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Rejection of H4 visa under 212(A)(4)
- Thread starter getit7
- Start date
Details
Yes it is H4 first time.
My first query was 212(A)(4), that was because my W2 has less than what is in LCA.
So i have replied it with my bank statement, current pay checks and a cover letter stating how i can support her and mailed all the papers.
Then they have replied and put another query under 221(g) and asked
1. Complete 2003 pay stubs
2. Explanation from petitioner/employer why my income was low than standards in 2003.
I have replied after 3 months with my 2004 W2 which is way above the standards, all 2003 paychecks and an explanation that i was under training for some period in 2003.
Then they asked my wife to come to consulate for interview. After review they said to re apply with a new application explaining how she will not become a public charge or why my income was low in past and rejected under 212(A)(4).
Is there any time limit for reapply. Should i reapply by mail or take an appointment?
Yes it is H4 first time.
My first query was 212(A)(4), that was because my W2 has less than what is in LCA.
So i have replied it with my bank statement, current pay checks and a cover letter stating how i can support her and mailed all the papers.
Then they have replied and put another query under 221(g) and asked
1. Complete 2003 pay stubs
2. Explanation from petitioner/employer why my income was low than standards in 2003.
I have replied after 3 months with my 2004 W2 which is way above the standards, all 2003 paychecks and an explanation that i was under training for some period in 2003.
Then they asked my wife to come to consulate for interview. After review they said to re apply with a new application explaining how she will not become a public charge or why my income was low in past and rejected under 212(A)(4).
Is there any time limit for reapply. Should i reapply by mail or take an appointment?
bhand11683
Registered Users (C)
did you get the H-4 visa finally
great guru
Volunteer Moderator
getit7 said:Does any one know how we can show that my dependent will not become public charge under 212(A)(4) ?
If your income is more than 125% of the poverty line of the state where you work. From state department you can find out state's poverty line for 2 member family. Around approximately 20 -24 K.
getit7 said:Does any one know how we can show that my dependent will not become public charge under 212(A)(4) ?
Go to http://aspe.hhs.gov/poverty/05poverty.shtml
Last edited by a moderator:
212(a)(4) Public charge
Hi!
Call me crizz for short and I am from Philipines. I also got the same rejection 212(a)(4) for my k3 Immigrant visa application coz my husband is currently unemployed due to bad economy in america but before he is a real state broker. The day I received the refusal under 212(a)(4) I informed my husband right away in US and he was so upset just like me, he told me to call the call center and ask some info what to do about it.... then i called and talk to an agent and she told me to send a fax letter to the consulate stating that i still want to pursue the case. I was so hopeless, I cried and cried but i dont want to give up on this cause I know very much that Lord Jesus is with to Help me with this. After 2 weeks since i sent the fax letter, I recieved an email from them.. I was so happy and really thankful to God cause they answered my letter and they told me what documents i need to submitt at the embassy, they also said that when ever i got those documents i can go to US embasyy from monday to thursday between 1 to 2 pm. I was really really happy. Now my husband is already working for those documents that they are asking and he also consulted an attorney for our case. Hopefully he can complete the papers with in this week then I will go to US embassy to submitt then as additional documents. So guys Pls. dont give up if you were refused under 212(a)(4) cause this is just a test for us to overcome. Trust in The Lord Jesus instaed cause He said that nothing is hard to Him. Jesus can make things possible. Just have faith to God and you will succeed.
Here is the Letter that they sent me... I hope this can help you, Godbless you all in here.
Dear Ms.Quinn:
This is in reply to your inquiry of April 6, 2010, regarding your visa case.
You were refused a visa on March 17, 2010 under Section 212(a)(4) of the Immigration and Nationality Act (INA) because the petitioner's documented financial situation did not provide adequate assurances that you would not become a public charge if allowed entry into the United States.
The petitioner is currently unemployed and has been living with his parents. After a careful review of the totality of the petitioner's circumstances, the adjudicating consular officer determined that you would be unable to overcome the potential public charge issue without significant changes to the petitioner's financial situation.
