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Cr1 Visa Denial letter. what to do next ??

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Filed: AOS (apr) Country: Canada
Timeline
41 minutes ago, SusieQQQ said:

Proof of funds is a minimum, not a sufficient condition. The amount of assets stated as minimum in the guidelines is not nearly sufficient to see a 26-year old who does not seem to want to work (CO’s apparent judgement, not mine) through the rest of his life. Petitioner is working in a probably low paid job 7 years from retirement, but they don’t just want a joint sponsor, they want an immigrant willing and able to support themselves.

That would be my assumption as well. Home heath aides, at least in my area, are not paid well and if they meet the minimum, would not by much. Definitely a concern with the unstable work history of the beneficiary and age of the petitioner. If it is for a relative and not a spouse, it would increase the scrutiny of the likelihood of the petitioner not being able to support long term the beneficiary. A co sponsor would also be unlikely to provide long term support. This makes it a risk for the US Government, that assistance will be required at some point in time.

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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They are protecting the US citizen for sure.  They see OP is not working, the marriage either never real or unlikely to last given the massive age gap, esp as the woman is older in terms of what is norm of the world (man wanting to have kids and more).


Getting more sponsors doesn't resolve the case - because they don't want to unnecessarily burden US citizens.  OP is needed to look after his father as per him so how is he planning to move to the US anyway...  

Too many red flags
 

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Filed: IR-1/CR-1 Visa Country: Brazil
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5 hours ago, debbiedoo said:

That would be my assumption as well. Home heath aides, at least in my area, are not paid well and if they meet the minimum, would not by much. Definitely a concern with the unstable work history of the beneficiary and age of the petitioner. If it is for a relative and not a spouse, it would increase the scrutiny of the likelihood of the petitioner not being able to support long term the beneficiary. A co sponsor would also be unlikely to provide long term support. This makes it a risk for the US Government, that assistance will be required at some point in time.

You are right.   Also they gave reason but i am sure that  one of main concerned they didnt explain to him  is age gap. Which they really

doubt  the relationship 

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Filed: Citizen (apr) Country: Morocco
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OP ,  as beneficiary, asked 
How to fix this?

There is no fix

the CO (embassy) says a joint sponsor will not remedy the situation

Only the USC can change the factors

1. dad needs a nursing home

2  she needs a job (or 2 ) that fits the needed income levels

3  she would have to reapply 

4  OP needs to know the state (city) she lives in to know the work that would be available to him

While you wait for the 2 years for all this to happen,  continue with your education 

 

What did you say when the CO asked what you intended to do in the USA?  you were going to help her take care of her dad

Edited by JeanneAdil
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1 hour ago, ihaveadream said:

They are protecting the US citizen for sure.  They see OP is not working, the marriage either never real or unlikely to last given the massive age gap, esp as the woman is older in terms of what is norm of the world (man wanting to have kids and more).


Getting more sponsors doesn't resolve the case - because they don't want to unnecessarily burden US citizens.  OP is needed to look after his father as per him so how is he planning to move to the US anyway...  

Too many red flags
 

Good point on the inconsistency, if he can’t work because he has to take care of his father, how can he leave him behind?

 

anyway OP you wanted to know how to fix it, the main way to fix it seems to be to get a job and keep at it for a couple of years so that they can see you are willing and able to work. Maybe then they will reassess when you have some decent history of stable employment.

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9 minutes ago, JeanneAdil said:

OP ,  as beneficiary, asked 
How to fix this?

There is no fix

the CO (embassy) says a joint sponsor will not remedy the situation

Only the USC can change the factors

1. dad needs a nursing home

2  she needs a job (or 2 ) that fits the needed income levels

3  she would have to reapply 

4  OP needs to know the state (city) she lives in to know the work that would be available to him

While you wait for the 2 years for all this to happen,  continue with your education 

 

What did you say when the CO asked what you intended to do in the USA?  you were going to help her take care of her dad

His dad has Parkinson's - not hers

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Filed: Country: Jamaica
Timeline

We need to determine who is the petitioner and the beneficiary.  Also, what was submitted on I-864, people always put the incorrect number on the document.  Furthermore, If Petitioner has been using Federal benefits, it has been the basis for denial due to public charge.  This has been a recent issue in JA.  

Phase I - IV - Completed the Immigration Journey 

 

 

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Filed: Citizen (apr) Country: Morocco
Timeline
2 hours ago, ihaveadream said:

His dad has Parkinson's - not hers

then his job is not important 

only the USC 

how is he going to leave his dad if he is primary care giver

and why did he mention his job at all?

very confusing post

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Filed: K-1 Visa Country: Canada
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Do they seriously deny you if the immigrant doesn't have a good job? My fiancé has had a stable work but only in grocery stores. He was at one for a couple of years, went to a warehouse, got laid off after two months, and went to another grocery store. I would hate to see us denied over that.

 

I really hope that everything works out you and your wife!

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58 minutes ago, Sunny_Skies said:

Do they seriously deny you if the immigrant doesn't have a good job? My fiancé has had a stable work but only in grocery stores. He was at one for a couple of years, went to a warehouse, got laid off after two months, and went to another grocery store. I would hate to see us denied over that.

 

I really hope that everything works out you and your wife!

My guess would be it's the sum of the circumstances. 

Job hopping isn't uncommon and wouldn't be an issue so long as employment is consistent (rather than the job) and income exceeds the minimum requirement. 

Job hopping + a huge age gap + other factors that don't match up (ie: beneficiary claims to not be working as they "must" look after an ill parent despite applying for an immigrant visa would would take them away from said parent that needs so much nursing that beneficiary can't work?) + Petitioner being almost at retirement age = a group of circumstances that would make most CO's do a major double-take. 

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6 hours ago, Steffy Stef said:

Hi, was this for CR1 or tourist Visa ? 

There is no sponsorship for tourist visas.

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2 hours ago, Sunny_Skies said:

Do they seriously deny you if the immigrant doesn't have a good job? My fiancé has had a stable work but only in grocery stores. He was at one for a couple of years, went to a warehouse, got laid off after two months, and went to another grocery store. I would hate to see us denied over that.

 

I really hope that everything works out you and your wife!

Job/work history and employability can be part of the overall public charge consideration, yes.

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