IR1 Visa refusal

[geowrian 22,335]

1 minute ago, adil-rafa said:

your wife can wait 6 or more months for the case to come back to the US and respond to the NOIR or NOID

but she will have to prove all that the CO determined was wrong

If the visa was only refused due to a public charge concern, the petition won't be returned to USCIS and no NOID or NOIR will be issued. That's only if they believe the petition is invalid (i.e. not a bona fide marriage).

[Jeanne Adil 1,651]

2 minutes ago, geowrian said:

If the visa was only refused due to a public charge concern, the petition won't be returned to USCIS and no NOID or NOIR will be issued. That's only if they believe the petition is invalid (i.e. not a bona fide marriage).

reading his posts i would believe CO saw it as not bonafide

he could not say how the friend (brother in law)died  if someone is close enough to me  to introduce me to my future spouse,  i would know how he died

he did not answer what her illness was  /he said surgery

she has not been back to visit /this is Ghana

in north Africa  we need multiple visits / he is married over 2 years IR1 and she has not returned in  that time meaning they did not meet the "within 2 year limit of the interview"  section

[ishmeal 4]

The petition is not send back to the state is held  at the embassy perminately until he provides additional docs to overcome the charge he need to talk to his lawyer by moving forward 

[Unlockable 7,306]

3 hours ago, ABDUL-HANAN said:

Well previously she made 19,000$ and coins and because she doesn’t not met the requirements that’s why the co sponsor.. so the question is why the co sponsor?? Any help to move his forward will do .. thanks really appreciate the insight 

I can see how this looks in the eyes of a CO.  $17k is very low for a household income. It was asked already, but what is the relationship between your wife and her cosponsor? Relative? Friend? Are they living in the same place.

 

As far as cosponsors go, they are to ensure that they can fill the gap financially, so to speak. But it isn’t like a cosponsor is going step up and start paying the rent, food, and utilities when you arrive. So you can see how a cosponsor may not be taken into consideration.

 

Contrarily, if your wife is sharing a residence with the cosponsor, then I can see how a CO would take that more into consideration because the cosponsor is actively contributing to the household.

[AfricanQ 241]

1. Ghana itself is a difficult embassy. 

2. Ur wife didnt visit u after marriage.

3. Her income is very low to even support herself.

4. The CO asked u again regarding why ur wife didnt visit u after the marriage ( u still didnt explain). 

5. U had no proof of her surgery.

6. U knw nothing abt the co sponsor 

7. U and ur wife didnt do any or enough research regarding this case or Ghana Embassy.

 

Like already mentioned, the CO didnt think the marriage was bonafide that's why the case was returned. If it was just the income, the CO would've  approved ur visa becuase she had a co sponsor yet her income in very low.... Rignt now, u will have to wait until it case is returned to the states n back to the Embassy for a 2nd interview and this can take over a year...during this wait, I'll suggest that ur wife make few more trips to Ghana, get a 2nd job and build ur case for the 2nd interview.

 

[Bayman 65]

how old are you if your wife is 47?

[geowrian 22,335]

I think people are jumping the gun. There’s no evidence the petition is being sent back to USCIS at this point in time. It’s certainly a possibility, but far from a known fact at this point.

 

Having a joint sponsor does not guarantee that you won’t be a public charge. The CO makes a decision based on the totality of the circumstances. Those circumstances are requested but not known at this time.

[Crazy Cat 39,227]

31 minutes ago, geowrian said:

I think people are jumping the gun. There’s no evidence the petition is being sent back to USCIS at this point in time. It’s certainly a possibility, but far from a known fact at this point.

 

Having a joint sponsor does not guarantee that you won’t be a public charge. The CO makes a decision based on the totality of the circumstances. Those circumstances are requested but not known at this time.

But I wonder why the OP didn't receive a 221 g asking for another joint sponsor? or some other remedy?

Edited February 16, 2019 by missileman

[geowrian 22,335]

12 minutes ago, missileman said:

But I wonder why the OP didn't receive a 221 g asking for another joint sponsor? or some other remedy?

That’s a good question. At the same time, that embassy has done it before. I’m just saying it’s premature to assume a cause of refusal other than one explicitly stated by the CO.

[JFH 12,189]

I’m interested to know how old the OP is and how long they have been married. They have been married at least 2 years but the question about children seemed an odd one considering his wife is 47. Age probably still can best children but who at 47 wants to? Especially if she’s already had a bunch of children.

