Spouse denial due to potential public charge and now our waiver is revoked.

[JoyFl 2]

I need to know if anyone has gone through this. 

 

We had our interview in Cuidad Juarez on Tuesday, July 30th 2019. I believed everything was fine I have been married for 12 years. We have 5 US citizen children. We had a clean case as I thought. On the day off the interview my husband went in and came out 4hrs lates disappointed due to his denial, I couldn’t believe it I reviewed his Blue paper they gave him. He was denied because the agent believed he would be a public charge to the US. But why?? My husband makes enough money I have never asked for government assistance. My husband did not have the chance to explain himself with the agent. Now not only that once your visa is not approved for the public charge your 601 waiver is automatically revoked. We now have to wait to request a new one in Mexico. I decided to print out bank statements, check stubs, got letter from my husbands employer and I my attorney wrote a letter explaining that it’s bogus and he went by what he believed not by the facts. Now while waiting for an answer from the US Consulate, I am working on the waiver just in case the proof of evidence don’t work I have the waiver ready. 

 

Now has has anyone had went through this?? If so, what was the wait time for the new waiver? 

[wisedog 58]

If you don't mind me asking: out of curiosity, how much does your husband make and what is your total household income? There's a lot of discussion around risk for public charge oflate. The govt is trying to change the rule on what "public charge" means, so I am wondering whether that played into your husband's denial

[databit 328]

1 hour ago, JoyFl said:

My husband makes enough money I have never asked for government assistance.

But did Medicaid ever pay for any emergency treatments for him? Did his past and now his present jobs provide health insurance? Did you access Medicaid for prenatal care? Childbirth?

[Jaret&Rachael 106]

Keeping in mind that you have 5 US citizen children: Are you, your spouse and your children the only people in the household? Are you currently living in the United States? Do YOU (as the petitioner) meet the minimum income requirement for the number of people in your household? Have you made enough for the past 3 tax years?

These may be answers to the question of  your husbands denial due to "public charge."  In the eyes of the US government, you might not make enough to potentially support your husband, yourself, and all 5 of your children, plus whoever may be living with you additionally within your household.

[JoyFl 2]

2 hours ago, wisedog said:

If you don't mind me asking: out of curiosity, how much does your husband make and what is your total household income? There's a lot of discussion around risk for public charge oflate. The govt is trying to change the rule on what "public charge" means, so I am wondering whether that played into your husband's denial

2016 we made 50k, 2017 we made 72k and 2018 we made 40k, it was less since I’m 2018 I stopped working. But my husband this year in 7 months already made over 70k and we have the proof of it but the agent did not want to see it. Our sponsor had made 54k in 2018 and she was  not eligible and he did not give a reason why not. 

[JoyFl 2]

1 hour ago, databit said:

But did Medicaid ever pay for any emergency treatments for him? Did his past and now his present jobs provide health insurance? Did you access Medicaid for prenatal care? Childbirth?

Not at all, he had not ever been in a hospital nor my children. I did apply for medical for my pregnancy but mind you this was a while back my last pregnancy was on 2010

[JoyFl 2]

1 hour ago, Jaret&Rachael said:

Keeping in mind that you have 5 US citizen children: Are you, your spouse and your children the only people in the household? Are you currently living in the United States? Do YOU (as the petitioner) meet the minimum income requirement for the number of people in your household? Have you made enough for the past 3 tax years?

These may be answers to the question of  your husbands denial due to "public charge."  In the eyes of the US government, you might not make enough to potentially support your husband, yourself, and all 5 of your children, plus whoever may be living with you additionally within your household.

Yes we are the only people living in the household, yes we live in the states, we own our property as well. We did qualify for the 2016, 2017 taxes but the 2018 we were under by 9k. That’s why we took a sponsor, but the agent qualify my husband as a potential public charge. My husband had check stubs, bank  statements and a work letter stating how much he makes how long he has been working there and that he has a stable job as well, mind you he is a sub contractor of which he has 4 contracts right now with this company and when he tried to show this to the agent he wouldn’t see it because since the interview started he made it clear to my husband he only wanted to see what he asked for and he wouldn’t see anything else. 

