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

[pushbrk 12,103]

1 hour ago, JeanneAdil said:

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

Um, "Africa" is not a country.  However, this happens a lot all over the world.  Waiting for the NOIR is most likely what is going to be the result.  Deal with finding a new sponsor before that.

 

Consular Officers do not determine whether a petition is valid.  They can return the petition to USCIS with or without a recommendation to revoke the approval of the petition.

[geowrian 22,335]

2 hours ago, JeanneAdil said:

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

This is the same with any country on any continent.

There is no waiver for a refusal under the public charge issue. That's normal. The refusal needs to be overcome, not waived.

But that doesn't mean the petition will be returned at this time. Sure, eventually it will be (I think SOP is to hold it for about a year...? somebody correct me on that if it's inaccurate), but it is not returned simply because the visa was refused.

 

Best thing for the OP to do at this point is to find a new joint sponsor and submit an I-864.

[Nitas_man 3,100]

5 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?!

Department of state made their changes last year

[Nitas_man 3,100]

3 hours ago, geowrian said:

Just to clarify, that new public charge rule is for DHS, which covers USCIS. It's not yet entirely known how DOS will respond.

DOS made adjustments in their manuals last year

 

[pushbrk 12,103]

7 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?!

The bold above has not been correct during my 14 years of exposure to US Immigration visas.  It has always been a judgment call based on totality of circumstances available to be evaluated.  At the same time, it has always been true that failing to meet the guidelines, means no visa.  Meeting the minimums assures nothing.

[geowrian 22,335]

5 hours ago, geowrian said:

The refusal needs to be overcome, not waived.

Just to clarify the difference....I realize now that people might not catch the difference between those terms.

A waiver means you have the inadmissibility/ineligability but they are waiving (effectively ignoring) it. Like if you overstayed in the US and have a 10 year bar, they can waive that inadmissability with a proper waiver. Or if you have an objection to vaccinations and are denied on medical grounds, you can potentially waive the requirement in very limited circumstances.

Overcoming a refused visa means demonstrating that the inadmissibility or ineligibility does not apply or no longer applies. In the above examples, that would be by waiting out the 10 year bar, or getting the vaccinations.

 

In the case of being a public charge, there is no waiver - they simply cannot issue that type of visa to somebody who they believe is likely to become a public charge.

One must instead demonstrate that they are not likely to become a public charge. The most straightforward way to do so is via a new, suitable joint sponsor and with proper documentation of income/assets.

Edited August 31, 2019 by geowrian

[pushbrk 12,103]

2 hours ago, geowrian said:

Just to clarify the difference....I realize now that people might not catch the difference between those terms.

A waiver means you have the inadmissibility/ineligability but they are waiving (effectively ignoring) it. Like if you overstayed in the US and have a 10 year bar, they can waive that inadmissability with a proper waiver. Or if you have an objection to vaccinations and are denied on medical grounds, you can potentially waive the requirement in very limited circumstances.

Overcoming a refused visa means demonstrating that the inadmissibility or ineligibility does not apply or no longer applies. In the above examples, that would be by waiting out the 10 year bar, or getting the vaccinations.

 

In the case of being a public charge, there is no waiver - they simply cannot issue that type of visa to somebody who they believe is likely to become a public charge.

One must instead show demonstrate that they are not likely to become a public charge. The most straightforward way to do so is via a new, suitable joint sponsor and with proper documentation of income/assets.

Correct, but note that once refused on this basis, it is very important that the new joint sponsor has a good reason to be willing to act as sponsor, a good enough reason and good enough qualifications to cause a Consular Officer to change their mind on the public charge issue.  They aren't really looking at how likely it is they can COLLECT from the sponsor, but how likely it is there will ever be a need to.

[geowrian 22,335]

1 minute ago, pushbrk said:

Correct, but note that once refused on this basis, it is very important that the new joint sponsor has a good reason to be willing to act as sponsor, a good enough reason and good enough qualifications to cause a Consular Officer to change their mind on the public charge issue.  They aren't really looking at how likely it is they can COLLECT from the sponsor, but how likely it is there will ever be a need to.

Very true

[damola_onaf1 0]

16 hours ago, Nitas_man said:

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.  

 

We are now 4 household members including myself, so yes i am the third person..

 

And yes i have a good skill set and i am educated with a degree..

 

[damola_onaf1 0]

15 hours ago, JFH said:

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

Immigration alone.

[damola_onaf1 0]

9 hours ago, JeanneAdil said:

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. 

 

She sponsored only her 2 children.. 

[damola_onaf1 0]

1 hour ago, pushbrk said:

Correct, but note that once refused on this basis, it is very important that the new joint sponsor has a good reason to be willing to act as sponsor, a good enough reason and good enough qualifications to cause a Consular Officer to change their mind on the public charge issue.  They aren't really looking at how likely it is they can COLLECT from the sponsor, but how likely it is there will ever be a need to.

And so what will you advise to be our next line of action?

 

Thanks for your time...🙏

[Just Paul 4,591]

4 minutes ago, damola_onaf1 said:

And so what will you advise to be our next line of action?

 

Thanks for your time...🙏

Prepare for the NOIR by finding a better qualified joint sponsor.

[pushbrk 12,103]

5 minutes ago, damola_onaf1 said:

And so what will you advise to be our next line of action?

 

Thanks for your time...🙏

The only thing you can do is get a more qualified joint sponsor.  You could include your own C/V as a supporting document so they can evaluate how likely you are to be able to support yourself and your family.

[Nitas_man 3,100]

1 hour ago, damola_onaf1 said:

And so what will you advise to be our next line of action?

 

Thanks for your time...🙏

Maybe she could live in and you could support her in Nigeria