I was refused visa on section 212(a)(4)

[Boss##♡ 2]

Look the income and documents are all according to the Law. The Embassy in Ghana is lawless, untrained employees, not reading cases.  The Embassy have zero explaination and zero proof to support their public charge decision. They are breaking the law. If the USICS or NVC had issue with income affidavits of support they would of raise this issue. They did not. The Embassy in Ghana is doing whatever and nobody is standing up to them.

 

Their excuses makes no sense in a legal stand ground. For example, the US Citizen wife worked enough to pay into Social Security that God forbid if the wife drops dead her Husband in Ghana will get $1700 monthly from Social Security. This public charge is bogus and they know it!! Next

[bravagreen 36]

The embassy sometimes put people on AP for as long as they want.  After my second interview with them on my reaffirmed IR1, I was still kept on AP for 4 months until my medicals was left with 6 weeks to expire that was wen they asked me to submit my passport. And even after that they still kept my passport till my medical was left with 2 weeks to expire before they issued my visa and by the time i received my passport in hand, I was left with a week to leave or go for new medical.Just prepare if they have your passport. They will issue you the visa.

[Maria1989 403]

I submitted IRS Transcripts for 4 years showing I make usually between 50-60k, I showed that I own my house with no mortgage. I have been here since January to show a bonafide relationship because of his Embassy. I presented a letter from the same employer I have had for 4 years showing they are holding my position, and waiting my return. She said nope things change, and she wants a joint sponsor. My sister who makes 95k sent it in and we waiting. However she said you approved, ai need this.... but this crazy to say refused and I agree something’s missing here. I hope it works out and you get to the bottom of it. Good luck . 

[Boss##♡ 2]

6 hours ago, Ben&Zian said:

Have a feeling there is a lot of information missing. Won't answer age specifics, religion, ect. There's some other flags involved I'm thinking.

The OP may not think they are; but to a lot of us and the embassy they are.

None of that info is relevant.  According to US Constitution cannot deny visa for spouse based on age religion race. Its against the Law and a case can be filed with the OIG if there is proof the Embassy deny visa on the grounds of Race Age Sex Religion.

[Going through 5,668]

17 minutes ago, Boss##♡ said:

None of that info is relevant.  According to US Constitution cannot deny visa for spouse based on age religion race. Its against the Law and a case can be filed with the OIG if there is proof the Embassy deny visa on the grounds of Race Age Sex Religion.

They cannot deny a visa based on age/religion/race as the SOLE reason for denial.  However, it can be used as one of SEVERAL reasons for denial in combination with any other red flags.  

 

So, yes, the info that was asked of OP before is relevant if they have more than one red flag.  If they don't give the information in this thread, of course that is up to them, but limits the amount of useful advice received to help overcome the red flags.

Edited March 23, 2018 by Going through

[Jeanne Adil 1,651]

37 minutes ago, Boss##♡ said:

Look the income and documents are all according to the Law. The Embassy in Ghana is lawless, untrained employees, not reading cases.  The Embassy have zero explaination and zero proof to support their public charge decision. They are breaking the law. If the USICS or NVC had issue with income affidavits of support they would of raise this issue. They did not. The Embassy in Ghana is doing whatever and nobody is standing up to them.

 

Their excuses makes no sense in a legal stand ground. For example, the US Citizen wife worked enough to pay into Social Security that God forbid if the wife drops dead her Husband in Ghana will get $1700 monthly from Social Security. This public charge is bogus and they know it!! Next

not quite  

the USC has to already be eligible for SS (retired) and collecting when he passes and then the spouse can collect 

otherwise the spouse has to wait until they are of retirebent age (SS now set that at 72)

and as far as standing up to the embassy,  there have been many complaints but we (USC) are not allowed to sue a government enity / we can lodge a complaint with different agencies but they are not much help in  ost of these cases and if anything was done ,  would take several years to resolve

[kris&me 572]

At this point looks like OP left conversation long ago and we are benefitting by being able to vent

but post may as well be deleted as OP does not want real advice and our help

[Eternity1516 38]

7 hours ago, missileman said:

Bingo!!!  For some strange reason, some people fail to realize that the support must be based on income which will be received after entering the US.

You do realize that he never said his wife is living in Ghana correct? He said she visited Ghana 2 times. His wife works at a bank in the US and makes over the 125% poverty level guidelines.

Let's try to give each other constructive criticism and explain things as best as we can. 

All of us have endured some extent of frustration during the immigration process. 

 

 

7 hours ago, mooseh said:

No in usa.

Mooseh, 
I would recommend  that your wife gets her state representative involved. They can further inquire about the situation.

