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H4 - F1 RFE - " Ability to Pay "

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  • H4 - F1 RFE - " Ability to Pay "

    Hi All ,

    Received RFE on Nov18 for paper submission on Jul 05 Vermont Service Center

    Background-

    My wife started her studies at Tier 1 university in Jan and we applied for H4-F1 visa conversion in July. College took initiative and we followed their steps for application process.As part of it we submitted all the required documents. Coming to sponsorship my wife's parents are primary sponsors and added myself as secondary sponsor but with no affidavit of support ( Probably a mistake here - College did not want me to do it).

    So financial documents we submitted as per college guidelines are -

    1.Graduate school financial certificate signed off by Bank officials and my wife's parent's stating that 40000$ will be available for her course of
    study.
    2. Bank letter provided by me ( Spouse H1-B) with available balance of 5000$ .

    Along with these all other required documents for application process were submitted.University first year expenses listed on I-20 is 30,000$ +. We had all documents with us like bank statements and Fixed Deposits but unfortunately college did not accept it saying it will confuse them.

    RFE - Nov18

    "The documentation submitted does not clearly establish that you will have the necessary funds of 30,000+ immediately available to pay for your first year of tution and living expenses. A bank letter or simple statement will not suffice and should be supported by additional documentary evidence.

    Please submit evidence that you have immediate funds available to pay for your tuition and living expenses for first year of study as indicated on your SEVIS certificate of Eligibility for Non Immigratnt student status such evidence includes but not limited to:

    money in checking or savings account ( statements should include all transactions ).
    -other cash assests or
    - affidavit of support from sponsor."

    Question -

    1. My wife parents have genuine FD's amounting 40000$ and willing to convert to liquid cash in savings or checking to show the proof but not sure if this is necessary . Are FD's considered as liquid cash or cash assets as mentioned?. We are anyhow planning to to convert them and make them available to bank but will that make any difference?.

    2. Here is list of evidence i'm planning to submit - Are these proof evidence good enough?.

    My wife''s parent's affidavit of support , bank letter and bank statements amounting to 40000$ and FD's worth of YYYY $.
    My ( Spouse -H1 B) affidavit of support , bank letter and bank statements amounting to 10000$.

    We have required amount to support her studies and show the proof but for some reason ( probably not providing bank statements and affidavit of support from me ) had an impact for creating RFE.

    I will appreciate any feedback as soon as possible. We are planning to approach attorney to keep things clear and straight.If anyone know of good attorney could you provide their email address or contact number?.

    Thank you

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