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Immigrant visa declined under public charge

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Hello folks,

My cousin and his family got his immigrant visa refused under public charge. Even though , he submitted taxes from his sponsor and affidavit of support. His sponsor income was sufficient enough. The refusal sheet said visa declined for public charge reason. The question what kind of options he has inorder to overcome his refusal or it is final. 

 

 

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Filed: Citizen (apr) Country: Kenya
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Where's your cousin from? 

And how many people are immigrating with him? 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Filed: Citizen (apr) Country: Russia
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7 minutes ago, Sam1976 said:

Hello folks,

My cousin and his family got his immigrant visa refused under public charge. Even though , he submitted taxes from his sponsor and affidavit of support. His sponsor income was sufficient enough. The refusal sheet said visa declined for public charge reason. The question what kind of options he has inorder to overcome his refusal or it is final. 

 

 

Refused does not mean denied.  Did the consulate request a co-sponsor?

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Filed: Citizen (apr) Country: Russia
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9 minutes ago, Sam1976 said:

He has co-sponsor  and did the affidavit of support . Will all these documents he got his with public charge. 

The consulate officer has the final say, and they do not always simply rely on the HHS poverty guideline.  There is much unknown here, how big are the primary sponsor’s and co-sponsor’s households, where are they planning on living, etc. are factors a CO may ponder.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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2 minutes ago, Dashinka said:

The consulate officer has the final say, and they do not always simply rely on the HHS poverty guideline.  There is much unknown here, how big are the primary sponsor’s and co-sponsor’s households, where are they planning on living, etc. are factors a CO may ponder.

His co-sponsor makes over 150 k per year. Way over what is required 

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Filed: Citizen (apr) Country: Myanmar
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4 minutes ago, Sam1976 said:

His co-sponsor makes over 150 k  per year. 

150k of W-2 income for 2023, 2022, 2021, 2020?

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Filed: Citizen (apr) Country: Iran
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Co sponsor makes enough but the sponsor doesn't.

What situation would they be walking into, is there a place for them to live, how employable would the immigrants be, ie. do they speak english and do they have job skills. Is the person sponsoring (not the co sponsor) them able to provide for them for at least several months while they find employment and housing.

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Filed: Citizen (apr) Country: Myanmar
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6 minutes ago, Sam1976 said:

True all of that and still hit with a public charge

Seems egregious, but perhaps there are details with respect to the  beneficiaries or the household of the sponsor that the CO considered. 
 

https://fam.state.gov/FAM/09FAM/09FAM030208.html has a detailed discussion of current public charge considerations. Review those and see if any applied to any of the beneficiaries. 

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12 minutes ago, Mike E said:

Seems egregious, but perhaps there are details with respect to the  beneficiaries or the household of the sponsor that the CO considered. 
 

https://fam.state.gov/FAM/09FAM/09FAM030208.html has a detailed discussion of current public charge considerations. Review those and see if any applied to any of the beneficiaries. 

They really make it complicated. I guess co-sponsor is not enough to bypass the public charge . 

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Filed: Citizen (apr) Country: Russia
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13 minutes ago, Sam1976 said:

They really make it complicated. I guess co-sponsor is not enough to bypass the public charge . 

Yes, but what did the notice from the consulate ask for?

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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