Current income, tax return and 221g

[zochu 255]

Ah, it’s been a week since the interview in which we (me) were denied. 
 

My husband was in Australia in 2019, thus income in 2020 tax return was $0. He returned to USA January and is now working in a hospital earning over 125% with full health coverage as of April 2020. He is a federal employee too. 

 

On top of his income from work he is studying nursing (safe job given current pandemic) in which he is being paid on top of that as part of his GI bill. His income combined is closer to 200% of FPG. Family of 3. 
 

I have a “class b” medical condition but due to his work we (all three of us) have full health coverage. I am 7 weeks shy of getting my first bachelors degree and I’ll graduate next year with my Aussie law degree. I’ve got a great work history, currently employed with our State government. I’ve got experience with volunteering with judges working on human rights cases too. In my view, a stellar resume. Plus I’ll be graduating with a 6.8/7 gpa. 

 

We provided all evidence of current income; employment letters and all paystubs plus confirmation of GI bill benefits and transactions. 
 

We got a 221g for joint sponsor. I don’t know why, I thought our circumstances are pretty good. We submitted our only joint sponsor really. Family of 4(plus me is 5) with income of over $50k. So it’s over the 125% threshold but not super strong. 
 

The only option if this joint sponsor is denied is a doctor at my husbands work who has agreed. I’ve never met them but they can’t afford to lose my husband as he is currently in healthcare and they need him to stay given underemployment In his department and a pandemic. 
 

does anyone have any commentary or experience on the likelihood they will accept our joint sponsor? My anxiety is making me physically ill so I’m kind of reaching out for some reassurance or a “prepare his Aussie visa”. Just feeling overwhelmed and sad. We have a 1 year old and his Aussie visa will take approx. 2 years. 
 

they have my passport too. And my auspost express envelope ✉️ 

 

Edited August 3, 2020 by zochu

[Lurking 0]

Hi there, 

 

I usually just lurk on here but your case made me want to reply. I am going through the same process and am from Sydney however my interview will be towards the end of the year or later as I have recently been approved at USCIS. I’m not comfortable doxxing myself on here but I can add my two cents. 
 

The public charge is obviously the totality of circumstances and I would think that the 125% income level would still be fine for a case that they found low risk. 
 

I think there is something you are missing that makes you appear to be high risk to them and the income/joint sponsor is just to compensate that risk rather than them considering a low income the problem and just saying  “we want this much money”.
 

1. I did note you have a young child that is a risk factor. I know you said you are working but the consular officer might just think you’ll want to be a stay at home mom and or find it difficult to find accomodating work right now or would want to put your child into child care at the moment. The child’s Public “chargabity” is considered if they are not a US citizen yet. 

 

2. Class B medical condition, well if it has to do with depression or something they may think it could be triggered while you are there because of the coronavirus. Risk factor. 

 

3. Husband has only been at his job a few months. If he is working in a hospital he has a chance of contracting coronavirus and potentially losing his employment or ability to look after your family, thus the joint sponsor. 

4. Wrong place, wrong time. I think you just got extremely unlucky to be interviewed at the peak of the coronavirus with the trump administration probably telling CO behind closed doors to be stricter. Obviously the public charge rule is being abused right now otherwise it would not have been struck down by a federal judge(s). We can thank whoever took the effort to take that to court.

 

5. Expediting your interview. If this was sort of unnecessary and not life or death but you got an interview anyway, this may piss them off.

 

6. It is disgusting that they would deny an application because you interviewed right at this moment in time and they may have otherwise approved it a month ago. 

 

7. They don’t really have any legal basis to deny you since you meet all of the requirements and should worst come to worst once you get to a higher level appeal and have an actual legal person look at the case from a legal perspective rather than just using their judgement you will get in. 

This is just what I could see from the outside perspective. 

Edited August 3, 2020 by Lurking

[Lucky2Lucky 2,526]

30 minutes ago, Lurking said:

Hi there, 

 

I usually just lurk on here but your case made me want to reply. I am going through the same process and am from Sydney however my interview will be towards the end of the year or later as I have recently been approved at USCIS. I’m not comfortable doxxing myself on here but I can add my two cents. 
 

