i know i dont have any problem with my paperwork without a minor Interest Tax i forgot to put in my 2008 tax return. but that thing is already taken care of it.

But other thing i didnt added my last three month statement of my account with this I-864.

So what step i should take next ???
 
Submit another I-864, with the three bank statements, and a letter explaining that the $150K + $35K in the stock market is enough to surpass the poverty guidelines even without including your income or considering a joint sponsor.

Now if you have other dependents that would increase your household size to the point that $150K is not enough, or you're going to live in Hawaii or Alaska, that's another matter.
 
Jackolantern said:
Submit another I-864, with the three bank statements, and a letter explaining that the $150K + $35K in the stock market is enough to surpass the poverty guidelines even without including your income or considering a joint sponsor.

Now if you have other dependents that would increase your household size to the point that $150K is not enough, or you're going to live in Hawaii or Alaska, that's another matter.
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First thing can u please provide me sample or format of the letter what i am going to write to USCIS Officer.

i dont have any dependents or neither i am going to live in Alaska or Hawaii.

so that mean i am good to proceed from that letter with last 3 months tax returns. right ???
 
3 months bank statements showing the $150K, not 3 months tax returns.

I don't have a format for that letter and I don't think a specific format is required, other than the standard formatting for a business letter. But it should spell out the facts supporting your position ... you have $150K in bank xxxxxxxxxx, you know the minimum income is $X which is 125% of the poverty line for your household of two, and $150K is more than 5 times $X so your assets are sufficient to satisfy the poverty guidelines even without including your income or a joint sponsor, and the bank statements are attached.
 
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Jackolantern said:
3 months bank statements showing the $150K, not 3 months tax returns.
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sorry i just misspell.... i mean bank statements..

but other thing can u give me some kinda idea about that letter... how should i start that ? or point to put in that letter.

thanks so much.. you guys really helping me out in this matter.

thanks in advance for coming advices
 
jattboyz87 said:
come on guys help me in this case please
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Here is your help, "imagination is a simple exercise, only if we apply our minds to it"....Al Southner.

Dear Sir or Madam,

Good morning. Did you brush your teeth this fine morning? I hope you did, because this letter is going to wipe-off that toothpaste off your nice smile. I am resubmitting the attached documentation requesting the consulate to reopen the visa application for my spouse, name Ms. Nita Malhotra (her name here). I received a rejection letter from the consulate (copy attached), and believe the rejection was issued in error. The crux of the denial focused on my failure to have income surpassing US poverty guidelines, but I believe that I have sufficient income to adequately provide for my beneficiary and I have attached evidence hereforth.

. I have $150K in my savings account, which is 5 times the federal poverty guidelines
. I have 35K invested in stock
. I live in the state of (name of your state) and my monthly expenses are $1200.
. Attached copies of my bank statement for the last 3-4 months

I believe that I far exceed the federal guidelines which negates the need for a joint-sponsor for my wife. I am a small business owner (self-employed) and can sufficiently provide for my spouse without her becoming a public charge. I am available for a secondary interview in which I would be willing to discuss this matter with the consular officials.

Sincerely,

Sachin Tendulkar
 
can you tell me everything looks gud to submit this thing ???
I am available for a secondary interview in which I would be willing to discuss this matter with the consular officials.
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Do i really have to add this sentence in last paragraph in this letter ???


September 1st, 2010​

U.S. EMBASSY NEW DELHI
IMMIGRANT VISA SECTION
SHANTI PATH CHANAKAYA PURI
NEW DELHI 110021​

Subject: Resubmitting the attached documentation requesting the consulate to reopen the case

Dear Madam or Sir,

Good morning. I am (My Name), husband of (Wife's Name). I am writing this letter to you, because I am resubmitting the attached documentation requesting the consulate to reopen the visa application for my spouse, name (Wife's name). I received a rejection letter from the consulate (copy is attached with documents), and believe the rejection was issued in error, the crux of the denial focused on my failure to have income surpassing US poverty guideline, but I believe that I have sufficient income to adequately provide for my beneficiary and I have attached evidence here forth.
• I have $150K + in my saving account, which is 5 times the federal poverty guidelines
• I have 30k invested in stocks
• I live in the state of Texas and my monthly expenses are $1300
• Attached copies of my bank statement for the last 3 months & account average
• Attached original bank Reference Letter from local bank
I believe that I far exceed the federal guideline which negates the need for a joint sponsor for my wife. I am a small businessman (self-employed) and can sufficiently provide for my spouse without her becoming a public charge. I am available for a secondary interview in which I would be willing to discuss this matter with the consular officials.

Sincerely,
_______sign_______
My Name​
 
I have $150K + in my saving account, which is 5 times the federal poverty guidelines
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That should say "more than 5 times 125% of federal poverty guidelines"

I have 30k invested in stocks
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If you're going to mention this, you should also attach a recent brokerage account statement.

I live in the state of Texas and my monthly expenses are $1300
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Don't include this. They just need to know your assets, not your expenses. Don't give them another thing to nitpick. $1300/month doesn't look believable for someone who has over $150K in assets, and it's below the 125% poverty guideline so that makes it even less believable. Even if it's true for you, you'll unnecessary hurt your credibility by including this.

You should also attach a copy of the I-864 which you already sent. If attaching the copy, mention that it is a copy of the I-864 was already submitted. Otherwise if you don't have a copy of it, fill out a new I-864 and say in the letter that you've attached a new I-864.
 
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I see Jack's point about adding a line about expenses, it doesn't add anything of great significance to your case. Remember that my draft was just that, "draft". You don't have to include that you are willing to be there for a secondary interview, but be prepared in case US Consulate want to touch your beard in person there with your spouse. If your spouse is an emotional wreck in India due to failure to be with you here in Texas, I would assume traveling to India to help fight the US Consulate for her visa would be small potatoes. You need to get your woman here before the fall, or you might freeze your balloons in the cold winter...lol!!
 
Final questions:

I got all this document collected & ready to mail, please advice if anything else needed to be edited in this.
here is list of Documents:

1. Resubmitting the Attached Documentations Letter
2. New I-864 form
3. Last 4 months bank statements
4. Reference letter from Local Bank with Balance
5. Last year Average balance in my Saving account.
6. Transaction History of my account from last 1 year.(optional)

if any of this need to be taken out or attach another document. please suggest me.
 
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