H4 Refusal - Please Help

[srb5588]

I have a income of 19K for the year 2004. They say that I have low income whereas My H1 started on October 1 st, 2004. (Before that I was on F1.)
When you take the 3 month period into consideration , my income was above LCA. The Consular Officer saw the income on my Income tax return and refused Visa under 221(g) asking explanation. The second time, I wrote a letter explaining my earnings but still the officer(unfortunately, the same lady)
refused Visa under 212(A)(4).(which is another section , they can use when you have low income, not much difference) and this time asked to reapply by submitting the fees again. I am stumped here.

I would appreciate if anybody could suggest on how to proceed.

[veena_swsh]

Hi,
If your spouse was not given a 221(g), then I am afraid she will have to get a new appointment. This is very peculiar that inspite of your letter they quoted the "public charge" section. This time equip her with a letter from the employer also and most importantly, your spouse should be able to explain the situation verbally. The VOs somehow do not pay much heed to docs.

[yogkc]

Hello veena,

My wife visa (H4) was denied under section 212(a)(6)(c)i - fradulent documents, what option does she have left now?

Thanks in advance.

[srb5588]

Hello Veena,

Thanks for your reply.

The employer already gave me the letter which describes my current as well as past projects. I already wrote a letter which explains my earnings. Do you mean that I should get another letter from my employer which says that my income was above LCA during 2004.

I am having the second thoughts of going through an attorney as we have provided enough letters and apparently my wife explained things to them saying that I was on F1 before Oct 1, 2004.

In case it is advisable to go with an attorney, how much does the choice of attorney matter.

Thanks
Sudheer

[veena_swsh]

Hi Sudheer,
You should get the letter from the employer mentioning that for the period you did receive the pay, it was well in accordance with the LCA. In my opinion, your wife should be counselled on the most apt words to be used to explain the situation, besides telling her to brief the entire facts to the VO at some point during the interview even without being asked. If you should hire an attorney, please do it where your wife is to attend the interview and not in the US. As far as I have seen the immigration attorneys in the US are not familiar with the local trends at the consulates in INDIA.
All the best.

[yogkc]

veena, any suggestion?

[veena_swsh]

veena, any suggestion?

Hi,
You need to give more details about what exactly was ****/appeared to be **** or fraudulent. I think you should hire an attorney where your wife resides and try to overcome the situation.

[yogkc]

Thanks for your response Veena.

My wife had applied for F1 visa about 18 months ago. She was single at that time. She went to apply for H4 visa in May with the marriage certificate and my H1 documents. They said they need to do more inquiry, after 2 months they denied her with section 212(a)(6)(c)i. And the interviewer stated it was regarding her Class 12 certificate when she applied F1 visa in 2004. She had given her Class 12 exams on Year 2000.

She was completely shock with the decision and didn't know the reason behind it. She thought it would be easy to prove since she had the original certificate stating she had PASSED the exams. She went to the Education Ministry to verify her certificate instead they told her that there could be a problem with her certificate. After 2 months of hassle at the officer told her that She was indeed failed on 1 subject but had sent wrong Certificate stating she was passed. To our dismay the education ministry office is not willing accept their mistake and refused to write a letter stating that they sent her errored certificate. While she applied for F1 visa in 2004, She was studying Bachelors in Business Adminsitration with the same certificate.

What option do we have left now? We are suffering becuase of someone else didn't do their job. I hope to get your opnion regarding our case.

i really appreciate your help regarding this.

Many many Thanks!!!

[veena_swsh]

Thanks for your response Veena.

My wife had applied for F1 visa about 18 months ago. She was single at that time. She went to apply for H4 visa in May with the marriage certificate and my H1 documents. They said they need to do more inquiry, after 2 months they denied her with section 212(a)(6)(c)i. And the interviewer stated it was regarding her Class 12 certificate when she applied F1 visa in 2004. She had given her Class 12 exams on Year 2000.

She was completely shock with the decision and didn't know the reason behind it. She thought it would be easy to prove since she had the original certificate stating she had PASSED the exams. She went to the Education Ministry to verify her certificate instead they told her that there could be a problem with her certificate. After 2 months of hassle at the officer told her that She was indeed failed on 1 subject but had sent wrong Certificate stating she was passed. To our dismay the education ministry office is not willing accept their mistake and refused to write a letter stating that they sent her errored certificate. While she applied for F1 visa in 2004, She was studying Bachelors in Business Adminsitration with the same certificate.

What option do we have left now? We are suffering becuase of someone else didn't do their job. I hope to get your opnion regarding our case.

i really appreciate your help regarding this.

Many many Thanks!!!

