Visa denied under error from officer.

[adoso 0]

My appointment was in Cuidad Juarez Mexico today.  I was denied a visa because he came to the conclusion that I would become a public charge and the affidavit of support from my joint sponsor was denied.  Eventhough she made 7,000 more than what is stated on the I-864p that she needed to make.  Also he barred my for ten years due to the fact I had been in the united stated illegally for more than a year but that's why I has a approved I-601a waiver which covered that. I arrived as a child before 18 years of age and never left the country after I was first taken there. No criminal history cause Ive never been arrested or anything like that not evern a traffic ticket.  Im now stuck here in mexico and don't know what to do next.  Where do I call or what step to take next to get this situation corrected. 

[aaron2020 11,651]

Sorry about your situation. 

 

You need a qualified immigration lawyer.  That's who you need to call for the next step to take.  Your case is not DIY at this point. 

Edited April 17, 2019 by aaron2020

[Just Paul 4,595]

12 minutes ago, adoso said:

I was denied a visa because he came to the conclusion that I would become a public charge and the affidavit of support from my joint sponsor was denied.

They take in the totality of the circumstance. You aren't married.  The affidavit of support isn't binding with the sponsor.  I have felt that a joint sponsor for a K1 is a very bad presentation to the Department of State. 

 

[geowrian 22,338]

What was the error? The CO made a public charge decision based on the totality of the circumstances. Minimums to provide an I-134 (or I-864) are just that - minimums. Under the minimum = refusal. Above the minimum = judgement call.

 

Moving forward, you will need to address the public charge issue (joint sponsor available?). Once resolved, you will need an I-601. ETA ~1 year. You can’t do the I-601 until the public charge issue is resolved.

Edited April 17, 2019 by geowrian

[Crazy Cat 42,393]

1 minute ago, Paul & Mary said:

They take in the totality of the circumstance. You aren't married.  The affidavit of support isn't binding with the sponsor.  I have felt that a joint sponsor for a K1 is a very bad presentation to the Department of State. 

 

Hmmmm......You know, I have never really thought of it in that sense....but I think you are exactly correct.....

[aaron2020 11,651]

Dude.  Did you do a 601a waiver for a fiance visa?   Why didn't you get marry and file for a spousal visa?  Marriage to a USC offers way more protection than being engaged to one.  

In addition, your petitioner and Joint Sponsor filed Form I-134, not FormI-864.  Joint Sponsors must be accepted for the I-864.  JS are not always accepted for the I-134.  

Who's the qualifying relative for your 601a waiver?  You don't have a USC spouse.  Do you have a USC or LPR parent?

Edited April 17, 2019 by aaron2020

[adoso 0]

28 minutes ago, aaron2020 said:

Dude.  Did you do a 601a waiver for a fiance visa?   Why didn't you get marry and file for a spousal visa?  Marriage to a USC offers way more protection than being engaged to one.  

In addition, your petitioner and Joint Sponsor filed Form I-134, not FormI-864.  Joint Sponsors must be accepted for the I-864.  JS are not always accepted for the I-134.  

Who's the qualifying relative for your 601a waiver?  You don't have a USC spouse.  Do you have a USC or LPR parent?

I JUST REALIZED THAT I POSTED THIS IN THE WRONG SUB FORUM.  NOT A FIANCE PETITION ITS A SPOUSE OF US RESIDENT. 

[Crazy Cat 42,393]

8 minutes ago, adoso said:

I JUST REALIZED THAT I POSTED THIS IN THE WRONG SUB FORUM.  NOT A FIANCE PETITION ITS A SPOUSE OF US RESIDENT. 

It doesn't change the situation.  The Consulate Officer made a discretionary decision on the public charge matter. 

[aaron2020 11,651]

15 minutes ago, adoso said:

I JUST REALIZED THAT I POSTED THIS IN THE WRONG SUB FORUM.  NOT A FIANCE PETITION ITS A SPOUSE OF US RESIDENT. 

Contact a really good immigration lawyer.