We may consider the petitioner's assets to make up for any shortfall in his income. The assets may include, but are not limited to: (1) bank accounts showing sustained balance over time, (2) stocks and bonds indicating present cash value or expected earnings, and (3) personal property ownership and real estate investments in the form of a title deed or equivalent or certified copies. The assets must be available in the United States and must be readily convertible to cash within one year. However, if the income from these assets is derived from sources outside of the United States, a statement must be provided as to how the income is to be transferred to the U.S.
If you are able to present any credible evidence from the petitioner to overcome the public charge concerns, you may do so at the Embassy's Immigrant Visa Unit (Windows 17 to 20) any workday (except Friday), between 1:00 p.m. and 2:00 p.m., for review.
Sincerely,
Immigrant Visa Correspondence Unit
Consular Section
U.S. Embassy, Manila
1201 Roxas Boulevard
Manila, Philippines
Telephone: (632) 301-2000
Fax: (632) 301-2591
THIS E-MAIL IS UNCLASSIFIED AS DEFINED IN EXECUTIVE ORDER 12958
/agd
Hi!
Call me crizz for short and I am from Philipines. I also got the same rejection 212(a)(4) for my k3 Immigrant visa application coz my husband is currently unemployed due to bad economy in america but before he is a real state broker. The day I received the refusal under 212(a)(4) I informed my husband right away in US and he was so upset just like me, he told me to call the call center and ask some info what to do about it.... then i called and talk to an agent and she told me to send a fax letter to the consulate stating that i still want to pursue the case. I was so hopeless, I cried and cried but i dont want to give up on this cause I know very much that Lord Jesus is with to Help me with this. After 2 weeks since i sent the fax letter, I recieved an email from them.. I was so happy and really thankful to God cause they answered my letter and they told me what documents i need to submitt at the embassy, they also said that when ever i got those documents i can go to US embasyy from monday to thursday between 1 to 2 pm. I was really really happy. Now my husband is already working for those documents that they are asking and he also consulted an attorney for our case. Hopefully he can complete the papers with in this week then I will go to US embassy to submitt then as additional documents. So guys Pls. dont give up if you were refused under 212(a)(4) cause this is just a test for us to overcome. Trust in The Lord Jesus instaed cause He said that nothing is hard to Him. Jesus can make things possible. Just have faith to God and you will succeed.
Here is the Letter that they sent me... I hope this can help you, Godbless you all in here.
Dear Ms.Quinn:
This is in reply to your inquiry of April 6, 2010, regarding your visa case.
You were refused a visa on March 17, 2010 under Section 212(a)(4) of the Immigration and Nationality Act (INA) because the petitioner's documented financial situation did not provide adequate assurances that you would not become a public charge if allowed entry into the United States.
The petitioner is currently unemployed and has been living with his parents. After a careful review of the totality of the petitioner's circumstances, the adjudicating consular officer determined that you would be unable to overcome the potential public charge issue without significant changes to the petitioner's financial situation.
We may consider the petitioner's assets to make up for any shortfall in his income. The assets may include, but are not limited to: (1) bank accounts showing sustained balance over time, (2) stocks and bonds indicating present cash value or expected earnings, and (3) personal property ownership and real estate investments in the form of a title deed or equivalent or certified copies. The assets must be available in the United States and must be readily convertible to cash within one year. However, if the income from these assets is derived from sources outside of the United States, a statement must be provided as to how the income is to be transferred to the U.S.
If you are able to present any credible evidence from the petitioner to overcome the public charge concerns, you may do so at the Embassy's Immigrant Visa Unit (Windows 17 to 20) any workday (except Friday), between 1:00 p.m. and 2:00 p.m., for review.
Sincerely,
Immigrant Visa Correspondence Unit
Consular Section
U.S. Embassy, Manila
1201 Roxas Boulevard
Manila, Philippines
Telephone: (632) 301-2000
Fax: (632) 301-2591
THIS E-MAIL IS UNCLASSIFIED AS DEFINED IN EXECUTIVE ORDER 12958
/agd