 

 

[Cathi 5,610]

11 hours ago, adil-rafa said:

the bottom line is

the CO saw many reasons to deny the visa

you can not argue his decision 

your wife can wait 6 or more months for the case to come back to the US and respond to the NOIR or NOID

but she will have to prove all that the CO determined was wrong

and i appealed a denial which i won after a year   in  the Court of Appeals

and the court said "marriage is bona fida .,,,  reapply"

so you and your wife need to work on the things that the CO found inadmissible like i stated above and reapply

i am not against you 

telling you what i see as issues

i would not have approved the visa either

so,  make the necessary improvements so you have a chance at the next interview

 

and BTW  she needs one or more trips to be with you

He didn't get a NOIR. 

[kris&me 572]

The beneficiary was told the visa was not given

the fact mentioned above that he writes IR1 would mean married over 2 years

and not meeting the requirement of meeting within 2 years of the interview as she has not traveled there after marriage

isn't that right there a  reason to deny

47 now and after marriage at age 44 or 45 (as married over 2 years)  had a miscarriage???????

it is possible but not probable

CO's do look for the honest and true answers and some of what this man writes seems MADE UP just to answer a question

these issues raised by Adil rafa will have to be answered to get a visa

it is actually good advise to continue the process

     more visits

     know the USC better

     know about the person who introduced the OP to USC

with cosponsor making that income ,   that was not the Real issue

the way he responded and the fact they did not meet in last 2 years is

he needs to go a long way to prove things

and how old is the OP?

 

[JFH 12,189]

19 minutes ago, kris&me said:

P

and not meeting the requirement of meeting within 2 years of the interview as she has not traveled there after marriage

isn't that right there a  reason to deny

 

No. There is no requirement for spouses to have met within a certain time period prior to interview. Only K-1s have a two-year requirement and that’s prior to filing, not interview.

 

Whilst not having seen each other for more than 2 years would potentially raise an eyebrow as to whether the marriage is bona fide (most people would do whatever it takes to get to see each other - take a second job, borrow money from a family member, shop around for the cheapest flights, etc) that wasn’t the reason given for denial, per the OP. We don’t know what the surgery was that the wife had - could have been something small and routine, could have been huge like a multiple organ transplant or multiple limb amputation. Maybe her medical condition prevents her from flying? 

 

The public charge issue intrigues me. I have only seen that here or another forum (I can’t remeber which) once in the 6 years I have been involved in this process. And that was where the intending immigrant was a severely disabled child who required round-the-clock professional nursing care. It was overcome, however. The OP has not mentioned whether he has any serious health issues - and by his own admission he went to the interview alone and carried his papers with him, answered the questions, etc so he does not appear to be bedridden or in need of constant help . Whilst the wife clearly does not earn enough the support him, neither did my husband as he was unemployed for a period of time. But I was approved without even a 221(g) as we had a joint sponsor. Many people use a joint sponsor without issue. Maybe there is a problem with joint sponsors at the Ghana embassy? 

[mary&felipe 25]

Maybe someone else already said this but the Co-Sponsors income is 84K that doesnt mean that is what they declared in taxable income on line 21 of their tax return. You need to look at THAT # not their total annual income. I’m pretty sure that line after deductions, dependants etc isn’t 84K unless they make in the high 6 figures. 

[Crazy Cat 39,227]

18 minutes ago, mary&felipe said:

Maybe someone else already said this but the Co-Sponsors income is 84K that doesnt mean that is what they declared in taxable income on line 21 of their tax return. You need to look at THAT # not their total annual income. I’m pretty sure that line after deductions, dependants etc isn’t 84K unless they make in the high 6 figures. 

Actually, for affidavit of support, CURRENT income is not calculated using "deductions, dependents, etc."  The underlined statement below explains how current income is calculated.  Although, past tax filings are considered, current and future annual income is the most important factor, imo.

 

https://cliniclegal.org/resources/calculating-income-affidavit-support

 

"What is meant by current income?

One of the most important concepts to understand when completing the I-864 is that current income is what determines whether the sponsor satisfies the financial requirements. The income reported on prior tax returns is helpful and instructive, but probably only if the current income is more than what was reported on last year’s federal income tax return.

The instructions to the Form I-864 explain that the sponsor is to enter his or her “current individual, earned or retirement, annual income.” Enter “expected income for the current year.” This means calculating how much money the sponsor is anticipating earning for the calendar year “in which the intending immigrant filed the application for an immigrant visa or adjustment of status.” 8 CFR § 213a.2(c)(2)(ii)(A), (C). Start with the sponsor’s current salary and the amount of income he or she has earned to date, and then extrapolate until the end of the calendar year. Ask such questions as to whether the sponsor is:

• Planning to change jobs
• Anticipating being laid off or terminated
• Subject to seasonal fluctuations in employment or increase/reduction in number of hours
• Anticipating a salary increase or promotion
• Due for a normal end-of-year bonus
• Planning to take maternity or paternity or other paid/non-paid leave."

 

Edited February 17, 2019 by missileman