QUESTION

What can we do if my fiancé had his k1 visa interview and he was refused because the officer thought he was likely to become a public charge?

Asked on Sep 23rd, 2012 on Immigration - Texas
More details to this question:
Well me and my fiancé filed a petition for k1 visa and my fiancé who is in Pakistan had his interview on 20th September 2012. The interview went very well but at last the consular officer put these sections on our case. 1. Section 221 (g) which prohibits the issuance of visa to anyone whose application doesn’t comply with the provisions of the immigration and nationality act or regulations issued pursuant thereto. The following remarks apply to your case:*Before a visa can be issued, your case requires additional administration processing, we will notify you when the review is complete, as it may take several months to complete. It’s your responsibility to keep the embassy updated pf any address or phone number changes for you. And contact every three months to ensure your case is moving forward. 2. Section 212(a)(4) which prohibits the issuance visa to anyone likely to become a public charge. And I just graduated from college and looking for job but my mother who is cosponsoring my fiancé works and make 125% money per year. But they said that we do not allow cosponsor in k1 visa. In order to overcome this she has to prove that I can support him. I’m worried to death. But there are a lot of other couples who are having cosponsor in their case and the consular officer didn't say anything about their cosponsor. Is there anything I can do besides getting a job because even if I get a job, we still have to wait 3 more months to provide pay stubs and other documents about my job?
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3 ANSWERS

If the officer requested additional financial evidence, you need to provide it to counter the presumption of the public charge.
Answered on Oct 01st, 2012 at 11:58 PM

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Bruce A. Coane
Yes, there are many ways you can try to reverse that decision. Get a job, get a co-sponsor, file a lawsuit, complain to Washington, etc.
Answered on Sep 27th, 2012 at 4:38 PM

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Immigration & Naturalization Attorney serving Olympia, WA at Seifert Law Offices PLLC
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"Administrative processing" means the case is under review for some reason. They do not have to tell you why. Its not a good sign. The other matter is one you will have to solve . I recommend you meet with an immigration attorney to figure out your options to prove adequate income and/or support.
Answered on Sep 27th, 2012 at 4:38 PM

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