JoyFl

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On 2/5/2020 at 5:33 PM, Tyssa said:

Hi guys! I’m wondering if the public charge would affect more the interview and not the waiver approvals??? What have you all been hearing? Let’s keep this thread going to inform each other and help everyone to be prepared for it in the interviews. 
 

Look I’m speaking as of my situation. Back in July 2019 my husband was found inadmissible for public charge and I sent in 4 times what they wanted which was a new i864. The US consulate in Juarez kept sending be back asking for another i864 (which I never understood what they wanted from the new one that the old one didn’t have) Well my attorney didn’t know what to do since he was filling out exactly how the law requires, so thankfully I was recommended to this lady that helped me and she explained to me that Juarez consulate likes things a certain was and she re-did  all my paperwork and just how she did them they got approved. So my best advice is look at everything and make sure of making copies of everything. 

22 minutes ago, Godschild! said:

Wait so beside unlawful presence was for the 10years which 601a was approved. What was the other inadmisssibility for the 10year ?

When you go to your consular appointment in Juarez and they find you Inadmissible for a public charge they will revoke your I601a and you must over come the public charge and reapply for a waiver but now it’s a I601 since you are in Mexico. 

11 hours ago, Boiler said:

Well you would normally get an RFE for a missing document.

Yes I agree, but since we needed our 2018 taxes and according to the consular officer the person on the I864 wasn’t family he refused it. That’s the reason we got the public charge. In November we over came it by sending in a new I864 and our 2018taxes. 

35 minutes ago, jan22 said:

The only thing an I-601a waiver applies to is an overstay in the US.  If there are any other grounds of inadmisdibility, the 601a does not waive them and is a waste of time.

Yes!! My husband was in the US for 17yrs, had his I601a approved before going to Cuidad Juarez. Once in Juarez he got an Inadmissibility and due to that his I601a was revoked. That is why we now needed a I601 to over come that 10yrs ban he got for the Inadmissibility. Hopefully I explained myself good. 

1 hour ago, Jd_8188 said:

Did you had an I601a waiver approved? May i know your grounds of inadmissibility?

Yes my I601a was approved but revoked due to a public charge, which has been overcome because my attorney never included our 2018 taxes. 

I’m in the same boat as you. They received ours on August 12, 2019. 

2 hours ago, BeckyCulton said:

@JoyFl I am happy to tell you that my dad made in yesterday. Once we sent the co sponsor information, it took 2 days after they received it to send him a request to send his passport, then 4 days after they received it he got another message that they were sending him a document. when he picked it up it was his passport with a separate package that said do not open.

So when he got to Houston, at the airport the immigration officer took him into this little room and asked him the address where he was going to reside and took the package from him. and told him that he would receive his green card in 2 months.

Happy ending thanks to God!

 

I wish you the best, I'm sure that once they receive the co sponsor paperwork things will move super fast and the case will be complete, just have patience, thats what we didn't have. lol

Thank god and congrats to your dad!!! I will be mailing my paperwork work today, I hope and pray it goes as well as your father 🤞🏻Thank you for sharing your experience it has helped me a lot. Time to celebrate 🤗

Just now, JoyFl said:

Thank you for replying. That’s great, I hope everything goes well to your dad..  Well I will be sending out the requested documents let’s hope and wait to receive good news also.

Also did the US consulate ask your dad for an     I-601?

On 10/14/2019 at 7:35 AM, BeckyCulton said:

Hi well,

We finally sent the docs for the new co sponsor and they asked for my dad's passport, so we are hoping to get the visa sometime this week.

If everything went good.

It was stressful because I didn't know what to expect, but it was a matter of time and sending the correct docs.

I wish you and your family the best.

Thank you for replying. That’s great, I hope everything goes well to your dad..  Well I will be sending out the requested documents let’s hope and wait to receive good news also.

32 minutes ago, Dalila Gonzalez said:

Which means you received the letter in June? I know that the appointment is a month after you receive the letter. I just want to know how long from cc to letter which was about 8 months for you. Did you expedite at all? 

Yes I received a letter on June 22nd and no we did not expedite our process 

14 minutes ago, Dalila Gonzalez said:

How long was it between case complete to your husband getting his appointment letter. We are also waiting for an appointment at the Mexico embassy 

Our cc was on October 2nd 2018, and our appointment was on July 30th 2019. So approximately 9months 

Please let me know the outcome of your case. I’m in the same boat as you. Thank you

Please follow me up on this. I’m in the same situation 

I have a similar situation can you please share with me what was your outcome please. 

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. 

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. 

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. 

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

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?

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. 

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. 

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. 

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 

25 minutes ago, JoyFl said:

Oh ok. In 2011 my husband was detained by immigration but he was released by own recognition that’s when I submitted the petition and he was approved so basically he had two cases open up until the appointment to Cuidad Juarez came in. Before we left we went to court and close that case because you can’t go to CDJ with a pending case in the US. The agent in Juarez was aware of the case because he asked my husband for the paperwork from the court that that case was already closed. So the agent knew that he did have a work permit to work because the court papers have the work authorization paperwork that my husband had applied for. 

In the immigration court while you are in process you are authorized to get a C11 work authorization permit.