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

[JeanneAdil 6,220]

1 hour ago, Boiler said:

 

This is a family based petition.

i went by a post in her profile that said CR1

[Nitas_man 3,100]

16 hours ago, JoyFl said:

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. 

We? 

Both incomes were US income or is his income generated in Mexico?

Whose mandatory at that time US health insurance were the 5 children on?

[BrendyLee 5]

20 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? 

That day was a bad day at the consulate. My husband too had his interview that day but was given a 221g form. After they interviewed him, they asked him to bring me... then once there they focused their attention on me, and questioned my citizenship despite my passport and birth certificate. They made me do an oath and sign papers related to my parentage. They still didn’t believe me and told me to send more evidence to an email given to me in a white sheet.. we have been here in Juarez waiting for a response. It’s very frustrating. I hope we can get by with this soon as I am pregnant with our first baby and want him home with me. 

[little immigrant 800]

12 hours ago, N-o-l-a said:

 

That alone is cringe-worthy. 

 

12 hours ago, carmel34 said:

Not to mention the grammatical errors.

I thought I was the only one who noticed it but didn't dare to point it out since English isn't my first language either

[Boiler 43,592]

I just assumed it was some American dialect.

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

15 minutes ago, Boiler said:

I just assumed it was some American dialect.

 

An American dialect of poor grammar and run-on sentences?  🤣

 

Lawyers should need to do well in composition classes before graduating from law school. 

[kris&me 572]

good  points

he held an emergency visa for work himself not a business visa 

and he has a business?

and the money earned is for the business or family income?

if business and as you say his business has 4 contracts and workers,   what part of that $70,000 is paid out for their wages and federal taxes and state taxes , their social security, and their medicare,  small business health care and what the part employers pay into for unemployment insurance

plus all the other business expenses 

this could be why the income was not good enough during the interview

[JoyFl 2]

8 hours ago, kris&me said:

good  points

he held an emergency visa for work himself not a business visa 

and he has a business?

and the money earned is for the business or family income?

if business and as you say his business has 4 contracts and workers,   what part of that $70,000 is paid out for their wages and federal taxes and state taxes , their social security, and their medicare,  small business health care and what the part employers pay into for unemployment insurance

plus all the other business expenses 

this could be why the income was not good enough during the interview

The 70k is his income aside that his business. But the agent did not want to see it since it was a 2019 income. So that’s where it goes back to why would I apply for benefits for my husband if I have never done so, nor I plan. But anyways my question was if anyone has gone through or similar process how long is taking to re apply for a I-601 waiver

[JoyFl 2]

11 hours ago, Nitas_man said:

We? 

Both incomes were US income or is his income generated in Mexico?

Whose mandatory at that time US health insurance were the 5 children on?

This is US income. I am a US petitioning my spouse of 12 years. 

[Boiler 43,592]

4 minutes ago, JoyFl said:

The 70k is his income aside that his business. But the agent did not want to see it since it was a 2019 income. So that’s where it goes back to why would I apply for benefits for my husband if I have never done so, nor I plan. But anyways my question was if anyone has gone through or similar process how long is taking to re apply for a I-601 waiver

Many have gone through the I 601 process and have posted on here, seems to be currently taking up to a year, a bit of a guess looking into the future, these things can and do change. Over the last 10 years or so about a year is a good estimate.

[Nitas_man 3,100]

5 hours ago, JoyFl said:

This is US income. I am a US petitioning my spouse of 12 years. 

What’s the 601 waiver for again?  

You never mentioned where that health insurance for those 5 children was coming from.  

[Nitas_man 3,100]

6 hours ago, JoyFl said:

The 70k is his income aside that his business. But the agent did not want to see it since it was a 2019 income. So that’s where it goes back to why would I apply for benefits for my husband if I have never done so, nor I plan. But anyways my question was if anyone has gone through or similar process how long is taking to re apply for a I-601 waiver

https://www.ilrc.org/sites/default/files/resources/consul_process_pract_alert_pub_charge_affid-20180702.pdf

 

Read this carefully.  It is an ILRC alert issued in 2018 that explicitly describes your husband’s case.  He was evidently sent to interview unprepared.

