how screwed we are?

[HollywoodNorth 22]

They can totally deny it... It's not unusual for them to ask for more requirements in my experience.

eb-1 usually requires to meet as many criteria points as possible, in my opinion 3 or 4 is the bare minimum. I work in the film industry and considered going the eb-1 route myself about 3-4 years ago instead of waiting for my family based green card and my attorney couldn't guarantee a positive outcome even though I met 7 out of the 10 requirements.

To prove high salary, you can show income that is higher than the usual prevailing rate for that job. Question is, is there statistics for for Tattoo artist? Probably not, but you can look up salaries for graphic artists and designers, and use that as a baseline. Art is art, in your case it's pigment on organic tissue vs film or canvas.

http://www.bls.gov/oes/current/oes271024.htm

Was any of your husbands artwork featured in any sort of magazines? You can submit those articles/photos as publications and get another box checked off on the criteria list.

I'd look at submitting tax paperwork as proof of income.

[kzielu 1,149]

I think the issue he doesn't have any tax return documenting it - and if that's the case, it's way bigger issue of not paying taxes than anything else.

[goblin 26]

Can you give an update on your case please? Could you resolve the issue with the consular and get the case approved?

[Petricia 3]

Can you give an update on your case please? Could you resolve the issue with the consular and get the case approved?

hello, well unfortunately not , consular sent it back and we had to replied to NOIR, our lawyer made a quite big noise about consular speculations about high salary( you have to base your petition on high salary if you want to meet a criteria, if we would did so he would have a right to ask for papers, but we never based our petition on high salary so it was a clear speculation from him and we clearly explained it.. he also asked for some other irrelevant documents which are not requirements at all in eb1, but i slovakia we were first people ever with eb1 so I guess he had no idea haha..

[goblin 26]

Thanks for your update.

Very hard to tell what is going on from the information you provide, but first of all COs can certainly do mistakes as well and not be totally trained in all aspects of the law since it is a very wide field. If you passed USCIS and your I-140 was approved that can certainly be without the criteria of high salary compared to others! The 2 step evaluation process requires minimum 3 out of 10 criteria and an overall merit.

My assumption here, and I am not a lawyer myself, is that his decision has something to do with passing the bar of public charge also in regard that your husband is also including you as a beneficiary to the petition to receive a visa as his spouse? Even though the EB1A does not need to have a job offer or affidavit of support you still have to pass the burden to demonstrate you can financially support yourself and your wife/ family in he US.

All the factors that play a role are described here:

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

If the info is correct, but without any accusation, that your husband has no tax returns for his biz as a freelance worker that might also rise a red flag for the officer in terms of not enough proof for financial stability or even fraud.

Hope it gets resolved to your advantage if it was a mistake by the consular.

[Petricia 3]

Thanks for your update.

Very hard to tell what is going on from the information you provide, but first of all COs can certainly do mistakes as well and not be totally trained in all aspects of the law since it is a very wide field. If you passed USCIS and your I-140 was approved that can certainly be without the criteria of high salary compared to others! The 2 step evaluation process requires minimum 3 out of 10 criteria and an overall merit.

My assumption here, and I am not a lawyer myself, is that his decision has something to do with passing the bar of public charge also in regard that your husband is also including you as a beneficiary to the petition to receive a visa as his spouse? Even though the EB1A does not need to have a job offer or affidavit of support you still have to pass the burden to demonstrate you can financially support yourself and your wife/ family in he US.

All the factors that play a role are described here:

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

If the info is correct, but without any accusation, that your husband has no tax returns for his biz as a freelance worker that might also rise a red flag for the officer in terms of not enough proof for financial stability or even fraud.

Hope it gets resolved to your advantage if it was a mistake by the consular.

public charge would not be a problem,we have bank accounts(both of us) that shows that we have enough money to support ourselves, but thank you i hope we will be reaffirmed very soon

[Petricia 3]

public charge would not be a problem,we have bank accounts(both of us) that shows that we have enough money to support ourselves, but thank you i hope we will be reaffirmed very soon

Thanks for your update.