The public charge is obviously the totality of circumstances and I would think that the 125% income level would still be fine for a case that they found low risk. 
 

I think there is something you are missing that makes you appear to be high risk to them and the income/joint sponsor is just to compensate that risk rather than them considering a low income the problem and just saying  “we want this much money”.
 

1. I did note you have a young child that is a risk factor. I know you said you are working but the consular officer might just think you’ll want to be a stay at home mom and or find it difficult to find accomodating work right now or would want to put your child into child care at the moment. The child’s Public “chargabity” is considered if they are not a US citizen yet. 

 

2. Class B medical condition, well if it has to do with depression or something they may think it could be triggered while you are there because of the coronavirus. Risk factor. 

 

3. Husband has only been at his job a few months. If he is working in a hospital he has a chance of contracting coronavirus and potentially losing his employment or ability to look after your family, thus the joint sponsor. 

4. Wrong place, wrong time. I think you just got extremely unlucky to be interviewed at the peak of the coronavirus with the trump administration probably telling CO behind closed doors to be stricter. Obviously the public charge rule is being abused right now otherwise it would not have been struck down by a federal judge(s). We can thank whoever took the effort to take that to court.

 

5. Expediting your interview. If this was sort of unnecessary and not life or death but you got an interview anyway, this may piss them off.

 

6. It is disgusting that they would deny an application because you interviewed right at this moment in time and they may have otherwise approved it a month ago. 

 

7. They don’t really have any legal basis to deny you since you meet all of the requirements and should worst come to worst once you get to a higher level appeal and have an actual legal person look at the case from a legal perspective rather than just using their judgement you will get in. 

This is just what I could see from the outside perspective. 

There are a couple things I want to point out based on what the OP and above poster stated. 125% of the poverty line is a MINIMUM and honestly no one in the states can survive on that. Even 200% is not a lot - so it sounds like they looked At the totality of circumstances (which they are allowed to) and feel you need a joint sponsor. I’ve seen people here make DOUBLE the guideline and need a joint sponsor.

Additionally having a medical condition makes things more difficult because health care is very expensive. That is great you are both insured however your out of pocket costs and lower income can make your case not as strong. 

They most likely would have denied it a month ago since the husband has LESS time at his job. No one can say for sure but possibly down the line when he had more time at work/steady job that may have looked MORE favorable. Additionally she would have a degree by then as well (albeit the impressive resume) 

As you can see a class B medical condition is still serious and is part of the totality of circumstances that is looked at. To say they have no legal basis to deny OP because she meets all the requirements is untrue. They have a legal basis and the $$ guidelines are the minimum. 

Class B conditions are defined as physical or mental health conditions, diseases, or disability serious in degree or permanent in nature. ^[4] This may be a medical condition that, although not rendering an applicant inadmissible, represents a departure from normal health or well-being that may be significant enough to:

• Interfere with the applicant’s ability to care for himself or herself, to attend school, or to work; or

• Require extensive medical treatment or institutionalization in the future.

 

 

OP can you clarify- is your potential joint sponsor the one who makes 50k or the doctor?

Edited August 3, 2020 by Luckycuds

[Lurking 0]

9 minutes ago, Luckycuds said:

There are a couple things I want to point out based on what the OP and above poster stated. 125% of the poverty line is a MINIMUM and honestly no one in the states can survive on that. Even 200% is not a lot - so it sounds like they looked At the totality of circumstances (which they are allowed to) and feel you need a joint sponsor. I’ve seen people here make DOUBLE the guideline and need a joint sponsor.

Additionally having a medical condition makes things more difficult because health care is very expensive. That is great you are both insured however your out of pocket costs and lower income can make your case not as strong. 

They most likely would have denied it a month ago since the husband has LESS time at his job. No one can say for sure but possibly down the line when he had more time at work/steady job that may have looked MORE favorable. Additionally she would have a degree by then as well (albeit the impressive resume) 

As you can see a class B medical condition is still serious and is part of the totality of circumstances that is looked at. To say they have no legal basis to deny OP because she meets all the requirements is untrue. They have a legal basis and the $$ guidelines are the minimum. 

