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Yaya B.

Is Public Charge same as Administrative Processing

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Had my interview on Jan, 29th this year. Was refused on a public charge. Submitted documents to overcome it on 6 march. 

Embassy says it received my documents on the 14 of march with the assurance that it will take some couple of weeks for a

feedback. Our last enquiry through the senator's office indicate that there is a huge backlog at embassy. Is almost 4months now

after my submission to overcome a public charge. Can anybody please tell me what really might be wrong or is it that public charge 

refusal can also be considered administrative processing hence the delay? thank you vj members

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Administrative processing is just them doing extra work to review your case. It has nothing to do with a public charge.

 

But what was the public charge they refused you on? Do they think you will be a public charge if you come to the US? Need more detail.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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Posted (edited)
1 hour ago, Yaya B. said:

Had my interview on Jan, 29th this year. Was refused on a public charge. Submitted documents to overcome it on 6 march. 

Embassy says it received my documents on the 14 of march with the assurance that it will take some couple of weeks for a

feedback. Our last enquiry through the senator's office indicate that there is a huge backlog at embassy. Is almost 4months now

after my submission to overcome a public charge. Can anybody please tell me what really might be wrong or is it that public charge 

refusal can also be considered administrative processing hence the delay? thank you vj members

 

41 minutes ago, NuestraUnion said:

Administrative processing is just them doing extra work to review your case. It has nothing to do with a public charge.

 

But what was the public charge they refused you on? Do they think you will be a public charge if you come to the US? Need more detail.

On the day of interview he said my wife's income was not enough and he is not convinced my joint sponsor will willingly support me in the event that I will require financial assistance. On that basis he thinks I will become a financial burden(public charge). So after several enquiries the reason given by the CO was confirmed and I was asked to submit evidence to overcome the charge. On day of submission my passport was also requested with a new sponsor and a much better W2 from my wife.

Edited by Yaya B.

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Ok. Sounds like you provided everything they asked for and they even have your passport. 

 

Administrative processing is just them them working on your case. Nobody knows how long it will take. 


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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5 minutes ago, NuestraUnion said:

Ok. Sounds like you provided everything they asked for and they even have your passport. 

 

Administrative processing is just them them working on your case. Nobody knows how long it will take. 

My CEAC page still remains refused though. Thanks for the response

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10 hours ago, Yaya B. said:

Had my interview on Jan, 29th this year. Was refused on a public charge. Submitted documents to overcome it on 6 march. 

Embassy says it received my documents on the 14 of march with the assurance that it will take some couple of weeks for a

feedback. Our last enquiry through the senator's office indicate that there is a huge backlog at embassy. Is almost 4months now

after my submission to overcome a public charge. Can anybody please tell me what really might be wrong or is it that public charge 

refusal can also be considered administrative processing hence the delay? thank you vj members

If God permit you will be approve my brother , just believe me , you are almost there in God name .

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There’s a difference between being refused and requesting more evidence. If they refused you they won’t do anything else and your visa is dead. If they requested more evidence then it’s not a refusal. Public charge and administrative processing have nothing to do with one another. Public charge is if the petitioner ever loses their job and go on unemployment they have to promise they’ll never do that to support the foreigner. If you were refused based on that is because they don’t believe your petitioner or the cosponsor would be able to financially support you and you would end up asking the US government for financial help. In order to overcome that problem you would need a different cosponsor. Administrative processing is just standard for every visa processing. That just means they’re going over all your documentation before adjudicating your case. If they said you were refused at your interview though that’s not administrative processing. 

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Posted (edited)
6 minutes ago, TNJ17 said:

There’s a difference between being refused and requesting more evidence. If they refused you they won’t do anything else and your visa is dead. If they requested more evidence then it’s not a refusal. Public charge and administrative processing have nothing to do with one another. Public charge is if the petitioner ever loses their job and go on unemployment they have to promise they’ll never do that to support the foreigner. If you were refused based on that is because they don’t believe your petitioner or the cosponsor would be able to financially support you and you would end up asking the US government for financial help. In order to overcome that problem you would need a different cosponsor. Administrative processing is just standard for every visa processing. That just means they’re going over all your documentation before adjudicating your case. If they said you were refused at your interview though that’s not administrative processing. 

They can list a case as refused and later overcome the refusal and issue, which is a different process to a 221g refusal and AP. Also remember CEAC is updated by each embassy and there are occasional discrepancies between how different embassies list things.

Edited by SusieQQQ

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Moved from IR-1/CR-1 Progress Reports to US Embassy & Consulate DIscussion.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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1 hour ago, TNJ17 said:

There’s a difference between being refused and requesting more evidence. If they refused you they won’t do anything else and your visa is dead. If they requested more evidence then it’s not a refusal. Public charge and administrative processing have nothing to do with one another. Public charge is if the petitioner ever loses their job and go on unemployment they have to promise they’ll never do that to support the foreigner. If you were refused based on that is because they don’t believe your petitioner or the cosponsor would be able to financially support you and you would end up asking the US government for financial help. In order to overcome that problem you would need a different cosponsor. Administrative processing is just standard for every visa processing. That just means they’re going over all your documentation before adjudicating your case. If they said you were refused at your interview though that’s not administrative processing. 

But is it really the case that there is backlog that is why is taking too long?

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1 hour ago, TNJ17 said:

Public charge is if the petitioner ever loses their job and go on unemployment they have to promise they’ll never do that to support the foreigner.

The petitioner is free to use any services the US government offers if they qualify. Receiving unemployment benefits is not being a public charge at all BTW because you can only receive them if you've paid insurance while being employed. 

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To clarify, a 221(g) is a a refusal. It's often called a "soft" refusal, especially when it's due to missing or insufficient required documentation (like an affidavit of support), due to being able to be overcome fairly easily. A 221(g) is really the section of the INA that basically says the visa application does not conform to the requirements and therefore they can't approve it. Providing the necessary documentation brings the application into a state where they can determine eligibility for the visa.

 

9 hours ago, Orangesapples said:

The petitioner is free to use any services the US government offers if they qualify. Receiving unemployment benefits is not being a public charge at all BTW because you can only receive them if you've paid insurance while being employed. 

Exactly. Unemployment Compensation (UC) is not a means-tested benefit. You pay a (required) insurance premium via your paycheck, and then are entitled to collect on that in accordance with your state's laws.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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10 minutes ago, geowrian said:

To clarify, a 221(g) is a a refusal. It's often called a "soft" refusal, especially when it's due to missing or insufficient required documentation (like an affidavit of support), due to being able to be overcome fairly easily. A 221(g) is really the section of the INA that basically says the visa application does not conform to the requirements and therefore they can't approve it. Providing the necessary documentation brings the application into a state where they can determine eligibility for the visa.

 

.

Yes, but it’s usually - usually - updated as AP on CEAC, rather than listed a refusal. But some - some - “hard” refusals can be overcome as well.

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