Denial at Final Interview for $$$ Even Though It Meet Guidelines

[James&Maggie 6]

I just got the worst news I could have ever heard... My wife was scheduled for her embassy interview March 30, 2016 in Tbilisi, Georgia. She arrived on time and prepared. The consular officer asked some questions and then told her that my income is not enough to qualify her for the CR1 visa. She was denied because she was at risk to become a 212(a)(40(A) Public Charge, ie freeloader... I pllanned and obtained a job that does meet and even exceeds the minimum income requirement for a family of 5. I sent the following letter in responce:

Greetings U.S. Embassy Georgia,

I wanted to let you know that I will be calling you on March 31, 2016 at
08:30 AM to ask some questions of the Consular Officer who interviewed my
wife, Maggie XXXXXXX, on March 30, 2016 for an Immigrant Visa.
Specifically, I would like to know how a determination of 212(a)(40(A)
Public Charge was determined when proof of income in excess of both the
2015 and 2016 HHS Poverty Guidelines for Affidavit of Support were
provided. After living in the Republic of Georgia for 16 months as a
volunteer English teacher working for Teach and Learn with Georgia I
returned to the United States on July 22, 2015 to secure employment
sufficient to sponsor my family to immigrate to America with me. I was
hired at XYZ Corporation permanently on August 30,
2015. I negotiated my salary specifically to meet the 2015 HHS Poverty
Guidelines for Affidavit of Support for a family of 5 at 125% of HHS
Poverty Guidelines which is $35,550. My negotiated salary is 36,000
annually proven by a letter from the Human Resources Manager Keith XXXX
of XYZ Corporation approved by Harry ZZZ who is the
President and CEO XYZ Corporation. This amount was
arrived at to be in excess of the minimum annual salary required for
approval. According to my pay stubs submitted to the National Visa Center
my earnings are calculated by dividing $36,000.00 by 2080 (52x40) hours
worked annually or $17.31 per hour at 40 hours per week. The Visa Refusal
Sheet provided to my wife specifically requests a joint sponsor. I am
willing as is XYZ Corporation to provide any information
you may need to substantiate my income including pay stubs, or human
resources payroll records. Please feel free to contact either Keith ZZZZ
or Harry ZZZZ with any need you may have. Please let me know if I can
provide any additional information to prove my income to you.

https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf
https://www.uscis.gov/i-864p

Help!!!! What do I do now!!! I have nobody who would open their bank accounts to the government if one of us fell on hard times. Can I fight this based on what I showed them? Is their a supervisor?

[dwheels76 5,459]

I just got the worst news I could have ever heard... My wife was scheduled for her embassy interview March 30, 2016 in Tbilisi, Georgia. She arrived on time and prepared. The consular officer asked some questions and then told her that my income is not enough to qualify her for the CR1 visa. She was denied because she was at risk to become a 212(a)(40(A) Public Charge, ie freeloader... I pllanned and obtained a job that does meet and even exceeds the minimum income requirement for a family of 5. I sent the following letter in responce:

Greetings U.S. Embassy Georgia,

I wanted to let you know that I will be calling you on March 31, 2016 at

08:30 AM to ask some questions of the Consular Officer who interviewed my

wife, Maggie XXXXXXX, on March 30, 2016 for an Immigrant Visa.

Specifically, I would like to know how a determination of 212(a)(40(A)

Public Charge was determined when proof of income in excess of both the

2015 and 2016 HHS Poverty Guidelines for Affidavit of Support were

provided. After living in the Republic of Georgia for 16 months as a

volunteer English teacher working for Teach and Learn with Georgia I

returned to the United States on July 22, 2015 to secure employment

sufficient to sponsor my family to immigrate to America with me. I was

hired at XYZ Corporation permanently on August 30,

2015. I negotiated my salary specifically to meet the 2015 HHS Poverty

Guidelines for Affidavit of Support for a family of 5 at 125% of HHS

Poverty Guidelines which is $35,550. My negotiated salary is 36,000

annually proven by a letter from the Human Resources Manager Keith XXXX

of XYZ Corporation approved by Harry ZZZ who is the

President and CEO XYZ Corporation. This amount was

arrived at to be in excess of the minimum annual salary required for

approval. According to my pay stubs submitted to the National Visa Center

my earnings are calculated by dividing $36,000.00 by 2080 (52x40) hours

worked annually or $17.31 per hour at 40 hours per week. The Visa Refusal

Sheet provided to my wife specifically requests a joint sponsor. I am

willing as is XYZ Corporation to provide any information

you may need to substantiate my income including pay stubs, or human

resources payroll records. Please feel free to contact either Keith ZZZZ

or Harry ZZZZ with any need you may have. Please let me know if I can

provide any additional information to prove my income to you.