Class B conditions are defined as physical or mental health conditions, diseases, or disability serious in degree or permanent in nature. ^[4] This may be a medical condition that, although not rendering an applicant inadmissible, represents a departure from normal health or well-being that may be significant enough to:

• Interfere with the applicant’s ability to care for himself or herself, to attend school, or to work; or

• Require extensive medical treatment or institutionalization in the future.

If you go on and find case examples which have gone for panel review before an adjudicator you will find that they base their findings on a legal basis and their findings are on the balance of probabilities instead of “just in case”. There is plenty of PDF judgements on the internet you just have to search for like cases being appealed in google. OP would have a case for extreme hardship since they are separating the child from the US citizen so no it would be highly unlikely they would deny them if anyone serious were to be involved. 
 

I also disagree about income and would be willing to bet that most of the successful applicants are barely over the poverty line meaning it’s more on OP circumstances than income. 
 

Also when I say a month ago I’m assuming OP exact circumstances with the world a month ago. 

Edited August 3, 2020 by Lurking

[zochu 255]

The current joint sponsor we submitted makes $50k for a family of 4.

 

the doctor, I'd assume earns more. But I’ve never met them. Only my husband knows them. 
 

 

im starting to think I might need to apply for my husbands Australian visa and break a leg to get him out here urgently. 
 

Our child is a USC too. I did have daycare organised but I didn’t bring any info of that to the interview. Didn’t think it would matter. 

Edited August 3, 2020 by zochu

[Lurking 0]

11 minutes ago, zochu said:

The current joint sponsor we submitted makes $50k for a family of 4.

 

the doctor, I'd assume earns more. But I’ve never met them. Only my husband knows them. 
 

 

im starting to think I might need to apply for my husbands Australian visa and break a leg to get him out here urgently. 
 

Our child is a USC too. I did have daycare organised but I didn’t bring any info of that to the interview. Didn’t think it would matter. 

I wouldn’t give up just yet they probably are just making you do it because it’s better for them to get the joint sponsor. I think at the end of the day you are completely eligible for a green card and the CO at the embassy is the very lowest authority in this. I’m sure the joint sponsor even the low one will satisfy them it’s just insurance that they know they can get out of you since they hold the cards. 

Edited August 3, 2020 by Lurking

[SteveInBostonI130 3,451]

21 minutes ago, Lurking said:

I wouldn’t give up just yet they probably are just making you do it because it’s better for them to get the joint sponsor. I think at the end of the day you are completely eligible for a green card and the CO at the embassy is the very lowest authority in this. I’m sure the joint sponsor even the low one will satisfy them it’s just insurance that they know they can get out of you since they hold the cards. 

 

I am sorry, but this is not great advice - the part about being eligible over what the CO is stating.  The judgement of the CO is the most important thing at this moment.  He/she has full authority to grant or deny the visa.   

 

To the OP - you have submitted the joint sponsor recently?  If so, then wait for the determination.  Follow up with the embassy to see what they say, or if they need any other information.  Have your husband prepare the form for the other joint sponsor, but don't submit it.  Have it ready just in case.  Good luck!

 

 

[Lurking 0]

13 minutes ago, SteveInBostonI130 said:

 

I am sorry, but this is not great advice - the part about being eligible over what the CO is stating.  The judgement of the CO is the most important thing at this moment.  He/she has full authority to grant or deny the visa.   

 

To the OP - you have submitted the joint sponsor recently?  If so, then wait for the determination.  Follow up with the embassy to see what they say, or if they need any other information.  Have your husband prepare the form for the other joint sponsor, but don't submit it.  Have it ready just in case.  Good luck!

 

 

I didn’t say the CO didn’t have full authority to deny or approve the visa I said that the buck does not stop with the CO. Obviously you have to comply with them or buckle up for a fight you may be able to avoid by complying. Have you ever watched 90 day fiancé? If those people get in there is a way for OP to get in. 

Edited August 3, 2020 by Lurking