CR1 Interview Denied

[josei27 5]

Visa denied for a second time.  first time they didn't think marriage was Bonafide. they said my husband would be a public charge. I recently added my niece to my house hold due to her being placed in emergency custody, is there something or someone we could contact  to talk to be able to get a second joint sponsor? or will we have to wait to appeal. that process is soo long. Can't we call the embassy to get a second opinion?

[Roel 7,192]

6 minutes ago, josei27 said:

is there something or someone we could contact  to talk to be able to get a second joint sponsor? or will we have to wait to appeal. that process is soo long. Can't we call the embassy to get a second opinion?

 

What do you mean get a second co-sponsor? You're suppose to present your co-sponsor paperwork during the process.

[geowrian 22,337]

What income/asset level is being claimed? What evidence of that income and/or assets did you provide? What's your household size?

The CO looks at the totality of the circumstances for the public charge concern.

 

You can use a different joint sponsor, assuming they are qualified. The refusal is not permanent...it can be overcome with a satisfactory I-864 convincing the CO that they will not become a public charge.

There's no "second opinion" involved really. All refusals go through a review, but I wouldn't expect anything there as the call is really the CO's determination.

[old-fella 109]

as far as i know, you have to wait for USCIS to get in touch with you. 

 

Anyone can be joint sponsor i.e. your family or friends. I don't think any stranger would want to be a joint sponsor as it means a lot of liability. So you should speak with your close circle of family or friends to find a joint sponsor who meets the requirement.

 

You should get the help of your congressman so that the case moves a bit faster. 

[josei27 5]

54 minutes ago, Roel said:

 

What do you mean get a second co-sponsor? You're suppose to present your co-sponsor paperwork during the process.

I live with someone else who brings in half the income and I submitted both of our paperwork, and by the guidelines we met the qualifications barely, however they determined it wasn't enough at the interview.

[josei27 5]

51 minutes ago, geowrian said:

What income/asset level is being claimed? What evidence of that income and/or assets did you provide? What's your household size?

The CO looks at the totality of the circumstances for the public charge concern.

 

You can use a different joint sponsor, assuming they are qualified. The refusal is not permanent...it can be overcome with a satisfactory I-864 convincing the CO that they will not become a public charge.

There's no "second opinion" involved really. All refusals go through a review, but I wouldn't expect anything there as the call is really the CO's determination.

i have read that some have requested during the interview to get a co-sponsor, but they didn't tell my husband that, it was just refused. my question is can we just submit a satisfactory new sponsorship, or do we have to wait for another process? such as for it to come back to the states and get denial letters and appeal?

[geowrian 22,337]

4 minutes ago, josei27 said:

i have read that some have requested during the interview to get a co-sponsor, but they didn't tell my husband that, it was just refused. my question is can we just submit a satisfactory new sponsorship, or do we have to wait for another process? such as for it to come back to the states and get denial letters and appeal?

The only time it gets returned to the US is when the petition is believed to be invalid. That happened for you previously due to the decision that the marriage was not bona fide, and therefore the I-130 was sent back to USCIS since they are responsible for the I-130.

For a refusal under public charge reasons, only the visa is refused but the petition remains valid. The refusal can be overcome with a sufficient I-864.

 

8 minutes ago, josei27 said:

I live with someone else who brings in half the income and I submitted both of our paperwork, and by the guidelines we met the qualifications barely, however they determined it wasn't enough at the interview.

I'm assuming you meant that you met the minimum qualifications to file an I-864. The CO makes the final call on the public charge concern based upon the totality of the circumstances, which can require that the income/assets be above the minimum income level for the household size.

It also means the income level and/or assets being used need to be properly documented & substantiated.

Edited June 21, 2018 by geowrian

[josei27 5]

3 minutes ago, geowrian said:

The only time it gets returned to the US is when the petition is believed to be invalid. That happened for you previously due to the decision that the marriage was not bona fide, and therefore the I-130 was sent back to USCIS since they are responsible for the I-130.

For a refusal under public charge reasons, only the visa is refused but the petition remains valid. The refusal can be overcome with a sufficient I-864.

 

I'm assuming you meant that you met the minimum qualifications to file an I-864. The CO makes the final call on the public charge concern based upon the totality of the circumstances, which can require that the income/assets be above the minimum income level for the household size.

It also means the income level and/or assets being used need to be properly documented & substantiated.

You are correct and AWESOME!! the minimum.  I became guardian of two minors this past year in which increased our house hold size, but  its temporary placement... So we can just send that (I-864) in or how do we go about submission after the interview? and to whom?

[geowrian 22,337]

2 minutes ago, josei27 said:

You are correct and AWESOME!! the minimum.  I became guardian of two minors this past year in which increased our house hold size, but  its temporary placement... So we can just send that (I-864) in or how do we go about submission after the interview? and to whom?

Yes, a new, qualified I-864 (plus supporting evidence) can be submitted. As for the steps on how to send it to the embassy in Ghana, I don't know...that's specific to that consulate. If you got a refusal letter, it should have instructions, but beyond that I really can't speak to specifics with the embassy, sorry.

[O&GForever 387]

5 hours ago, josei27 said:

Visa denied for a second time.  first time they didn't think marriage was Bonafide. they said my husband would be a public charge. I recently added my niece to my house hold due to her being placed in emergency custody, is there something or someone we could contact  to talk to be able to get a second joint sponsor? or will we have to wait to appeal. that process is soo long. Can't we call the embassy to get a second opinion?

If you don’t mind my asking, what questions was your spouse asked during the interview?

 

I don’t mean to be negative, but I find it hard to believe that if they were concerned solely about finances they wouldn’t have put you in AP and asked you to get a cosponsor. I’ve seen that a couple times recently from people going through the Ghana embassy. 

[josei27 5]

53 minutes ago, O&GForever said:

If you don’t mind my asking, what questions was your spouse asked during the interview?

 

I don’t mean to be negative, but I find it hard to believe that if they were concerned solely about finances they wouldn’t have put you in AP and asked you to get a cosponsor. I’ve seen that a couple times recently from people going through the Ghana embassy. 

I'm really not sure. I haven't really been able to have a full conversation with him without crying.  But I shall dig a little deeper. It was reaffirmed of not being bonafid. Now public charge. I do know he asked what can he do to over come this And the man said he wasn't the best person to answer that question and he shut the window.  And asked about the people on my tax return. That's all I remember right now. 

[OlayemiLoray 172]

Do you think the reason for denial because it has been 3 years since you last saw your husband? Ghana is a very difficult embassy and just like Nigeria, they take face time very serious..My only suggestion will be to get more face time in and maybe that will help..

[ishmeal 4]

I’m also facing the same issue too I was denied on public charge on 12 febuary 2018 I sent in new co sponsor I was refused still on public charge..but officer advice me to tell my wife to get attorney to help us so right now we got attorney working on my case.if I may ask do you get any government assistant.?

[CEE53147 559]

11 hours ago, josei27 said:

I live with someone else who brings in half the income and I submitted both of our paperwork, and by the guidelines we met the qualifications barely, however they determined it wasn't enough at the interview.

They suspect you will no longer live with the second person but with your spouse.

[Abies 1,713]

3 hours ago, OlayemiLoray said:

Do you think the reason for denial because it has been 3 years since you last saw your husband? Ghana is a very difficult embassy and just like Nigeria, they take face time very serious..My only suggestion will be to get more face time in and maybe that will help..

3years?