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

[JoyFl 2]

11 minutes ago, Boiler said:

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.

Please read the rest of my posts. He is work authorized with a C11 category work permit 

[Boiler 43,770]

2 minutes ago, JoyFl said:

Please read the rest of my posts. He is work authorized with a C11 category work permit 

You said he is now in Mexico, he was work authorised, he no longer is.

 

[belinda63 2,981]

I believe that work authorization is no longer valid once his court case was closed. It is for temporary parole for emergency reasons or public interest. I am not even certain how he obtained it. Have you looked at his work permit to see if there is an expiration date?

Anyway I think Boiler has it right, you are unemployed, he is currently not employment authorized, you have five children. I don't know that any sponsor would pay your families expenses. How are you supporting yourselves now?

Parole--(c)(11). File Form I-765 with a copy of your Form I-94, passport, or other travel document showing you were paroled into the United States for urgent humanitarian reasons or reasons of significant public benefit (such as Cuban Family and Haitian Family Reunification Parole programs).

Edited August 4, 2019 by belinda63
Found the source in the instructions

[JoyFl 2]

35 minutes ago, Boiler said:

You said he is now in Mexico, he was work authorised, he no longer is.

 

Correct he is now stuck in Mexico awaiting for a response from the US consulate since I re submitted a I-601. 

[JoyFl 2]

3 minutes ago, belinda63 said:

I believe that work authorization is no longer valid once his court case was closed. It is for temporary parole for emergency reasons or public interest. I am not even certain how he obtained it. Have you looked at his work permit to see if there is an expiration date?

Anyway I think Boiler has it right, you are unemployed, he is currently not employment authorized, you have five children. I don't know that any sponsor would pay your families expenses. How are you supporting yourselves now?

His C11 work permit is still effective until 12/01/2019 he renewed it every year. We are currently supporting ourselves from our savings. My husband is a sub contractor and has his workers working at this time. He is just administrating everyone now from out here in Mexico. 

[Boiler 43,770]

Trying to avoid going around in circles.

 

You obviously have a lawyer, you went through the I 601a process, did you mean I 601 being resubmitted? Or I601a.

 

So assuming the issues is solely Public Charge how was this being approached, did you initially expect to be able to use his past earnings or where you going in with a Joint Sponsor.

 

 

[carmel34 3,538]

Since your husband is now outside the US and cannot enter without an approved spousal visa, he cannot sponsor himself.  You as the petitioner are the primary sponsor and you are unemployed so your combined income is zero.  Your only option is to get another joint sponsor.  Your attorney should be fired, clearly from the letter he or she does not understand US immigration.  Not to mention the grammatical errors.  Get a new joint sponsor and send a new I-864 from the joint sponsor with supporting documents including IRS tax transcripts.  Good luck!

[N-o-l-a 7,167]

32 minutes ago, carmel34 said:

 

 Not to mention the grammatical errors. 

 

That alone is cringe-worthy. 

[Liam2021 564]

Your husband income will not count since he's beneficiary and out of the State . You're as the petitioner  is the main sponsor, you will 100% need to get another join-sponsor since your income not meet the requirements. In addition, that attorney need to be fired.

[JoyFl 2]

3 hours ago, Boiler said:

Trying to avoid going around in circles.

 

You obviously have a lawyer, you went through the I 601a process, did you mean I 601 being resubmitted? Or I601a.

 

So assuming the issues is solely Public Charge how was this being approached, did you initially expect to be able to use his past earnings or where you going in with a Joint Sponsor.

 

 

I am filing a I-601 that’s what the US consulate want now since my I-601a has been revoked since he got a denial for potential public charge. 

 

Thats why I was asking if anyone has had a similar experience of their I-601 a being revoked and having to file one from Mexico, and how long did the process took. 

[JoyFl 2]

22 minutes ago, H&T said:

Your husband income will not count since he's beneficiary and out of the State . You're as the petitioner  is the main sponsor, you will 100% need to get another join-sponsor since your income not meet the requirements. In addition, that attorney need to be fired.

I did get another joint sponsor already, I have submitted the I-864. That’s what I am asking if anyone has gone through the a similar experience and if they did what was their wait time?

[belinda63 2,981]

According to the USCIS site current wait times for processing I-601 is 9.5 to 12 months.

[Boiler 43,770]

I was going to say a year would be a good estimation, not clear why a I 601 is needed.

[JeanneAdil 6,261]

12 hours ago, JoyFl said:

His C11 work permit is still effective until 12/01/2019 he renewed it every year. We are currently supporting ourselves from our savings. My husband is a sub contractor and has his workers working at this time. He is just administrating everyone now from out here in Mexico. 

he runs a business in the US with his C11 but immigration also looks at the following for accepting that income as proof

 

The government will also look to see if the business funds have been irrevocably committed, which means that the investors should be able to show that the money is actively in the project itself. Additionally, the small business plan must show that the proposed business will improve the local economy and not just provide for the investor's family. Previous success of a similar business can be a good way to demonstrate this. Improving the local economy can also be shown directly by the expected profits of the business, expected number of employees, and/or whether the investors have another source of income outside of the proposed business. The U.S. government will also look to see whether there is documentation that supports likely revenues of the proposed business. If the business is a franchise that is well known, profitability may be easier to demonstrate.

 

When you say he already earned over $70,000  is that the business earnings only ?   As there are business expenses to subtract from that like you say ,  his employees wages,  paying into SS,  paying into medicare,  providing health care insurance for them and his family

thus,  the $70,000 would only be business gross and very much lower for your family of 7 

[Boiler 43,770]

 

6 minutes ago, JeanneAdil said:

he runs a business in the US with his C11 but immigration also looks at the following for accepting that income as proof

 

The government will also look to see if the business funds have been irrevocably committed, which means that the investors should be able to show that the money is actively in the project itself. Additionally, the small business plan must show that the proposed business will improve the local economy and not just provide for the investor's family. Previous success of a similar business can be a good way to demonstrate this. Improving the local economy can also be shown directly by the expected profits of the business, expected number of employees, and/or whether the investors have another source of income outside of the proposed business. The U.S. government will also look to see whether there is documentation that supports likely revenues of the proposed business. If the business is a franchise that is well known, profitability may be easier to demonstrate.

 

When you say he already earned over $70,000  is that the business earnings only ?   As there are business expenses to subtract from that like you say ,  his employees wages,  paying into SS,  paying into medicare,  providing health care insurance for them and his family

thus,  the $70,000 would only be business gross and very much lower for your family of 7 

This is a family based petition.