Edited March 23, 2018 by Eternity1516

[Eternity1516 38]

13 minutes ago, adil-rafa said:

not quite  

the USC has to already be eligible for SS (retired) and collecting when he passes and then the spouse can collect 

otherwise the spouse has to wait until they are of retirebent age (SS now set that at 72)

and as far as standing up to the embassy,  there have been many complaints but we (USC) are not allowed to sue a government enity / we can lodge a complaint with different agencies but they are not much help in  ost of these cases and if anything was done ,  would take several years to resolve

https://hackinglawpractice.com/what-happens-after-you-file-a-lawsuit-against-uscis/

That is a link to a firm that claims to have successful lawsuits against USCIS. Of course I wouldn't advise to this unless it is a situation that has left the USC in extreme hardship, but it has been done. 

[Eternity1516 38]

44 minutes ago, Maria1989 said:

I submitted IRS Transcripts for 4 years showing I make usually between 50-60k, I showed that I own my house with no mortgage. I have been here since January to show a bonafide relationship because of his Embassy. I presented a letter from the same employer I have had for 4 years showing they are holding my position, and waiting my return. She said nope things change, and she wants a joint sponsor. My sister who makes 95k sent it in and we waiting. However she said you approved, ai need this.... but this crazy to say refused and I agree something’s missing here. I hope it works out and you get to the bottom of it. Good luck . 

Maria1989, 

I'm sorry to hear about your situation  !!! Good luck dear <3 

[Sunnyland 639]

3 hours ago, adil-rafa said:

We have all seen this

Often a beneficary posts my spouse applied for my green card instead of my spouse applied for me to live in the US with HIm/her

 

Very good eye. I wonder if OP freaked out and took off. Hope OP can answer the questions asked by some Vjers so he can be helped accordingly. 

[kris&me 572]

another thought

i was undre the impression that our income was verified at the NVC stage and if not sufficent,  a cosponsor was asked for before the packet goes on to embassy stage

one moroccan was told at embassy that income was not but the USC had untaxable income and when she proved that,  the visa was issued 

NVC had approved income

so is it true?   NVC does this verification or not?

[geowrian 22,335]

8 hours ago, mooseh said:

No the Embassy have no right to determine that our married was not legitime because they know it true because we have been living together. My wife have been in ghana twice .we they did not say anything about our marriage. 

They absolutely have an obligation under the law to make that determination, at least as to how it relates to obtaining an immigration benefit.

Have you been living together or has she been visiting? You seem to switch between the two. The difference is important.

 

7 hours ago, mooseh said:

I understand Ben but I cannot be public charge when my wife make 31k a year plus  me also working here.we have asset in my country.

Just because she makes $31k (assuming this is within the US) doesn't mean she cannot ensure you won't become a public charge. Yes, $31k is over the 125% level minimum for a household size of 2, but the CO makes the ultimate decision based on the totality of the circumstances. If you are willing to share those circumstances, maybe somebody can provide a hint as to why the CO reached their decision. Has she used public benefits in the past? What kind of work does she do (self-employment, wage earning employment, investment, under-the-table, etc.)? What evidence of her income was provided?

 

You working there has little impact. Your assets can be included. Did she include them (+ evidence of it) in her I-864? Keep in mind assets must be at least 3x that of the income level.

 

1 hour ago, Boss##♡ said:

Look the income and documents are all according to the Law. The Embassy in Ghana is lawless, untrained employees, not reading cases.  The Embassy have zero explaination and zero proof to support their public charge decision. They are breaking the law. If the USICS or NVC had issue with income affidavits of support they would of raise this issue. They did not. The Embassy in Ghana is doing whatever and nobody is standing up to them.

I doubt the COs are untrained there...while very strict, they would be inclined to put more experienced ones at the hardest embassies. Untrained COs are less likely to be able to spot fake documents, misrepresentations, etc.

USCIS doesn't evaluate the I-864. They should never have even seen it...it isn't provided until NVC anyway. NVC only does a very basic preliminary review of the I-864...the CO makes the final call using all the information available.

 

1 hour ago, Boss##♡ said:

None of that info is relevant.  According to US Constitution cannot deny visa for spouse based on age religion race. Its against the Law and a case can be filed with the OIG if there is proof the Embassy deny visa on the grounds of Race Age Sex Religion.

They can't deny based solely on those factors under the INA. Referencing the US Constitution here is weaker argument as there's a good case that it does not fully extend to visa applicants, who are not bound by US laws.

Anyway, they can't deny on those factors alone, but large age gaps, different religions, etc. can be a consideration if the marriage was entered into solely for immigration purposes.

[dentsflogged 352]

8 hours ago, mooseh said:

No the Embassy have no right to determine that our married was not legitime because they know it true because we have been living together. My wife have been in ghana twice .we they did not say anything about our marriage. 

The embassy has every right to determine that. It's pretty much why they exist. 

[Cyberfx1024 7,978]

10 hours ago, kris&me said:

At this point looks like OP left conversation long ago and we are benefitting by being able to vent

but post may as well be deleted as OP does not want real advice and our help

I think the OP left yes but his USC wife is here under Boss##