Cr1 Visa Denial letter. what to do next ??

[LilyJ 1,258]

1 minute ago, MassJoe said:

Who's the OP?

OP means "original poster"; that's you

[NigeriaorBust 4,087]

Original Poster    We need to know more to offer good advise.   What are your red flags .  How old is she , how old are you ?   What work does she do, what do you do  ? 

 

[MassJoe 0]

2 minutes ago, LilyJ said:

OP means "original poster"; that's you

Okay.  What is the best thing to do right now?

[MassJoe 0]

1 minute ago, NigeriaorBust said:

Original Poster    We need to know more to offer good advise.   What are your red flags .  How old is she , how old are you ?   What work does she do, what do you do  ? 

 

She 58 and I'm 26. She's now working as a home health aid. I'm not working now. Use to work as a sales assistants,security guard and self employed 

[NigeriaorBust 4,087]

   That explains a bit,  they are probably worried that you are not going to stay in the marital relationship and may have trouble self supporting and end up on aid and that she would have nothing to collect from  

[Boiler 43,438]

How many of her children live at home? What income did she show?

[Duke & Marie 1,389]

23 minutes ago, MassJoe said:

She 58 and I'm 26. She's now working as a home health aid. I'm not working now. Use to work as a sales assistants,security guard and self employed 

I’m not sure about the USA but here, home health aids, don’t earn a considerable amount.. possibly that combined with your current employment status (inc past positions held) could raise concerns about the level of future joint income?

 

have you considered further training and education? Secondary education isn’t very high.. do you have a trade qualification? You said previously self employed... 

 

think about your future employment options earning capacity... try improve those options

 

was there a joint sponsor? Was wife well above minimum if not?

Edited December 3, 2019 by Duke & Marie

[geowrian 22,335]

Just saw the tag now...

 

It's not the first time I've seen this exact type of refusal notice. Another fairly recent case saw the same wording, including the joint sponsor piece. That was a non-spousal family-based case with a few dependent children. The petitioner did not have a solid work history. The concern there was (likely) that the petitioner would not be compelled or able to actually provide for the family being petitioned.

 

In this case, it's hard to say much without actually knowing the full set of circumstances.  What's the work history like (of each person)? Education/Training of both? How much income is being earned by the petitioner (when working)? What evidence of the income was provided (if none - because you were not working at the time - then you should provide an I-864 + evidence once you are working)?

My guess is that the main factors are that the petitioner is not currently employed and does not appear (tell me if I'm wrong here) to have a stable work history - switching being sales jobs (possibly commission-based?), entry level positions, etc. There doesn't appear to be a consistent source of income, which would be a concern for the CO. Not working at the time of the interview would be a factor as well.

 

How long has the OP been working (since what age/how long ago)? What's the longest position held? How many different positions have there been? How is the income relative to the cost of living where you live?

To be clear - I'm not actually asking for these to be answered here. The questions are just to point out what may have been factors in the decision. Something clearly jumped out to the CO to raise that kind of concern that any joint sponsor would not be able to overcome the decision. That's a little unusual  in a spousal case, but not unheard of either.

 

For reference, the primary factors for determining the totality of the circumstances are defined in the FAM here: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

 

Edit: Also, her being 58 may be a factor in terms of healthcare + coverage costs. If she does have a consistent work history, she should qualify for some SS and Medicare by the time she hits normal retirement age, so that's a positive.

Edited December 3, 2019 by geowrian

[Boiler 43,438]

I think the OP is the beneficiary.

[Duke & Marie 1,389]

39 minutes ago, Boiler said:

I think the OP is the beneficiary.

Same, I’m thinking op is beneficiary.. making me wonder just how far above the poverty line the petitioner income is on a home health aids income.

 

that combined with beneficiaries employment/education level could have been the potential alarm but is hard to say given they’ve indicated a co sponsor will not fix it 🤷‍♀️

Edited December 3, 2019 by Duke & Marie

[Boiler 43,438]

We really need the USC to explain the situation.

[Nitas_man 3,100]

2 hours ago, MassJoe said:

Yes my wife working and she's not on welfare and she have 4 adults. I don't have any kids 

Remember the sworn statement in your weed smoking thread?

What exactly were her answers

[flfreddy 92]

2 hours ago, geowrian said:

Just saw the tag now...

 

It's not the first time I've seen this exact type of refusal notice. Another fairly recent case saw the same wording, including the joint sponsor piece. That was a non-spousal family-based case with a few dependent children. The petitioner did not have a solid work history. The concern there was (likely) that the petitioner would not be compelled or able to actually provide for the family being petitioned.

 

In this case, it's hard to say much without actually knowing the full set of circumstances.  What's the work history like (of each person)? Education/Training of both? How much income is being earned by the petitioner (when working)? What evidence of the income was provided (if none - because you were not working at the time - then you should provide an I-864 + evidence once you are working)?

My guess is that the main factors are that the petitioner is not currently employed and does not appear (tell me if I'm wrong here) to have a stable work history - switching being sales jobs (possibly commission-based?), entry level positions, etc. There doesn't appear to be a consistent source of income, which would be a concern for the CO. Not working at the time of the interview would be a factor as well.

 

How long has the OP been working (since what age/how long ago)? What's the longest position held? How many different positions have there been? How is the income relative to the cost of living where you live?

To be clear - I'm not actually asking for these to be answered here. The questions are just to point out what may have been factors in the decision. Something clearly jumped out to the CO to raise that kind of concern that any joint sponsor would not be able to overcome the decision. That's a little unusual  in a spousal case, but not unheard of either.

 

For reference, the primary factors for determining the totality of the circumstances are defined in the FAM here: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

 

Edit: Also, her being 58 may be a factor in terms of healthcare + coverage costs. If she does have a consistent work history, she should qualify for some SS and Medicare by the time she hits normal retirement age, so that's a positive.

I believe OP mentioned petitioner has 4 adults, while OP has a dad.   Petitioner needs to be able to support 5xs poverty levels if I am not mistaken given so many people to support.  OP has little means of proving ability to secure a job and has no assets to show.

 

So this is a financial restriction and not a medical one.   So proof of funds in bank plus petitioner having higher income may help.  But again, many factors come into play, CO may just  be picking on $$ to reject but he has other doubts.

 

[SusieQQQ 11,584]

2 hours ago, geowrian said:

Just saw the tag now...

 

It's not the first time I've seen this exact type of refusal notice. Another fairly recent case saw the same wording, including the joint sponsor piece. That was a non-spousal family-based case with a few dependent children. The petitioner did not have a solid work history. The concern there was (likely) that the petitioner would not be compelled or able to actually provide for the family being petitioned.

 

 

I remember this case, and wasn’t it also someone from Jamaica?

Being working age with little or no work experience is clearly a big red flag for public charge. 

 

[SusieQQQ 11,584]

44 minutes ago, flfreddy said:

I believe OP mentioned petitioner has 4 adults, while OP has a dad.   Petitioner needs to be able to support 5xs poverty levels if I am not mistaken given so many people to support.  OP has little means of proving ability to secure a job and has no assets to show.

 

So this is a financial restriction and not a medical one.   So proof of funds in bank plus petitioner having higher income may help.  But again, many factors come into play, CO may just  be picking on $$ to reject but he has other doubts.

 

Proof of funds is a minimum, not a sufficient condition. The amount of assets stated as minimum in the guidelines is not nearly sufficient to see a 26-year old who does not seem to want to work (CO’s apparent judgement, not mine) through the rest of his life. Petitioner is working in a probably low paid job 7 years from retirement, but they don’t just want a joint sponsor, they want an immigrant willing and able to support themselves.