please help approved then refused pending more information staus still says refused

[SalishSea 16,784]

12 hours ago, Boiler said:

London allows you to self sponsor a K1, the simplest solution.

Probably not a realistic option if the beneficiary cannot get a job, for whatever reason, and is nearly homeless.

[JFH 12,189]

8 hours ago, Ash. said:

Possible that things are changing with that now.

And rightly so. I have never understood why CR-1/IR-1 people have to provide stronger evidence (by means of a legally enforceable I-864 showing at least 125% of the poverty level being met) of not being a public charge when they are able to work from day 1. But fiancés, who won’t be able to work for months, have been approved with sponsors barely making 100% or even through self-sponsoring (as has previously been the case - and may still be the case - in London).

 

We had to have a joint sponsor for my CR-1 despite me having a job offer in writing (pending outcome of the visa application process) with a salary 4 times the 125% poverty level for our household size. I started that job less than 2 weeks after I arrived and I’m still there now, making close to 6 times the 125% poverty level for our household size but the I-864 still stands, I actually make more than the joint sponsor in real terms (his gross salary is higher than mine but he has a wife and 5 children to feed, whereas we have no children). 

[JFH 12,189]

1 minute ago, Jorgedig said:

Probably not a realistic option if the beneficiary cannot get a job, for whatever reason, and is nearly homeless.

I thought maybe the “nearly homeless” referred to having sold their house or apartment and having to move out soon because she believed she would be moving soon. But it could mean “unable to afford somewhere to live”. 

[SalishSea 16,784]

1 minute ago, JFH said:

And rightly so. I have never understood why CR-1/IR-1 people have to provide stronger evidence (by means of a legally enforceable I-864 showing at least 125% of the poverty level being met) of not being a public charge when they are able to work from day 1. But fiancés, who won’t be able to work for months, have been approved with sponsors barely making 100% or even through self-sponsoring (as has previously been the case - and may still be the case - in London).

Same here.  I don't understand why the I-134 is even used, as it is unenforceable.  If the expectation is that one applies for AOS almost immediately after arriving, timing-wise, requiring the I-864 at the consulate interview makes far more sense anyway.

[Ash.1101 1,755]

11 minutes ago, JFH said:

And rightly so. I have never understood why CR-1/IR-1 people have to provide stronger evidence (by means of a legally enforceable I-864 showing at least 125% of the poverty level being met) of not being a public charge when they are able to work from day 1. But fiancés, who won’t be able to work for months, have been approved with sponsors barely making 100% or even through self-sponsoring (as has previously been the case - and may still be the case - in London).

 

We had to have a joint sponsor for my CR-1 despite me having a job offer in writing (pending outcome of the visa application process) with a salary 4 times the 125% poverty level for our household size. I started that job less than 2 weeks after I arrived and I’m still there now, making close to 6 times the 125% poverty level for our household size but the I-864 still stands, I actually make more than the joint sponsor in real terms (his gross salary is higher than mine but he has a wife and 5 children to feed, whereas we have no children). 

I agree. The I-864 is tied to the green card no matter what, so I see the point of that. Basically I guess the rule is, you have a green card, you have to have a sponsor that meets the criteria.

I want to say they want more proof from spousal visas simply because they believe if you are married, you SHOULD have more  proof than anyone else. BUT It's also a pride thing where I think USCIS assumes if a USC marries and comes back to the US while the spouse lives in another country, it's because the USC can afford it, whereas it may be opposite.

They probably also chalk K-1 up to "Well you technically -CAN- apply for EAD while on K-1" regardless if it's SO pointless and inefficient to do it.

I don't think K-1 should be able to self sponsor unless they have like over 100k USD just sitting in their bank, it would have to be an obscene amount of money, and I think they all should have to meet 125% no matter what. There's no point of approving someone with 100% when they don't make the 125% because when AOS comes they either put it off because they can't afford it or because they can't find a cosponsor.

[geowrian 22,335]

26 minutes ago, Jorgedig said:

Same here.  I don't understand why the I-134 is even used, as it is unenforceable.  If the expectation is that one applies for AOS almost immediately after arriving, timing-wise, requiring the I-864 at the consulate interview makes far more sense anyway.

Requiring an I-864 for a non-immigrant would require changes to the law to even hold a chance of being enforceable. As-is, the I-864 can only apply to those who will become an LPR, whereas a K-1 does not explicitly require that somebody will or even intends to do so (some people do use it to just marry in the US then leave...for whatever personal reasons).

The I-134 is used as just one tool for the public charge determination. The real issue is that the I-134 is evaluated so differently  (or even not required in some cases) across countries. The COs in some countries don't take it seriously.

[tracey deollos 14]

6 hours ago, Jorgedig said:

How will the two of you manage in the US in that case?  It isn't cheap to live here, and there are far fewer social welfare programs than in the UK.  Health care, for example.  Have you thought about how you will afford that if your fiancé is subsisting so close to the poverty line and you cannot work?

my partner is disabled but he actually does work. his income  is more than the required amount  , it is I that have not been working for the last 4 weeks and my partner is supporting me , I do intend to get a job and work . I have never used the  benefit system and dont intend to. this was not my topic of conversation . our solicitor has given us false information and has done the paper work wrong. we are hoping to correct it with joint sponser. 