https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

https://www.uscis.gov/i-864p

Help!!!! What do I do now!!! I have nobody who would open their bank accounts to the government if one of us fell on hard times. Can I fight this based on what I showed them? Is their a supervisor?

Because your previous year didn't meet the guidelines because you were out the country I would imagine. Send the letter see what they say. 6 months of a job usually isn't good enough for some embassies.It just depends. Like what if you lose aid job its so new they are afraid if that's why they said the public charge All you can do i send the letter see what they say.

Is our 2015 taxes done and that's part of our email

[James&Maggie 6]

Does that mean i can wait until the end of my first year, at the end of August, to show I've earned the $36,000 or do I have to wait until the end of Feruary when W-2s come out?

[dwheels76 5,459]

Does that mean i can wait until the end of my first year, at the end of August, to show I've earned the $36,000 or do I have to wait until the end of Feruary when W-2s come out?

hmmm You shouldn't have to. You do your 2015 taxes. Did you submit a Employment letter stating your Salary for 2016? If not you should with 2015 tax return.

You said you were a teacher in Georgia those 16 months. When you filed was that above the guidelines when you files for 2014, 2013?

[James&Maggie 6]

I had worked for my current employer for 6 years from 2006 until 2012. When I left, I went back to school, worked for the the welfare office, and then had the opportunity to teach in Georgia. The CEO and I are friends, and I asked for a job to help me get my family here to the states. He provided a letter for the NVC stating "Permanent and Full-time" employment that I submitted to the NVC along with the other income docs needed. The letter stated that I was hired at $36,000.00 per year instead of an hourly rate. So I felt there was no way that my income could be distorted. In 2015, I only worked from Augst 30 until the end of the year so it only shows about $12,000.00 on my W-2. We were married 8 July, 2014. My application was accepted 21 October, 2014 by USCIS. I don't know what year they use for income but 2015 and 2016 are identical. I have filed 2015 taxes as head of household. But my total wages are still very low as my teaching job in Georgia only paid about $250 per month.

[Villanelle 4,121]

So bad news-

You are going to have to find a co-sponsor.

The 864 is a very unique form and you are not the first nor will you be the last to have issues with it. You have to understand the form has requirements (being over the poverty level) BUT it also leaves the approval up to the discretion of the Officer adjudicating it. If you delve into the policies for the 864 you will find it states the income needs to be stable and likely will continue. This line in the adjudicators manual gives them discretion.

So you not only have to prove the amount is sufficient but that it is stable. They do this by looking at your past history in earnings, how long you held the job, education levels, advancement opportunities, etc. Theres a lot you can use to show stable/steady and the likelihood of continuing for the next 10 years if not forever.

You were denied. Probably because you started the job recently. Also the fact that your last tax return did not meet the qualifications. Sure it was for half a year so they couldve used it in your favor but they didnt.

I have personally never heard of anyone getting the Officer to review the descision and rule in their favor. Usually once the decision is made its final. Perhaps if one were given an RFE or 221g during the decision process where they asked for more info/proof of stability then a letter like you have above plus new evidence can help. BUT since the decision is done I believe thats it.

Your options would be a co-sponsor or waiting until you have been at the job at least 1 full year before applying again. If you are interested in waiting then we can discuss when the best time to file would be. Youd have to provide specific info about what each of the last 3 tax returns are showing and when you started the job.

Finding a co-sponsor can be hard but it is doable for most people. The sponsor doesnt lay out any money for the process and the big risk is potentially being liable for government benefits the alien receives. An alien is typically barred from receiving said benefits for the first 5 years. They are also eligible for citizenship after 3-5 years. Plus any benefits received-- well, its only been a handful of times in history that the gov actually asked for reimbursement. If you need help coming up with talking points to ask or convince someone post back. There are plenty of threads on user experience with that if you search the forum as well.

