refusal

[mane 1]

I went for my interview for the first time and the consular officer asked me for a co sponsor because my wife was not making enough income. I submitted my uncles affidavit of support, but my uncle live in Maryland. I had my second interview and I was refused on section 212(a)(4) of INA act. Which prohibit the issuance of visa to an alien immigrant the consular deem will be of public charge. 

1. What I want to know now is, will my petition be returned to USCIS for revoke?

2. Do I have to start the process again from the bottom ?

3. How do I get this refusal remedy? Is there any form I need to fill? And do I have to deal directly with the embassy if I get a new sponsor?

[Crazy Cat 41,921]

Did they give a 221g slip asking for additional documents?

[TNJ17 1,329]

Which visa was it? Wait for the official letter in the mail but that does sound like a denial to me. If it was fiancé visa, you need to start from scratch and make sure you have a solid co-sponsor who makes enough money. If it was a spousal visa, you can appeal but if you’re financial situation is the same honestly don’t expect a different outcome. 

[mane 1]

Yes, they gave me 221g slip for the first time when I went for the interview asking for affidavit of support. That was December 2017. After submission of the affidavit and additional on 2 january 2018 I got an interview appointment on 16th august 2018. After the interview the consular handed over a refusal sheet to me quoting 221(a)(4) on grounds of been a public charge.

[mane 1]

Tnj17. Its a spousal visa, And I want to know if my documents will be send back to the states?

[mane 1]

The co sponsor I submitted is my uncle who makes more money above the poverty guideline. He makes 78k dollars annually . 

[Jojo92122 1,924]

No one can tell you why you were determined a potential public charge with your uncle as a Joint Sponsor.

 

To remedy this, you need to consult a good immigration attorney who can pinpoint why you were determined to be a potential public charge and come up with a plan to overcome it.  

[Ben&Zian 4,398]

Does this uncle live anywhere near where you will be living? Perhaps they thought because of the distance he would not be deemed a suitable co-sponsor. 

[mane 1]

The co sponsor I submitted is my uncle who makes more money above the poverty guideline. He makes 78k dollars annually . 

[mane 1]

Ben&zian. No my uncle lives in Maryland and I will be living in Florida if I should have been granted the visa.Could the distance have been a problem ?

[Ryan H 3,812]

2 hours ago, mane said:

Ben&zian. No my uncle lives in Maryland and I will be living in Florida if I should have been granted the visa.Could the distance have been a problem ?

 

Distance is not a factor.

[JFH 12,190]

18 hours ago, mane said:

The co sponsor I submitted is my uncle who makes more money above the poverty guideline. He makes 78k dollars annually . 

But how big is his household? Is he sponsoring any other immigrants? 

[mane 1]

Jhf, his household is 4 and he has once sponsored someone before.. And he makes 78k. 

[jdaveh 58]

Did anything happen with the immigrant he sponsored ?

 

[Unlockable 7,314]

53 minutes ago, mane said:

Jhf, his household is 4 and he has once sponsored someone before.. And he makes 78k. 

Was his previous sponsor just one person or a person with a family? You realize he may still be responsible for that sponsor so you have to include them?

 

For example, if it is one person he sponsoer before, he will need to make enough money for 6 people (his family of 4, the prevous sponsor, and you). 

If it was, for example, an entire family of 4 he sponsered before, then he would need to make enough money for 9 people.

 

Has your uncle made significant income for a consistent period of time or is it fairly recent. This is also taken into consideration. 

 

Another thing to consider is the fact that a CO isn't obligated to accept a sponsor that you provide. 

 

The best thing to do is to see if you can find another sponsor.