CR-1/IR-1 Refused under section 212(a)(4)

[damola_onaf1 0]

Hello VJ members  

        My wife petitioned CR-1/IR-1 visa for me and i had my interview on 30th of May 2019, and the VO told me that my wife income was not enough because she already sponsored 3 other person and i need to submit a joint affidavit of support, and i did submit a joint sponsor affidavit on the 17th of June 2019 and after that i got a response from the embassy on the 25th of July to submit my international passport and a form I-864 completed by the petitioner and a copy of the petitioner's IRS generated 2018 tax transcript and a copy of join sponsor's IRS generated tax transcript, which i submitted on the 20th of August and i got a refusal worksheet on the 26th of August.

 

Please i need help from anyone with experience.. Thanks.  

 

 

 

[geowrian 22,335]

* Moved form IR-1/CR-1 Progress Reports to P&P *

 

It's hard to say much here without the details:

• What exactly what submitted from each sponsor (besides the I-864)?
• For each sponsor, are they self-employed or do they get a W-2?
• What is the household size of each sponsor?
• What are the incomes of each sponsors (ballpark - exact numbers not needed...just trying to get an idea if we're talking like under/barely over/well over the minimum income levels)?
• What area/region of the US do the sponsors live in?
• What is the relationship of the joint sponsor to the petitioner?
• What country did you interview in?
• Are there any negative factors to believe you may become a public charge? COs look at the totality of the circumstances, but some general criteria is in the FAM: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

[damola_onaf1 0]

• What exactly what submitted from each sponsor (besides the I-864)?                                                                                                                                                                                 I did submit passport data page and pay stub for my wife and our joint sponsor.
• For each sponsor, are they self-employed or do they get a W-2?                                                                                                                                                                                         They are not self employed but they got a W-2                                                               
• What is the household size of each sponsor?                                                                                                                                                                                                                             my wife's household size is 4 and our joint sponsor household size is 1
• What are the incomes of each sponsors (ballpark - exact numbers not needed...just trying to get an idea if we're talking like under/barely over/well over the minimum income levels)?                                                                                                                                                                                                                                                                                 My wife's annual income is 27k and our joint sponsor is 33k
• What area/region of the US do the sponsors live in?                                                                                                                                                                                                                   Both living in Ohio
• What is the relationship of the joint sponsor to the petitioner?                                                                                                                                                                                                 Our joint sponsor is a family friend                              
• What country did you interview in?                                                                                                                                                                                                                                                 Lagos, Nigeria.                                                                                                                                                                                                          
• Are there any negative factors to believe you may become a public charge? COs look at the totality of the circumstances, but some general criteria is in the FAM: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2                                                                                                                                                                   No i don't think so..

[Nitas_man 3,100]

Did you say she already sponsored 3 other people?

[damola_onaf1 0]

4 minutes ago, Nitas_man said:

Did you say she already sponsored 3 other people?

No she sponsor 2 people already, and they are currently in the process to naturalize. 

[kiwibean 42]

It almost seems like they missed the joint sponsor information.  I agree that your wife's income alone was probably pushing it ($25K at 100% or $32k at 125% for a household of 4).  But adding in a joint sponsor with an income of $33k and a household size of 1 seems like it would be enough.

[geowrian 22,335]

3 hours ago, damola_onaf1 said:

• What exactly what submitted from each sponsor (besides the I-864)?                                                                                                                                                                                 I did submit passport data page and pay stub for my wife and our joint sponsor.
• For each sponsor, are they self-employed or do they get a W-2?                                                                                                                                                                                         They are not self employed but they got a W-2                                                               
• What is the household size of each sponsor?                                                                                                                                                                                                                             my wife's household size is 4 and our joint sponsor household size is 1
• What are the incomes of each sponsors (ballpark - exact numbers not needed...just trying to get an idea if we're talking like under/barely over/well over the minimum income levels)?                                                                                                                                                                                                                                                                                 My wife's annual income is 27k and our joint sponsor is 33k
• What area/region of the US do the sponsors live in?                                                                                                                                                                                                                   Both living in Ohio
• What is the relationship of the joint sponsor to the petitioner?                                                                                                                                                                                                 Our joint sponsor is a family friend                              
• What country did you interview in?                                                                                                                                                                                                                                                 Lagos, Nigeria.                                                                                                                                                                                                          
• Are there any negative factors to believe you may become a public charge? COs look at the totality of the circumstances, but some general criteria is in the FAM: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2                                                                                                                                                                   No i don't think so..

Thanks! A few notes:

• And the tax returns I'm assuming (as that was noted in the original post). The pay stub(s) would be evidence of current income. I'm more inclined to believe they had enough documentation of the income but did not believe it was enough to make the CO believe they would not become a public charge.
• Thanks
• This doesn't seem accurate. The original post said she sponsored 3 others, so her household size would be at least 5 now. Or was that a typo (I see your post above saying 2 others)? Any kids? As for the joint sponsor, it cannot be 1. The lowest possible household size on an I-864 is 2. It's always at least the sponsor + the person being sponsored.
• I think the $33k of the joint sponsor was just insufficient for the CO. I think it's time to find a new joint sponsor to overcome this issue.
• Thanks
• A close family friend that the petitioner has known for many years? While any USC or LPR domiciled in the US can be a joint sponsor, the CO has to consider (per the FAM link previously) the likelihood that the sponsor would actually provide support if needed. Like, if you later divorced, would they actually help ensure that the visa applicant did not require public assistance (means-tested benefits really)? With a family friend, unless there is a very strong relationship, I think that is a tough sell.
• Nigeria is not known for being lenient on the I-864...they do want to see a pretty strong "not a public charge" case.
• Thanks

The long and short of it is that I really think a different joint sponsor is needed at this point. I wish I had better news, but that's my conclusion based on the items above.

