Refused under public charge R1 visa

[Philus 3]

Hi friends I need help so long and short of it I was under administrative processing and now they sent me email that am been refused under public charge I check my it on the ceac website it shows refuse.I want to know if someone can be of help or in the same situation how can I overcome the public charge because my wife is getting government assistance but she works too now and she and making good pay around 1000$every two weeks I also submitted joints sponsored documents which my sponsor is making nice amount 72000 yearly but they only know why they refuse me because they thinking I might be of government Assistance.i really need help what to do to overcome it.Thanks 

[givionte 138]

Did the refusal letter give you any other options?  If they refused your joint sponsor, and did not ask for any further documents, I'm afraid there isn't much you can do except have your wife work long enough to prove a more sustainable income and give it another try. It seems they fear since your wife is already a public charge herself, it's reasonable to expect you would be as well, so the government isn't willing to take on that burden.

[Philus 3]

Yes the letter says she can bring new evidence to overcome it @givionte

Edited December 7, 2019 by Philus

[givionte 138]

Was there any specific evidence listed?  Send what is required, and try to pad it with other evidence, anything you both can think of that would tip their decision your direction.  I would send every pay check she has received in the last 6 months.  If she is no longer accepting assistance from the government, I would provide any kind of proof of that as well.  Perhaps bank statements and anything else that show there is a flow of money being deposited every couple weeks.  If there was any offer letter for the employment, send a copy of that as well.  Perhaps a letter from the joint sponsor vouching for both you and your wife, and that he understands what he/she signed up for, and believes that you two are more than capable of avoiding government assistance in the future, but is willing to help you both start your life together.

 

Provide any future prospects, if you personally plan to work upon arrival, whip up a resume, get some messages from recruiters or job offers, so the officer handling your case can be convinced you both are doing everything you can to avoid being a public charge.

[Philus 3]

Thank you very much my wife is getting letter from her job also I have gotten another person who is making way better 100000$ and willing to sponsor us also my wife had put me on a private health insurance so I will send all those documents thanks for your help.@givionte

[givionte 138]

Ok, great!  Wish you luck, hope to hear positive news soon!

[Philus 3]

Amen

[dwheels76 5,469]

15 hours ago, Philus said:

Hi friends I need help so long and short of it I was under administrative processing and now they sent me email that am been refused under public charge I check my it on the ceac website it shows refuse.I want to know if someone can be of help or in the same situation how can I overcome the public charge because my wife is getting government assistance but she works too now and she and making good pay around 1000$every two weeks I also submitted joints sponsored documents which my sponsor is making nice amount 72000 yearly but they only know why they refuse me because they thinking I might be of government Assistance.i really need help what to do to overcome it.Thanks 

Refused means it will sit there until you overcome the Public charge. Just because the joint sponsor makes the guidelines doesn't mean they will accept.
Did the joint sponsor file with their spouse? Or does the joint sponsor makes enough on their own (That $72,000). Do they have children? What's there household size.

It's Ghana. Ghana doesn't like joint sponsors. They want the petitioner to stand on their own. Having a petitioner on government assistance means you will probably gain a benefit from that assistance when you come (housing, food stamps, TANF Cash). Her making $2000 doesn't that meet the guidelines? Or what is your wife's household size?

 

If you do get another joint sponsor make sure they aren't too old or too young. Remember the government is looking at the 10 year commitment. Alot can happen in 10 years. Good luck.

[Duke & Marie 1,389]

14 minutes ago, dwheels76 said:

Refused means it will sit there until you overcome the Public charge. Just because the joint sponsor makes the guidelines doesn't mean they will accept.
Did the joint sponsor file with their spouse? Or does the joint sponsor makes enough on their own (That $72,000). Do they have children? What's there household size.

It's Ghana. Ghana doesn't like joint sponsors. They want the petitioner to stand on their own. Having a petitioner on government assistance means you will probably gain a benefit from that assistance when you come (housing, food stamps, TANF Cash). Her making $2000 doesn't that meet the guidelines? Or what is your wife's household size?

 

If you do get another joint sponsor make sure they aren't too old or too young. Remember the government is looking at the 10 year commitment. Alot can happen in 10 years. Good luck.

Agreed, I’d recommend a change in your wife’s circumstances .. she likely needs to increase her income somehow and come off all government assistance.. unless of coure there are adult children that can move out.. 

[Ryan H 3,828]

Moved from K3 Progress Reports to IR-1/CR-1 Progress Reports.

[Philus 3]

My wife household is 4 including me but my stepdaughter is 21 years so now we the household will b 3.plus I have got a sponsor who has no government assistance and 0 dependant and willing to help.so I want to ask what Documents will I need from him?@dwheels76

[Philus 3]

@givionteThis is the message I received from the embassy.This office regrets to inform you that your visa application has been refused under Section 212(a)(4) of the Immigration and Nationality Act.  INA 212(a)(4) provides that an applicant who is likely to become a public charge is inadmissible.  Immigrant visa and nonimmigrant visa applicants are subject to the public charge ineligibility.

An applicant is likely to become a public charge if he or she is likely, at any time after admission, to become primarily dependent on the U.S. Government (Federal, state, or local) for subsistence.  This means:

(a)   Receipt of public cash assistance for income maintenance or
(b)  Institutionalization for long-term care at U.S. Government expense

When considering the likelihood of an applicant becoming a public charge, the officer took into account the totality of your circumstances at the time of visa application, including your age, health, family status, assets, resources, financial status, education, and skills.

No waiver is available for immigrants ineligible under INA 212(a)(4). However, you may be able to overcome this refusal if you are able to present new and convincing evidence that this inadmissibility no longer applies.

V/r,
Consular Section
United States Embassy Accra, Ghana.@duke and Marie @dwheels76

[JFH 12,191]

$1000 every two weeks is not “making good money”. In many places that would put you below the local minimum wage. And that’s for a family of 3? Whilst it might be enough to scrape through the requirements on the I-864P, it will certainly be a struggle to keep three people on that without assistance. Do you have a job lined up for when you arrive? What are your qualifications? 

 

I’m seeing similarities here with a case a few days ago. Is your wife considerably older than you? What kind of work does she do? Is it a job where she is likely to climb up the ladder and improve her salary easily? 

[LilyJ 1,258]

With your wife being on public benefits, this means that you will most likely be second-hand benefiting from those public benefits as well in the US. A joint sponsor won't change that. The only thing that would change that would be your wife not being on public benefits. She will likely have to find a way to come off of the public benefits for you to be able to be found admissible and not be a risk of becoming a public charge

[dwheels76 5,469]

7 hours ago, Philus said:

My wife household is 4 including me but my stepdaughter is 21 years so now we the household will b 3.plus I have got a sponsor who has no government assistance and 0 dependant and willing to help.so I want to ask what Documents will I need from him?@dwheels76

Same ones the other joint sponsor submitted. No different. I-864, current tax return and w2 or tax transcript, proof of citizenship, proof of domicile, letter notarized explaining how and why they are willing to help support you.

 

Making $24000 with a family size of 4 is very low. Is the 21 year old claimed on her recent taxes? If so she counts. But it's about joint sponsor anyway.