Consulate is wrong I proved enough income

[Michael2017 368]

Did you list 2018 income in your AOS form or 2017 as your most recent income year?

Edited January 16, 2019 by Michael2017

[geowrian 22,337]

1 minute ago, Chris&Ale said:

If they are married, I think they do have the right to appeal.

Doesn’t matter if married or not. This is only a visa refusal, not a petition being returned to USCIS.

 

That said, the public charge issue is at the CO’s discretion. It’s not even subject to a lawsuit due to the doctrine of consular non-reviewability. One can try to appeal at the embassy, but honestly that’s not likely to do anything. It’s better - IMO - to overcome the reason for the refusal (either via satisfactorily showing a sufficient income/assets for the CO, or via a joint sponsor).

[Ash.1101 1,756]

Do you have any life circumstances that would lead them to believe you may be struggling financially? A disabled child or family member you take care of? Living with family because rent is high in the area? Anything that may make them believe that even though you make the threshold that it may not be enough to secure support for your spouse?

We had this happen in the K-1, but it was because even though my mother made over the limit for years to cosponsor my fiance at the time, I wasn't working and I had a daughter to take care of that is special needs. We were asked to provide a second cosponsor as insurance. While we met the technical requirements, consular discretion was put into play due to my situation.

Edited January 16, 2019 by Ash.1101

[payxibka 10,045]

There is a recent example (different consulate) similar fact pattern.  

They submitted the Affidavit.

The applicant had the updated and current financial data (2018 pay stubs, employer letter, etc..) in her hand and the CO refused to look at it.

CO told the applicant that they are refusing the visa and gave them a 212(a)(4) without any guidance how to overcome.  As an aside, this was at a NO ASSET/NO JOINT SPONSOR consulate.

 

She was distraught and ready to give up.  VJ members encouraged her and her husband, to resubmit a brand new affidavit that had the proper evidence in the form the consulate was looking for. 

They did it. Visa was approved.

 

Different consulate but what does the OP have to lose at this stage

[Jeanne Adil 1,651]

1 hour ago, Chris&Ale said:

If they are married, I think they do have the right to appeal.

appeal takes over a year for court to decide 

i won my appeal and they said marriage bona fida / reapply

 

[Michael2017 368]

4 minutes ago, adil-rafa said:

appeal takes over a year for court to decide 

i won my appeal and they said marriage bona fida / reapply

 

Really there is a court involved? 

[Jeanne Adil 1,651]

13 hours ago, payxibka said:

If they will accept a 2018 return later then they would accept it now if she can get it done without having to endure a returned petition or a new filing

but they didn't accept the 2018 income infromation according to her

so, without a cosponsor as embassy requested the case will be returned 

she will get the NOIR / NOID and it is possible at this stage to use 2018 tax returns

 

when an African embassy says need a cosponsor , they mean exactly that 

[Major 24]

Yes, you made enough income for 2018, 2016, and 2015 for a household of 3 but the consular officer based his/her judgement/discretion/decision on the most current Tax Year Returns which is 2017 and that’s way below the FPG (Federal Poverty Guidelines) level for a household of 3.

They use the most recent Tax Year Returns but most people like submitting 3 Tax Years Returns just to be in  safe waters. They don’t really need the previous 2 years (2015 and 2016) but if you think they can help you proof to them that you can maintain sufficient income, fine, file them as well. 

 

Now the possible solutions to your dilemma is one of two options, either ;

 

1. You get the co-sponsor as requested by the Consular Officer to meet the FPG, or 

 

2. You file your 2018 Tax Returns and wait till beyond April 17, 2019, when 2018 Tax Returns become the most current year in their system so they can use it to evaluate your case if you meet the FPG for a household of 3 which you’re already well above with your 2018 Tax Returns. 

 

PS. Don’t be distraught, I know it can be a difficult process but keep the faith, you’re already at the finish line. 

Edited January 16, 2019 by Major

[Jeanne Adil 1,651]

7 minutes ago, Michael2017 said:

Really there is a court involved? 

yes

but NOIR and NOID are different   

one you reply to with evidence  within a certain amount of time/ the other has to be appealed with evidence to the court

there is also a small fee (mine was $110 in 2011) 

https://www.uscis.gov/forms/questions-and-answers-appeals-and-motions

 

An appeal is a request to a different authority to review an unfavorable decision. You may appeal certain USCIS decisions to the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA), an office within the Department of Justice. The BIA and the AAO are administrative appellate entities that have jurisdiction over different types of immigration cases. Your denial or revocation notice will provide information about whether the decision may be appealed and where to file your appeal.

Edited January 16, 2019 by adil-rafa

[geowrian 22,337]

15 minutes ago, adil-rafa said:

appeal takes over a year for court to decide 

i won my appeal and they said marriage bona fida / reapply

Your petition was returned to USCIS and then reaffirmed. This case is only a visa refusal due to the public charge concern. The petition is still valid.

Edited January 16, 2019 by geowrian

[Michael2017 368]

Maybe it is also the work history and education level of the intending immigrant.

Does he have an impressive CV and good education? Maybe this plays into the assessment. 

For example, someone who can`t read or write will receive extra scrutiny. 

Edited January 16, 2019 by Michael2017

[payxibka 10,045]

10 minutes ago, adil-rafa said:

but they didn't accept the 2018 income infromation according to her

so, without a cosponsor as embassy requested the case will be returned 

she will get the NOIR / NOID and it is possible at this stage to use 2018 tax returns

 

when an African embassy says need a cosponsor , they mean exactly that 

Because if you break it down it wasn't in the format they wanted

[Jeanne Adil 1,651]

they ask for cosponsor

if she does not provide it,  the case is returned

 

this is nothing about the OP but the Africian embassies have seen too many fake documents and only want to see IRS or offical tax returns

so without a 2017 income level that meets the requirement amount they ask for cosponsor

they know we can not get 2018 tax transcrpits at this time

if she had provided the 2 years prior to support her income level and sent an email to explain the difference in 2017 ,  they might have overlooked 2017 being too low

but now,  they want a cosponsor

 

must also consider that she is by own adminission of child bearing age and income may dip again for 6 week leave of absence/ this was suggested at an interview in another embassy and stated the spouse may not find work here 

embassies look at the totality of the entire situation

Edited January 16, 2019 by adil-rafa

[Michael2017 368]

I have seen other cases and they said they would keep the case for 6-12 months at the embassy before returning, giving them enough time.

Is that not a usual approach? By that time 2018 numbers hit in...

[Geewas 1]

6 hours ago, adil-rafa said:

they ask for cosponsor

if she does not provide it,  the case is returned

 

this is nothing about the OP but the Africian embassies have seen too many fake documents and only want to see IRS or offical tax returns

so without a 2017 income level that meets the requirement amount they ask for cosponsor

they know we can not get 2018 tax transcrpits at this time

if she had provided the 2 years prior to support her income level and sent an email to explain the difference in 2017 ,  they might have overlooked 2017 being too low

but now,  they want a cosponsor

 

must also consider that she is by own adminission of child bearing age and income may dip again for 6 week leave of absence/ this was suggested at an interview in another embassy and stated the spouse may not find work here 

embassies look at the totality of the entire situation

I did provide 3 years tax returns and a thorough explanation for the dip along with everything.