 

Unless you clearly and honestly identify what aspect of potential public charge that has to be overcome what makes you believe the next interview will end up any differently?

 

Again:  What matters is YOUR income this and last year.  If you or he or one of your children were to experience a medical emergency how would it be paid?  The rest of us have to show that we can support our immigrant spouses, not that someday in the future they might be able to support themselves.  These things are now being taken into account.  Dont want to answer here?  It’s OK.  But it will have to be addressed at the next interview.

 

Otherwise It is deeply offensive to imply that your husband, who is currently inadmissible, can now claim US income for the purpose of filling out a support affidavit.  Rules are simple.  You are his sponsor, and he is allowed to have a co-sponsor.  That’s it.  His income is zero unless you own and operate the business and your ownership results in taxable household income.  Those rules apply to your household and they applied to mine.

 

Feedback:  Your lawyer is a barely literate idiot.  That probably didn’t help.

 

A new I-601 takes 6 months to one year.  Good luck.  

[Nitas_man 3,100]

6 hours ago, JoyFl said:

This is US income. I am a US petitioning my spouse of 12 years. 

Healthcare?  Who pays it?  It was mandatory until last year.

[JoyFl 2]

3 hours ago, Nitas_man said:

https://www.ilrc.org/sites/default/files/resources/consul_process_pract_alert_pub_charge_affid-20180702.pdf

 

Read this carefully.  It is an ILRC alert issued in 2018 that explicitly describes your husband’s case.  He was evidently sent to interview unprepared.

 

Unless you clearly and honestly identify what aspect of potential public charge that has to be overcome what makes you believe the next interview will end up any differently?

 

Again:  What matters is YOUR income this and last year.  If you or he or one of your children were to experience a medical emergency how would it be paid?  The rest of us have to show that we can support our immigrant spouses, not that someday in the future they might be able to support themselves.  These things are now being taken into account.  Dont want to answer here?  It’s OK.  But it will have to be addressed at the next interview.

 

Otherwise It is deeply offensive to imply that your husband, who is currently inadmissible, can now claim US income for the purpose of filling out a support affidavit.  Rules are simple.  You are his sponsor, and he is allowed to have a co-sponsor.  That’s it.  His income is zero unless you own and operate the business and your ownership results in taxable household income.  Those rules apply to your household and they applied to mine.

 

Feedback:  Your lawyer is a barely literate idiot.  That probably didn’t help.

 

A new I-601 takes 6 months to one year.  Good luck.  

We have our own private insurance. The Consular officer made an assumption that we would be a public charge only. I gathered as much evidence and mailed it in to prove that this is not the case. We are just hoping for the best, the Nvc has all this evidence already. I just couldn’t believe the Officer wouldn’t just ask for my husband to take him back evidence, he just automatically revoked the 601a waiver and asked for the affidavit of support be from a family member, when it is not a requirement. 

[JoyFl 2]

3 hours ago, Nitas_man said:

https://www.ilrc.org/sites/default/files/resources/consul_process_pract_alert_pub_charge_affid-20180702.pdf

 

Read this carefully.  It is an ILRC alert issued in 2018 that explicitly describes your husband’s case.  He was evidently sent to interview unprepared.

 

Unless you clearly and honestly identify what aspect of potential public charge that has to be overcome what makes you believe the next interview will end up any differently?

 

Again:  What matters is YOUR income this and last year.  If you or he or one of your children were to experience a medical emergency how would it be paid?  The rest of us have to show that we can support our immigrant spouses, not that someday in the future they might be able to support themselves.  These things are now being taken into account.  Dont want to answer here?  It’s OK.  But it will have to be addressed at the next interview.

 

Otherwise It is deeply offensive to imply that your husband, who is currently inadmissible, can now claim US income for the purpose of filling out a support affidavit.  Rules are simple.  You are his sponsor, and he is allowed to have a co-sponsor.  That’s it.  His income is zero unless you own and operate the business and your ownership results in taxable household income.  Those rules apply to your household and they applied to mine.

 

Feedback:  Your lawyer is a barely literate idiot.  That probably didn’t help.

 

A new I-601 takes 6 months to one year.  Good luck.  

Yes!! I have read the link before, the last paragraph is exactly what we did. This is happening more and more everyday in CDJ. Just be prepared people.