Very hard to tell what is going on from the information you provide, but first of all COs can certainly do mistakes as well and not be totally trained in all aspects of the law since it is a very wide field. If you passed USCIS and your I-140 was approved that can certainly be without the criteria of high salary compared to others! The 2 step evaluation process requires minimum 3 out of 10 criteria and an overall merit.

My assumption here, and I am not a lawyer myself, is that his decision has something to do with passing the bar of public charge also in regard that your husband is also including you as a beneficiary to the petition to receive a visa as his spouse? Even though the EB1A does not need to have a job offer or affidavit of support you still have to pass the burden to demonstrate you can financially support yourself and your wife/ family in he US.

All the factors that play a role are described here:

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

If the info is correct, but without any accusation, that your husband has no tax returns for his biz as a freelance worker that might also rise a red flag for the officer in terms of not enough proof for financial stability or even fraud.

Hope it gets resolved to your advantage if it was a mistake by the consular.

I think the issue he doesn't have any tax return documenting it - and if that's the case, it's way bigger issue of not paying taxes than anything else.

They can totally deny it... It's not unusual for them to ask for more requirements in my experience.

eb-1 usually requires to meet as many criteria points as possible, in my opinion 3 or 4 is the bare minimum. I work in the film industry and considered going the eb-1 route myself about 3-4 years ago instead of waiting for my family based green card and my attorney couldn't guarantee a positive outcome even though I met 7 out of the 10 requirements.

To prove high salary, you can show income that is higher than the usual prevailing rate for that job. Question is, is there statistics for for Tattoo artist? Probably not, but you can look up salaries for graphic artists and designers, and use that as a baseline. Art is art, in your case it's pigment on organic tissue vs film or canvas.

http://www.bls.gov/oes/current/oes271024.htm

Was any of your husbands artwork featured in any sort of magazines? You can submit those articles/photos as publications and get another box checked off on the criteria list.

I'd look at submitting tax paperwork as proof of income.

Hey guys, so update after we submitted our NOIR rebuttal on 23rd of may, we got reaffirmed on 26th of august thank god! our lawyer made quite big noise in our rebuttal about consular speculation and uscis understood because of reaffirmal, and btw we met 4 from 10 requirements so when you have a strong case you dont need to meet that much, minimum is 3 :-) thank you

[goblin 26]

Thanks for the update and good to hear you got it re-approved by USCIS... so what was the reason for the initial denial from the consulate? Dont they explain it in the NOIR letter?

[Petricia 3]

yes we received noir with 6 points from which 5 were totally unimportant to our case haha. like- provide letters along with pictures of a tattoos from famous people that were tattooed by petitioner- really? if you know 10 criteria qualifications that are important for eb1 this one is not even close lol so we just wrote a letter(our lawyer) about how ridicolous this point is. another one was- my husband won around 56 1st places in national tattoo conventions around the globe in last year including USA, germany,canada,etc but he didnt win any in our country just because- we have like one convention a year here with like 10 artists so its not worth to go when he is competing with like 500 artists at conventions so it means something too and consular wrote that he should provide something that he won also in his home country(again not important) and of course her main problem was with job letter from his previous employer with salary on it and she wrote that she wants him to provide proof that he is famous artist by providing salary- lawyer again argue that we never based his petition on high salary and that when we didnt claim his high salary in the petition,just on 1 job letter that it is not important for his petition,since he fully meets 4 criterias that we claimed in this petition, I dont remember the other points but they were all kinda ridicolous,just for one that made sense where she wanted to see more magazine interviews with him because we only provided about 5 , so we sent them another 10

[goblin 26]

Anything in regards of credentials and overall evaluation of your case as being "extra ordinary" is done by the USCIS. What is in your NOIR is usually to be in a RFE or NOID. So indeed very surprising to receive that at this stage far into the process. It seems your consulate doesn't handle those type of cases often and gave it more adjudication then supposed to.

About the salary issue it is still unclear to me why you could not provide any tax records of your husbands work? Even being paid in cash he still would have to file an annual tax report, otherwise creating the impression of illicit work. I am fully aware on how a EB1 application works and that you don't have to meet the requirement of "high salary" out of the 10 criteria if you otherwise meet 3 and pass the overall merit. Expecting "you are famous, So you must be rich!" would clearly be false.