[tracey deollos 14]

7 hours ago, JFH said:

I thought maybe the “nearly homeless” referred to having sold their house or apartment and having to move out soon because she believed she would be moving soon. But it could mean “unable to afford somewhere to live”. 

yes I believed I was going to marry my bloke when embassy said approved , no one said this could happen so I was getting ready to leave when the visa arrived. it took 7 days for the embassy to email me. I was staying at a friends house. so please dont judge me. 

[tracey deollos 14]

7 hours ago, Jorgedig said:

Probably not a realistic option if the beneficiary cannot get a job, for whatever reason, and is nearly homeless.

yes I believed I was going to marry my bloke when embassy said approved , no one said this could happen so I was getting ready to leave when the visa arrived. it took 7 days for the embassy to email me. I was staying at a friends house. so please dont judge me. 

[Ash.1101 1,755]

5 hours ago, tracey deollos said:

yes I believed I was going to marry my bloke when embassy said approved , no one said this could happen so I was getting ready to leave when the visa arrived. it took 7 days for the embassy to email me. I was staying at a friends house. so please dont judge me. 

This is one of my biggest pet peeves. 

 

A lot lot of people will say things like London doesn’t care or “as long as they meet the minimum that’s all that matters”

 

in reality all COs can use their discretion. My mom was our original cosponsor for K-1. I hadn’t been working due to taking care of my disabled daughter so we knew we needed a cosponsor. We thought we would be fine because people kept saying “as long as your cosponsor makes enough you’ll be fine.”

 

my mom made a few thousand over what was needed but the CO asked for ANOTHER cosponsor due to my not working. We had a total of three filled out I-134s for our K-1 visa.

 

so yea I agree that the lackadaisical advice saying everyone will be fine and never mentioning that COs have complete discretion and it can take as much as a bad feeling to have the CO ask for a cosponsor even if your fiancé or spouse makes enough is def harming the community.

 

i will say though people are mentioning it more and more but it seems it’s because more and more people are falling to 221gs based on CO discretion.

[Crazy Cat 39,293]

5 hours ago, tracey deollos said:

I believed I was going to marry my bloke when embassy said approved

Unfortunately, Consulate Officers sometime speak too soon.....every case is reviewed after the interview, and several things can result from that review:

1.  Issuance

2.  221g for more documents/evidence

3.  Administrative Processing

4.  Denial/Return to USCIS

Edited June 11, 2019 by missileman

[Boiler 43,485]

15 hours ago, Ash. said:

I agree. The I-864 is tied to the green card no matter what, so I see the point of that. Basically I guess the rule is, you have a green card, you have to have a sponsor that meets the criteria.

I want to say they want more proof from spousal visas simply because they believe if you are married, you SHOULD have more  proof than anyone else. BUT It's also a pride thing where I think USCIS assumes if a USC marries and comes back to the US while the spouse lives in another country, it's because the USC can afford it, whereas it may be opposite.

They probably also chalk K-1 up to "Well you technically -CAN- apply for EAD while on K-1" regardless if it's SO pointless and inefficient to do it.

I don't think K-1 should be able to self sponsor unless they have like over 100k USD just sitting in their bank, it would have to be an obscene amount of money, and I think they all should have to meet 125% no matter what. There's no point of approving someone with 100% when they don't make the 125% because when AOS comes they either put it off because they can't afford it or because they can't find a cosponsor.

London just seem to look for enough to cover the 90 days, that has been the case for as long as I can remember and have seen nothing to suggest otherwise.

[tracey deollos 14]

today my status did change from refused to application received. and my lawyer emailed embassy and they told her that it is now ready for review but they can not give me any indication how long it will take. but today I have hope seeing that refused sigh gone please please prey it changes to issued , my love one returned to usa after 5 weeks with me and my heart is in bits.thanks to you all for giving me a better understanding of how this all works , I just wished I had researched a little more to see that when you get approved at your interview you can still get a refused notice via email. its heart breaking as some of you only to well.

[tracey deollos 14]

On 6/10/2019 at 12:11 PM, tracey deollos said:

hello in in England I had my interview and was approved on 24th may the chap said go celebrate everything was in order and await my visa.  6 days later I had email saying refused pending more information. They said my partner did not make enough to bring me over to usa and get married. we had a lawyer do all our paper work and assured us they would take in to consideration his ssi along with is work wages wich both combined made over 3.000 more than required.

 I was all set to leave and knowing I would never have to say goodbye to my love one again they have asked for additional income monies from house savings bonds ect which we can not submit as there is no more resources so we was told by our solicitor to get a sponser which I did and have summited new forms w2 ect I checked status today and it has gone from yellow refused to blue refused. with todays date on it. does that realy mean we are officialy refused or is there still hope like the other cases I read about that it is just because they have looked at my case , how will I know when I have been refused 100 per cent , im st destressed I cant get a job and I am almost homeless. please some one help me. 

 

[Crazy Cat 39,293]

1 minute ago, tracey deollos said:

 

As I stated in an earlier post, Administrative Processing was a possibility.  Next status will probably be "issued", another 221g, or a refusal.......Hopefully, you will see "issued" soon.........