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serendipity9

overcoming public charge refusal

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Filed: K-1 Visa Country: Algeria
Timeline

I have read some instances here at various consulates of overcoming a k1 refusal for public charge, without refiling, once the petitioner was able to increase earnings. My fiance was refused 4 months ago because my income was insufficient and the CO would not accept our co-sponsor. The refusal worksheet did not mark section 221(g), only section 212(a)(4)was checked followed with the note that our case would be given further consideration if we provide a new I-134 and proof that petitioner is working full-time with sufficient income. I just started a new job and my income will exceed the 125% guideline for my household size, including my fiance. The worksheet didn't indicate a time within which the new proof had to be submitted (DoS said one year). There was also also no indication of minimum proof (e.g. certain number of months on the job/number of paystubs).

Would it be ill-advised to quickly send off the new I-134 with employment letter and 2 or 3 paystubs? Is it also possible that since four months have passed, the consulate could have returned the petition to USCIS without informing us? It didn't mention any intention of returning it on the refusal worksheet. I don't want to be hasty, but also want to resume some progress as quickly as possible in case refiling becomes necessary. Anyone?

Edited by serendipity9
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Filed: Citizen (apr) Country: Ireland
Timeline

If your employer is wiling to write a letter saying you are a permanent employee in god standing/ they expect your work there to last a long time, then I'd go ahead and send now. If you decide to wait, definitely stay in touch with the embassy every 3-4 months to tell them you are still interested in persuing the visa.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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