[Ebunoluwa 6,136]

What documents did you provide as proof ?

[pushbrk 12,086]

What documents did you provide as proof ?

Just to be clear, we supply supporting documents as "evidence". This is a key distinction. An employer letter, is often not as effective in terms of "evidence" as a current "pay stub" would be. However, some IV units have specific standards with regard to the most recent tax return or transcript showing a qualifying income, even though it is not an actual USCIS requirement. In immigrant visa cases, USCIS requirements being technically met, is no guarantee a Consular Officer will make the public charge judgment call in your favor.

Did the letter given to your wife provide an opportunity to submit an I-864 from a qualifying joint sponsor?

[mallafri76 1,012]

Your salary from your teaching job in Georgia wouldn't factor in to meet the guidelines, as this salary didn't continue once you moved back to the US, so for the past three years you have zero salary to show. I guess that, along with the fact that you are barely above the poverty guidelines, is why the visa was denied. The COs have a lot of discretion in their decision making.

Strange that you were flat out denied. Are you sure your husband wasn't given a 221(g), a request to supply more information, in this case a joint sponsor?

Edit: You could try involving your Senator. Not sure how much help that would do at this stage but it can't hurt.

Edited April 2, 2016 by mallafri76

[Ebunoluwa 6,136]

I don't see why it should be denied, you worked for 8 months in the US and made over the limit.

Tax transcript, letter from employer, bank statements showing deposits and pay stubs should be sufficient unless I am missing something.

[Villanelle 4,121]

I do agree that it should be sufficient. I dont have any links for the exact wordings of the policies its been so long but Im pretty sure the wording is along the lines of if it meets the guidelines it should be approved unless they come up with a reason why not. Arguing over the reasons why not is going to be like banging your head against a wall. They will most likely not override it once its been made.

The only other thing that jumps out at me is a lot of people have problems with that form. They often count the household size wrong and it makes them under the limit. This is usually caught sooner the interview but stranger things have happened. The OP can check the form for accuracy.

[James&Maggie 6]

Thank you all for the information. The embassy did give her a 221(g) requesting a joint sponsor I-864 and tax returns from a joint sponsor. Unfortunately, I have nobody who is willing to be a joint sponsor for her. I contacted my Senator's office and an assistant there conacted the embassy on my behalf. The embassy replied to me briefly explaining that my review was completed and that I still did not qualify financially. But they also replied to the Senator's office and the assistant sent it to me. In that email they explain that my wife and I "have been fully informed of the income requirements by the consular section here in Tbilisi. For your reference, the 2016 required minimum income for a househld size of 3 is USD 25,200." So they are completely unaware that my household size is 5. I do not believe the case was reviewed at all. How could they be unaware of what my household size is? With this information, I have decided to go back to Geogia and have made an appointment at the embassy for my wife and me in June. I came back to the US on July 22nd and was employed on July 30th. On August 30 I was earning slightly over the minimum amount required foe a family of 5, $35,500. I negotiated my salary to be $36,000 for that sole reason. That tranlsates into $17.31 per hour. Plus I can earn quarterly sales bonuses and Christmas bonuses as well. When I recieive my payroll deposit on 27 May of this year, I will have earned $28,745.60 from employment as well as a large income tax refund of over 4k. The embassy already has a letter stating that my job is full time and permanent and that my salary is $36k annually, not $17.31 per hour. I will be bringing all paystubs and bank records to submit to them. Any feedback or advice on preparation or other material to bring would be appreciated and wish me luck.

[Lemonslice 4,546]

Any assets?

Edited April 28, 2016 by Lemonslice

[James&Maggie 6]

They, the embassy, has said that my income failed because I could not show $25,200 annual income for 2015. So I am using this amount that they gave to the Senator's office and plan to show them the $28,745.60 earned in ten months with pay stubs and bank deposits from payroll. Do you think it will work?

[James&Maggie 6]

I don't own any property at this time. My wife has a flat in Georgia that is worth about 15-20,000 USD.