Anyone Ever Heard of CR-1 Denial Based on No Job Even Though Joint Sponsor is Plenty Good

[Kolewenoik31 57]

I think it's completely due to the American attitude to be honest. But Americans are nothing but strong believers in self and their ability to rise above without any help from anyone else. It's a rather resilient attitude that makes America what it is, but that of course has it's detriments as well.

I agree with shikimo's comment..It happens here in the states all the time more middle-upper class people I see with state issued EBT cards. Blows my mind every time I see it.

[NikLR 13,235]

What...??? Your words don't make sense "but a qualified sponsor does NOT assure anything." Are you okay? Its hard to see who's side you are really on. Just because a person is a welfare recipient does not mean that if they marry someone that person will be the same way. People are all individuals and free to make their own choices....simple! There are many success stories of people being given a raw deal in life and having to get assistance. But they received it long enough to get on their feet and then they got off and have never been back on again. For anyone to say that it will create a public charge or someone being on the system for ever is bad stereotype. There are many good people in this world that have had just a difficult time sometime in their life. Sorry and please forgive me if you were making a different point. Just my thoughts!

You misread what pushbrk wrote.

1) not having a qualified sponsor means the beneficiary will not get a visa

2) just because there is a qualified sponsor does not mean the beneficiary will get a visa

[pushbrk 14,246]

What...??? Your words don't make sense "but a qualified sponsor does NOT assure anything." Are you okay? Its hard to see who's side you are really on. Just because a person is a welfare recipient does not mean that if they marry someone that person will be the same way. People are all individuals and free to make their own choices....simple! There are many success stories of people being given a raw deal in life and having to get assistance. But they received it long enough to get on their feet and then they got off and have never been back on again. For anyone to say that it will create a public charge or someone being on the system for ever is bad stereotype. There are many good people in this world that have had just a difficult time sometime in their life. Sorry and please forgive me if you were making a different point. Just my thoughts!

I'm on the side of providing meaningful correct information. Period. A (technically) qualified joint sponsor does not assure the public charge concern will be met in the eyes of the Consular officer. My post explains some of the reasons why.

While people are free to make their own choices, Consular Officers are charged with making judgment calls about public charge and are forbidden from approving visas for those they think are likely to become a public charge, by choice or otherwise.

Edited March 13, 2014 by pushbrk

[Natanloupan 11]

Yes I have seen on the forum where a visa was given a 221g because even though the joint sponsor technically made enough to cover the beneficiary, they didn't' make enough to cover the beneficiary and petitioner who was jobless. Doesn't mean it's right but that's how the story went.

I thought the petitioner is not included in the household size unless he/she was on the co sponsor's taxes as a dependent ?

[pushbrk 14,246]

I thought the petitioner is not included in the household size unless he/she was on the co sponsor's taxes as a dependent ?

Technically, yes. However, it's a judgment call. Sounds like "sound" judgment was exercised in the case mentioned. Anybody getting the picture as to what is meant by "judgment call" yet?

[NikLR 13,235]

According to the I-864 they are not counted but in that case the consular officer decided otherwise. That is their job. The rules should be the same for everyone but this process is not transparent and the consular officers make judgement calls.

In the case I quoted it was a friend who was the joint sponsor and they just barely made the guidelines for two people. The petitioner was unemployed and had a child as well I think. The consular officer obviously deemed that the beneficiary was likely to become a public charge in some manner and issued the 221g.

[pushbrk 14,246]

The rules ARE the same for everyone. That the Consular Officer makes judgment calls IS part of THE RULES.

[Natanloupan 11]

Technically, yes. However, it's a judgment call. Sounds like "sound" judgment was exercised in the case mentioned. Anybody getting the picture as to what is meant by "judgment call" yet?

That's what I figured and actually I value your replies as I can tell you have a good knowledge on these subjects .

[Kolewenoik31 57]

I'm on the side of providing meaningful correct information. Period. A (technically) qualified joint sponsor does not assure the public charge concern will be met in the eyes of the Consular officer. My post explains some of the reasons why.

While people are free to make their own choices, Consular Officers are charged with making judgment calls about public charge and are forbidden from approving visas for those they think are likely to become a public charge, by choice or otherwise.

Thank you for the clarification I understand now. Its a risk either way nonetheless, case by case basis. Also, another thought that goes on in my mind is...if the petitioner and co-sponsor reads the guidelines on the I-864 it says that the co-sponsor could be sued. Maybe there are people out there that are selfish and don't care but really who would want to jeopardize their co-sponsor of being sued?!?!

[NigeriaorBust 4,090]

Does anyone have any updates on this "so called case?" Was this a scare tactic or a real case? Currently life long welfare is 5 yrs. But even with the old welfare system no one could really be considered as having a "life long" because eventually those children grow up {just saying}, and life long would mean until death no need for a visa then! Anyone have any information, I have seen this on VJ files but does any one know this person and what was the outcome?

They will never stop issueing checks as long as there are minor children so the more children the longer you will collect as a family. start having kids at 16 and stop at menopause and encourage female kids to have kids and you can make it life long. The woman was older , but eventually gave up on the case ( after he married traditionally because " he couldn't wait any more " )

[Kolewenoik31 57]

They will never stop issueing checks as long as there are minor children so the more children the longer you will collect as a family. start having kids at 16 and stop at menopause and encourage female kids to have kids and you can make it life long. The woman was older , but eventually gave up on the case ( after he married traditionally because " he couldn't wait any more " )

They will stop issuing checks because different states run there program differently. It use to be that every child would be added after the first one. Well that is no longer in some states. So the check will stop.