The good news is denial under INA 212 (a)(4) is not permanent - it just needs to be overcome via a sufficient sponsor still.

 

1 minute ago, kiwibean said:

It almost seems like they missed the joint sponsor information.  I agree that your wife's income alone was probably pushing it ($25K at 100% or $32k at 125% for a household of 4).  But adding in a joint sponsor with an income of $33k and a household size of 1 seems like it would be enough.

Part of the issue is you cannot join income/assets across sponsors. They are viewed independently. So they really only looked at the $33k of the joint sponsor. Also, the household size of 1 is wrong.

[Nitas_man 3,100]

3 hours ago, damola_onaf1 said:

No she sponsor 2 people already, and they are currently in the process to naturalize. 

How many people, including you, are on her affidavit of support

Are you the 3rd?

How many, including you, were on the joint sponsor’s affidavit?

 

They dont just use the affidavit of support anymore.  They also look at your age, health, skills, assets, education, fluency in english....

 

Do you have any skills or assets or education that you are bringing into the marriage?  They seem to be scoring more factors than just the sponsor’s affidavit.  

 

Edited August 30, 2019 by Nitas_man

[JFH 12,189]

Are you immigrating alone or bringing any minor children with you? 

[Karim2018 99]

5 hours ago, Nitas_man said:

They dont just use the affidavit of support anymore.  They also look at your age, health, skills, assets, education, fluency in english....

Do you have any skills or assets or education that you are bringing into the marriage?  They seem to be scoring more factors than just the sponsor’s affidavit.  

 

Interesting! I agree that OP hasn't provided much details such as wife's income, etc... BUT aren't the other criteria you've mentioned above suppose to start weighing in after October 15th?! Since OP filed waaaay before that date, the main criterion (to determine the support issue) was and still is (till 10/15) the I-864. If you meet or exceed their "poverty guidelines", they should (technically) check the support box and consider support and 'public charge' to be a non-issue?!

Edited August 30, 2019 by Karim2018

[Karim2018 99]

13 hours ago, damola_onaf1 said:

Hello VJ members  

        My wife petitioned CR-1/IR-1 visa for me and i had my interview on 30th of May 2019, and the VO told me that my wife income was not enough because she already sponsored 3 other person and i need to submit a joint affidavit of support...

Ok, so 125% of HHS Poverty Guidelines for a household size of 3 is $26,662 . By how much is your wife exceeding that limit? Please ignore this post. I see that you've addressed my question already.

Edited August 30, 2019 by Karim2018

[geowrian 22,335]

2 hours ago, Karim2018 said:

Interesting! I agree that OP hasn't provided much details such as wife's income, etc... BUT aren't the other criteria you've mentioned above suppose to start weighing in after October 15th?! Since OP filed waaaay before that date, the main criterion (to determine the support issue) was and still is (till 10/15) the I-864. If you meet or exceed their "poverty guidelines", they should (technically) check the support box and consider support and 'public charge' to be a non-issue?!

Just to clarify, that new public charge rule is for DHS, which covers USCIS. It's not yet entirely known how DOS will respond. But they have always been allowed to look at the totality of the circumstances, and the criteria to do so is updated every so often. See the FAM linked above in this thread.

That said, there was an update sometime last year that has resulted in an increase in public charge decisions...more people who are borderline and probably would have been approved anyway are being denied (at least until they find a suitable sponsor).

Edited August 30, 2019 by geowrian

[JeanneAdil 6,190]

At this point you are refused saying a visa can not be issued now and there is not a waiver

so,  no help now to aid in the embassy decision

you will need to wait about 6 months for the documents to be returned to the USA and a NOIR/NOID issued.  there will be a compete explanation of this issue and any others what concerned the CO

when the USC gets that,   take note of the issues as addressed and ask here how to answer all issues

the NOIR/NOID has a limited time to answer,  so the USC must be "on the ball with her response to the issues backed up with proof regarding the same.

At that time she can submit proof of ideal income levels with proper Number of individuals. 

There will be other issued, I am almost sure of ,   so she will need to be prepared to follow up 

As you said the others she sponsored are in the process to naturalize and that will aid her with the income as when they are citizens,  she is released from the support order for them.

 

but ,  is part of the problem she sponsored 2 former bf's or spouse's. 

 

Edited August 30, 2019 by JeanneAdil

[geowrian 22,335]

6 minutes ago, JeanneAdil said:

you will need to wait about 6 months for the documents to be returned to the USA and a NOIR/NOID issued.  there will be a compete explanation of this issue and any others what concerned the CO

Ono what basis would the petition be returned? Or revoked (NOIR)? That only happens when the CO determines the petition is invalid.

[JeanneAdil 6,190]

Just now, geowrian said:

Ono what basis would the petition be returned? Or revoked (NOIR)? That only happens when the CO determines the petition is invalid.

it says refused with no waiver

this is how African countries say it is denied

if the USC corresponds with the embassy  ask her if packet is still there

Africa is not like other countries ,  they return petitions instead of saying get a new cosponsor as you can see,,   he was not asked for a new one or even told to submit additonal documents