[belinda63 2,981]

But your spouse was not authorized to work so his income doesn't count.

[JoyFl 2]

Just now, belinda63 said:

But your spouse was not authorized to work so his income doesn't count.

Yes he did have work authorization for 5 years. 

[JoyFl 2]

4 hours ago, JoyFl said:

I need to know if anyone has gone through this. 

 

We had our interview in Cuidad Juarez on Tuesday, July 30th 2019. I believed everything was fine I have been married for 12 years. We have 5 US citizen children. We had a clean case as I thought. On the day off the interview my husband went in and came out 4hrs lates disappointed due to his denial, I couldn’t believe it I reviewed his Blue paper they gave him. He was denied because the agent believed he would be a public charge to the US. But why?? My husband makes enough money I have never asked for government assistance. My husband did not have the chance to explain himself with the agent. Now not only that once your visa is not approved for the public charge your 601 waiver is automatically revoked. We now have to wait to request a new one in Mexico. I decided to print out bank statements, check stubs, got letter from my husbands employer and I my attorney wrote a letter explaining that it’s bogus and he went by what he believed not by the facts. Now while waiting for an answer from the US Consulate, I am working on the waiver just in case the proof of evidence don’t work I have the waiver ready. 

 

Now has has anyone had went through this?? If so, what was the wait time for the new waiver? 

This is a letter my attorney made for me to send in with the new sponsor and all the paperwork my husband had proving that he is well making over the 125% over puberty level 

 

 

Edited August 3, 2019 by JoyFl

[Boiler 43,437]

I am sure I am not alone in making certain assumption due to the significant lack of information, I also know that on VJ we do not judge.

 

You said he was working in the US legally so why did he not adjust status in the US, you said he went to CDJ.

 

 

[JoyFl 2]

4 minutes ago, Boiler said:

I am sure I am not alone in making certain assumption due to the significant lack of information, I also know that on VJ we do not judge.

 

You said he was working in the US legally so why did he not adjust status in the US, you said he went to CDJ.

 

 

Oh ok. In 2011 my husband was detained by immigration but he was released by own recognition that’s when I submitted the petition and he was approved so basically he had two cases open up until the appointment to Cuidad Juarez came in. Before we left we went to court and close that case because you can’t go to CDJ with a pending case in the US. The agent in Juarez was aware of the case because he asked my husband for the paperwork from the court that that case was already closed. So the agent knew that he did have a work permit to work because the court papers have the work authorization paperwork that my husband had applied for. 

[Boiler 43,437]

That did not really answer my question, so let me see of we can pin this down. how did he get work authorisation, for example through DACA?

[JoyFl 2]

25 minutes ago, JoyFl said:

Oh ok. In 2011 my husband was detained by immigration but he was released by own recognition that’s when I submitted the petition and he was approved so basically he had two cases open up until the appointment to Cuidad Juarez came in. Before we left we went to court and close that case because you can’t go to CDJ with a pending case in the US. The agent in Juarez was aware of the case because he asked my husband for the paperwork from the court that that case was already closed. So the agent knew that he did have a work permit to work because the court papers have the work authorization paperwork that my husband had applied for. 

In the immigration court while you are in process you are authorized to get a C11 work authorization permit. 

Edited August 3, 2019 by JoyFl

[Boiler 43,437]

OK I think I know where we are.

 

You can not use your Husbands income, he is not work authorised in the US.

 

So you need a Joint Sponsor as it sounds like you do not have any income. Or savings?

 

The letter mentioned a Joint Sponsor, may well depend on how they viewed the Joint Sponsor bearing in mind your Husband has a Wife and 5 Children to take care of.

 

I have come across a similar is case but there the US family was on benefits. And the Husbands income potential was limited.

 

For Sponsors they look at current earnings, past income relates to tax filing.