Hi,
As far as the consular officer is concerned, misrepresentation or fraud in any way makes the candidate ineligible for any kind of visa to the US. The onus of proving that there was no fraud involved, lies with you. You should really think on the lines of getting some letter from High Authority in India and see to it that the allegation is cleared. And you should project that as a legally married wife, she has the legal right to join her spouse in the US on a H4. Good things about the present job needs to be highlighted. I am not sure though how you are going to go about it.

[yogkc]

Hi,
As far as the consular officer is concerned, misrepresentation or fraud in any way makes the candidate ineligible for any kind of visa to the US. The onus of proving that there was no fraud involved, lies with you. You should really think on the lines of getting some letter from High Authority in India and see to it that the allegation is cleared. And you should project that as a legally married wife, she has the legal right to join her spouse in the US on a H4. Good things about the present job needs to be highlighted. I am not sure though how you are going to go about it.

Veena, Thanks for your response. I am from Nepal not India, just wanted to clarify.

I understand that my wife has to prove that it was not her mistake regarding her school certificate. She is still trying hard to get the letter from the Education Ministry office... She has made an appointment with the Senior Officer, hopefully they will be able to give her the letter stating their mistake.

Thanks again for your suggestions.

[srb5588]

H4 Refusal 221(g)

Hi Veena,

My wise's Visa was refused again under 221(g). This time for the reason that
the address on paychecks is different from the address on my bank statements. ( I am getting a letter from my company that they did not update the Payroll company with my change in address and that it did not affect my getting paychecks as the payroll company sends the checks to my company and my company in turn personally handovers the paychecks to me or mails it to my address.)

At the end of interview, they also checked the box on 221 g
which asks for a details and description of my current project. My wife has the letters given by my company and the client about the current project and when she said that she had them, the VO said that as anyways she is going to come again to explain the difference in address , she is gonna look into those letters then. I guess this is kind of INSANE!!

Thanks for all your help,
Sudheer.

[srb5588]

The questions they asked are

question 1)
Why is the address on paystub different from address on Bank Statements.

question 2) Please explain where husband lives and works

question 3) They want
A detailed and specific description of the internal development project to which the beneficiary will be assigned. Include a complete technical description of the project, timeline, current status, number of employees assigned to it, location of the worksite, and a marketing analysis of the final product.

Among my other concerns, my main concern is about Question 3. I work in a client based consulting company(which is small with 5 employees). My current project is with Client A and I work at Client A location and I am the only employee from my company who is assigned to this project.

My other concern is the end client is different( Client A is executing the project for Company ABC and I donot interact with Company ABC. The letter which Client A gave me states that the project is for Company ABC and it is very likely that they will ask a supervisory reference from Company ABC which is not possible in my case.)

Thanks for your time,
Sudheer.

[veena_swsh]

As you have rightly said they will ask you for a reference letter from the end client. If you cannot get it, you should just ask the client of your H1B sponsor to give a letter stating all other details of the project without mentioning the end client's name. Or if you can get the official contract (or any communication) between your employer's client and his end client, that should be able to replace the letter from the end client itself. I hope you understand what I mean. What is of utmost importance is brief your wife on these issues. Any innocent misrepresentation, and the Visa Officers will harp on it. Make sure that your wife first clearly understands the case before she chooses to go to the consulate again. Try to gather a good bank balance and reassert that you are well-paid now.

All the Best. Keep us posted.

[bunny]

h4-adminstrative process

hi srb5588,
i have seen ur querys.i went to chennai consulate for h4 visa on 30th november.they gived me 221(g) form stating that adminstrative process,and they have taken my all documents except passport,dd.
2 weeks overed no call from them,when ur wife went to consulate,was she also got same 221(g)(adminstrative process).from how long is she waiting?
iam waiting for reply

[srb5588]

221 (g) Admin Processing

Bunny,

You kind of misunderstood me. The inital 221(g) issued to my wife does not read
Admin Processing. It asks for detailed current project description (they checked the appropriate check box) and they hand wrote ' Explain why the address on pay stubs is different from that on bank statements.'

I explanied that and then when she went to the Interview, they gave her a 221(g) which looks different than the one I mentioned above and it says the
Visa is under Admin Processing. The VO took the Passport of my wife, DD, the explanations to the previous 2 queries we provided(Letter explaining the difference in the address and the letter from the client I work for currently)

Today my company got a call , they talked for only 3 seconds, they asked if I work there.

We are anticipating a call at the client's place.

It's been only a couple of days since the Interview. So I am keeping my fingures crossed.

How abt your case. Did they tell the same crap to you ' That you will get Visa
within 2 weeks'. Please let me know.