Refusal

[mane 1]

  On 12/1/2021 at 6:45 PM, Jorgedig said:

Doesn't matter - you are basically starting over, and you will have a new interview, and the validity of your relationship will be considered.  

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I hope I get through it when the time comes. Is there anything new I must consider when filing? 

[.yana 598]

  On 12/1/2021 at 7:16 PM, mane said:

I hope I get through it when the time comes. Is there anything new I must consider when filing? 

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Yes, you need to provide proof of bona-fide relationship, and it's unlikely that chat/call logs alone will suffice.

Edited December 1, 2021 by .yana

[mane 1]

  On 12/1/2021 at 9:04 PM, .yana said:

Yes, you need to provide proof of bona-fide relationship, and it's unlikely that chat/call logs alone will suffice.

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Thank you … I can see that. It’s a lot of work when there isn’t much money enough. Lol 

[davidvs 354]

After 3 years, would the file still be at the embassy, or would it have been returned to NVC or even USCIS?

 

[mane 1]

  On 12/1/2021 at 9:13 PM, davidvs said:

After 3 years, would the file still be at the embassy, or would it have been returned to NVC or even USCIS?

 

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That’s the big question 

[SalishSea 18,275]

  On 12/1/2021 at 9:08 PM, mane said:

Thank you … I can see that. It’s a lot of work when there isn’t much money enough. Lol 

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Maybe your wife needs to get an additional job, a better job, or education leading to higher earning potential.

 

As you know, US immigration is expensive, as is maintaining a long distance relationship.

[mane 1]

  On 12/1/2021 at 11:08 PM, Jorgedig said:

Maybe your wife needs to get an additional job, a better job, or education leading to higher earning potential.

 

As you know, US immigration is expensive, as is maintaining a long distance relationship.

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Yeah… but my daughter is going to be the co sponsor. From the poverty guideline it requires $21,775 at 125% to qualify as a sponsor  for 2 and also at 150% it’s $25,130 for two and my daughter earns more. So can she sponsor and my wife to earns more than the amount at 150%. Or how much does she needs to earn annually?

 

[SalishSea 18,275]

  On 12/1/2021 at 11:21 PM, mane said:

Yeah… but my daughter is going to be the co sponsor. From the poverty guideline it requires $21,775 at 125% to qualify as a sponsor  for 2 and also at 150% it’s $25,130 for two and my daughter earns more. So can she sponsor and my wife to earns more than the amount at 150%. Or how much does she needs to earn annually?

 

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There are no hard and fast rules.  The salary guidelines are simply guidelines, not policy.  The public charge inadmissibility is based on the totality of circumstances, which the CO will evaluate.  Is your daughter a USC or LPR?

 

This thread has brought up a potentially larger issue for you though, and that is that you have a significant gap since seeing your spouse, and the burden of proof that it is a legitimate marriage may be quite high.

[carmel34 3,664]

  On 12/1/2021 at 11:21 PM, mane said:

Yeah… but my daughter is going to be the co sponsor.

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Your biological daughter, or your USC wife's daughter, i.e., your step-daughter?  If the cosponsor is your bio daughter, this may lead to greater scrutiny (CO may see this as the reason you want to immigrate to the US, via marriage, to be with your daughter), on top of the fact that you have not physically been with your wife for more than 3 years.  Before a new I-130 petition is filed, you will need A LOT more evidence of multiple in-person visits and some financial co-mingling as I recommended in my previous response.  I suggest that your wife get a better job, so that she can visit you a few more times before trying again, and earn enough to sponsor you.  Another option is that if your daughter in the US is a citizen, she can petition for you.  Either way, you have a very long road ahead in my opinion.  Good luck!

Edited December 4, 2021 by carmel34

[Philus 3]

U don't need to file another petition all you have to do is get a new joint sponsor with all his documents and just send it to the dhl .contact me if u need any help