Refusal

[mane 1]

13 minutes ago, Kor2USA said:

You're the beneficiary correct?

What about your partner, the petitioner? They should also have the information.

You shouldn't be doing this alone.  

Yes I am the beneficiary. Now yes is ready to file new affidavit if there is a chance to do it. But all that I am seeking for is how to do it. Because the last time she called the uscis for information. They told her everything is now in Ghana so we should be dealing with them. So do I stand a good chance calling the embassy with any suspicion? As some people say? 
and if she has to get involve what exactly must she do?  Will be glad with your information.. thanks

[mane 1]

7 minutes ago, Kor2USA said:

So the I-130 doesn't expire but the DS260 does? 

I-824 she has to file that in the USA  right? So they recall the petition ?

[Redro 4,611]

3 minutes ago, mane said:

Yes I am the beneficiary. Now yes is ready to file new affidavit if there is a chance to do it. But all that I am seeking for is how to do it. Because the last time she called the uscis for information. They told her everything is now in Ghana so we should be dealing with them. So do I stand a good chance calling the embassy with any suspicion? As some people say? 
and if she has to get involve what exactly must she do?  Will be glad with your information.. thanks

Tell your wife to call or email Ghana. She can explain the situation and they will tell her what to do. 

 

14 minutes ago, Paul & Mary said:

Petitioner can file an I-824 to get the petition back to the NVC.  A new DS260 will be required.

https://www.uscis.gov/i-824

https://www.uscis.gov/sites/default/files/document/forms/i-824instr.pdf

 

 

[mane 1]

25 minutes ago, Kor2USA said:

Tell your wife to call or email Ghana. She can explain the situation and they will tell her what to do. 

 

https://www.uscis.gov/i-824

https://www.uscis.gov/sites/default/files/document/forms/i-824instr.pdf

 

 

Alright… does that mean my I-130 petition still stands?? 

Is that the only forms she’s suppose to file to NVC?

[Redro 4,611]

2 minutes ago, mane said:

Alright… does that mean my I-130 petition still stands?? 

Is that the only forms she’s suppose to file to NVC?

Send these two links to your wife. She can read through the instructions. 

But, you can also tell her to phone the embassy. 

[mane 1]

3 minutes ago, Kor2USA said:

Send these two links to your wife. She can read through the instructions. 

But, you can also tell her to phone the embassy. 

I will let her do that. From all the contribution it seem, basically I have to start afresh the process??

 

[mane 1]

Just now, mane said:

I will let her do that. From all the contribution it seem, basically I have to start afresh the process??

 

You know during the start of the process she filed an affidavit which is the i-864

So if she should file again to the nvc what will be the impact to the already refused visa? 

 

[Redro 4,611]

1 minute ago, mane said:

I will let her do that. From all the contribution it seem, basically I have to start afresh the process??

 

You'll have to submit some extra documentation because you didn't submit a new Affidavit of Support right after the refusal.

Usually people submit documents from a joint sponsor at the interview or a couple weeks after. 

3 years is a really long time. Your medical definitely expired, so you'll have to go for another one. 

Have your wife call or email the embassy. They'll be able to tell you if you need to start over or if you just need to go back to the NVC stage. 

[mane 1]

5 minutes ago, Kor2USA said:

You'll have to submit some extra documentation because you didn't submit a new Affidavit of Support right after the refusal.

Usually people submit documents from a joint sponsor at the interview or a couple weeks after. 

3 years is a really long time. Your medical definitely expired, so you'll have to go for another one. 

Have your wife call or email the embassy. They'll be able to tell you if you need to start over or if you just need to go back to the NVC stage. 

Yes 3 years. But after my 221 g. I did submit my uncles affidavit but very unfortunate there was a missing w2, there was no notarization… that was when I was finally refused. 
another thing I wanna ask, Is it necessary she comes back to Ghana? Because I wanted her to step down…   

[Just Paul 4,595]

57 minutes ago, mane said:

They told her everything is now in Ghana so we should be dealing with them.

Then you won't need the I-824.   Follow the consulates direction.   The DS-260 is definitely expired as is the the medical.

[Just Paul 4,595]

1 hour ago, Kor2USA said:

So the I-130 doesn't expire but the DS260 does? 

Correct.   Once it is "approved" by USCIS it does not expire.

[Redro 4,611]

1 minute ago, mane said:

Yes 3 years. But after my 221 g. I did submit my uncles affidavit but very unfortunate there was a missing w2, there was no notarization… that was when I was finally refused. 
another thing I wanna ask, Is it necessary she comes back to Ghana? Because I wanted her to step down…   

What does step down mean? And who is her? 

 

Usually the I-130 petition expires after two years of inaction. 

Then the visa expires after a year of inaction.

If you and your wife have been keeping in contact with the embassy for the last 3 years I think you'll be okay. 

But, I don't know your level of interaction, so I cannot say. 

 

I would not be very surprised if your visa and petition has expired and your wife has to start the process all over. 

 

[mane 1]

1 minute ago, Paul & Mary said:

Then you won't need the I-824.   Follow the consulates direction.   The DS-260 is definitely expired as is the the medical.

Oo kay… what ever is expired I can redo them given the chance. The da-260 is on the ceac website right?

[mane 1]

2 minutes ago, Kor2USA said:

What does step down mean? And who is her? 

 

Usually the I-130 petition expires after two years of inaction. 

Then the visa expires after a year of inaction.

If you and your wife have been keeping in contact with the embassy for the last 3 years I think you'll be okay. 

But, I don't know your level of interaction, so I cannot say. 

 

I would not be very surprised if your visa and petition has expired and your wife has to start the process all over. 

 

Thank you… so now all she has to do is to either email or call them to find out whether the visa and petition has expired right.

step down I meant, she arranging to come back to Ghana to find out if she has to restart the process again or perhaps resubmit some expired documents 

[JeanneAdil 6,427]

from attorney site:    read thru it

 

https://visarefusal.com/inadmissibility/212a4a-public-charge/

 

Perhaps the lone bright spot in this deepening bureaucratic quicksand is that in the case of a public charge finding, Department of State rules allow for the submission of new evidence — without limits on time (except in DV Lottery cases). So if income or asset levels of the sponsor increase, or if legitimate job offer or co-sponsor is found, that new evidence must be considered by the consular officer. In fact, the majority of public charge findings are overcome, with the applicants receiving visas.

 

although 3 years is a long time     

I 824 to reopen I 864 (new one needed for AOS with all supporting documents)

wife should have done this long ago and wrritten to embassy to keep case open monthly

 

if case has been returned to USCIS ,   you are looking at knowing what office has the case and sending I 864 with all supporting documents to that office 

case # ,  both your names and both dates of birth need to be written on the upper right hand corner of each and every page sent in 

8 minutes ago, mane said:

Oo kay… what ever is expired I can redo them given the chance. The da-260 is on the ceac website right?

all documents including ds 260 and the petition need to be redone if the embassy says case is back to USA

Edited December 1, 2021 by JeanneAdil