Visa denial due to New Minimum Income Requirements [merged threads]

[Mike E 11,741]

1 minute ago, Mdvivori said:

  I don’t follow that mom should file I-130’s for each of the kids.  

 

3 hours ago, Mike E said:

just in case OP is struck by a bus or other mishap.

I will not beat around the bush: you are collecting social security. So you are likely age 62 or older. I suspect you are male.

https://www.ssa.gov/oact/STATS/table4c6.html says you have at least a 1.5 percent of dying before your next birth day.

 

I have seen too many cases where the beneficiary could have had more than one petitioner, and to “save money” only one petition was filed. Then the petitioner dies, or withdraws the petition. At that point it is a cluster.
 

It is always tragic when immigration plans fail without a viable backup plan. It is the children who bear the brunt of the tragedy. And I will always advocate for the kids’ needs ahead of the adults.

 

Petition early, petition often.

 

 

[Boiler 45,735]

I thought 70 was mentioned.

 

I also agree as a general comment the more options the better.

 

I am not aware of any minimum period for a new job, more pay slips the better, one might be pushing it.

[Dashinka 24,639]

21 minutes ago, Mdvivori said:

My Wife is the Principle Immigrant on all 3,  I-864’s with both Children listed on each.  We did file separate I-130’s for the children.  I don’t follow that mom should file I-130’s for each of the kids.  If we do go to Plan B, I will get a job to boost our income.  If my wife is working in the US will her income help as well?  Do you know how long we would have to work to have the income count? Thanks.

The spousal visa category for a USC's spouse does not allow for derivatives which is why you had to file separate I130's for each principle applicant.  Therefore each I130 should have their own I864. 

 

I also am not aware of a set timeline- for working, but I would say 3-6 months would be good.

 

Good Luck!

[Mdvivori 42]

At this point since the children were denied on June 7, and we submitted the new I-864 with 2023 Income Benefits Letter that afternoon and because my wife was first denied and then issued a Visa a few days later after the Embassy  received the Benefits Letter I think waiting for a few days just makes sense.  There’s always time to panic later.  Having said that, unless there’s a compelling reason not to go to the US on July 13th we’re going to go.  Isn’t it better for my wife to be in the USA just in case a bus hits me?  I know I’m an old guy but I want this for her and the kids.  For me only I’d stay here.  This is like my family hitting the lottery and I could die happy if they were all in the US.  I have a pretty hefty Life Insurance policy to help them.

[Boiler 45,735]

There is a widow petition.

[Dashinka 24,639]

11 minutes ago, Mdvivori said:

At this point since the children were denied on June 7, and we submitted the new I-864 with 2023 Income Benefits Letter that afternoon and because my wife was first denied and then issued a Visa a few days later after the Embassy  received the Benefits Letter I think waiting for a few days just makes sense.  There’s always time to panic later.  Having said that, unless there’s a compelling reason not to go to the US on July 13th we’re going to go.  Isn’t it better for my wife to be in the USA just in case a bus hits me?  I know I’m an old guy but I want this for her and the kids.  For me only I’d stay here.  This is like my family hitting the lottery and I could die happy if they were all in the US.  I have a pretty hefty Life Insurance policy to help them.

This is why your wife should file I130s after she arrives with you.  If you take Plan B, you have to arrive with her (or before her), and you can set up domicile then you can always go back.  Once she gets a few months of employment, she can add her income to yours.  But if something unfortunate occurs, then she would have I130s in place just in case.

 

Edited June 21, 2023 by Dashinka

[Family 4,065]

9 hours ago, Mdvivori said:

Thanks Redro, my wife is on all three forms.

 

1 hour ago, Lemonslice said:

but I think the refusal might be because you  missed some of the instructions, and filled the form improperly

 

9 hours ago, Redro said:

First thing I would do is update the I-864s so your stepchildren are the respective "Principal Immigrants" on each of their forms. Then see if that works. If it doesn't work- go to plan B. 

OP, look at your stepkids I-864 as advised. Your wife’s name should not be listed at all. She just gets counted for household number.  
If that is the error, then do the correction, upload to CEAC along with new benefit amount ..then email Consulate.

[Lemonslice 4,922]

1 hour ago, Mdvivori said:

At this point since the children were denied on June 7, and we submitted the new I-864 with 2023 Income Benefits Letter that afternoon and because my wife was first denied and then issued a Visa a few days later after the Embassy  received the Benefits Letter I think waiting for a few days just makes sense.  There’s always time to panic later.  Having said that, unless there’s a compelling reason not to go to the US on July 13th we’re going to go.  Isn’t it better for my wife to be in the USA just in case a bus hits me?  I know I’m an old guy but I want this for her and the kids.  For me only I’d stay here.  This is like my family hitting the lottery and I could die happy if they were all in the US.  I have a pretty hefty Life Insurance policy to help them.

Did you fill the affidavits of support correctly though? Nothing is getting approved until you do that...

Edited June 21, 2023 by Lemonslice

[pushbrk 12,998]

1 hour ago, Lemonslice said:

Did you fill the affidavits of support correctly though? Nothing is getting approved until you do that...

Correct.  Wife's actual name will appear only on her own I-864.  Each child's actual name will appear only on their own I-864.  The other family members besides the petitioner are only "counted" in the numbers.  Unless this is done correctly, no visa.

 

What is the actual wording of the visa denial?

[Mdvivori 42]

Ok, I’ll redo the Children’s I-864’s and submit them if they are rejected again.  Thank you.

[Family 4,065]

1 hour ago, Mdvivori said:

Ok, I’ll redo the Children’s I-864’s and submit them if they are rejected again.  Thank you.

Could you kindly confirm you checked the “ new “ ones you did for their interview and refusal….pretty please 😂. You got a cheering squad here but no clear indication you reviewed your last submission.

[Mdvivori 42]

After the children’s denial on June 20th we resubmitted the same I-864 accompanied with my 2023 SS Benefits Letter that we Submitted on June 8th when my wife was first denied and then a few days later Approved and Issued.

 

CEAC currently shows the I-863 as “Submitted” but not yet “Accepted” which leads me to believe the CO on the 20th didn’t read the 2023 Income so we wouldn’t have met the new March 1st US Immigration Income  requirement.  Notwithstanding  CEAC own guideline stating  if Income is sufficient when submitted, which it was in October 2022, it won’t be subject to future increases in the required Income.

 

Im not looking to have that argument because it would require an attorney and it’s a moot point because fortunately my current documented 2023 Income is Sufficient.

 

I know I repeated myself a bit but for new folks it’s important context.  Thanks to all for trying to help.  

 

[pushbrk 12,998]

1 hour ago, Mdvivori said:

After the children’s denial on June 20th we resubmitted the same I-864 accompanied with my 2023 SS Benefits Letter that we Submitted on June 8th when my wife was first denied and then a few days later Approved and Issued.

 

CEAC currently shows the I-863 as “Submitted” but not yet “Accepted” which leads me to believe the CO on the 20th didn’t read the 2023 Income so we wouldn’t have met the new March 1st US Immigration Income  requirement.  Notwithstanding  CEAC own guideline stating  if Income is sufficient when submitted, which it was in October 2022, it won’t be subject to future increases in the required Income.

 

Im not looking to have that argument because it would require an attorney and it’s a moot point because fortunately my current documented 2023 Income is Sufficient.

 

I know I repeated myself a bit but for new folks it’s important context.  Thanks to all for trying to help.  

 

You needed to submit TWO, not ONE new affidavits of support, as previously described. One for each child with that child as the immigrant.  Is THAT what you did?  It is NOT what you say you did.

[Mdvivori 42]

No my Wife is listed as the Principal Immigrant of all 3 I-864’s.  Each child is then listed as Family member 1 on their respective 864 with the other child listed as Family member 2.

[Lemonslice 4,922]

1 minute ago, Mdvivori said:

No my Wife is listed as the Principal Immigrant of all 3 I-864’s.  Each child is then listed as Family member 1 on their respective 864 with the other child listed as Family member 2.

When are you planning to submit the corrected forms?