4/7/2009 Blue

[Yiran]

Well, despite being (what we thought was) fully prepared with a IR-1 DCF case with a seemingly adequate cosponsor, ironclad relationship evidence after three years of a married relationship AND living together, my husband was given a blue slip with the "public charge" box checked and a note at the bottom by the VO stating "Wait until his wife gets a job to support him". Needless to say my husband was not pleased with this assessment in the least.

 

To begin, he told me she spent the first ten minutes or so grilling him with questions about our relationship; he was quite shocked, since we had an overwhelming amount of evidence (affidavits from friends in the initial I-130 petition, TONS of photographs with both of us in wildly varying locations and differing states of weight gain/loss and hair colors, two visits by him to the U.S. with photographic evidence of time spent with my family here in GA, etc.. Finally, when she had exhausted this line of questioning she asked him point blank if he was just doing this for a green card, denied he had the ability to support me, and finally latched onto the fact that I did not have a job.

 

I have been unemployed since the middle of 2007, after holding three jobs in China since I arrived in 2004, when I started school in order to get my MBA through a program with a U.S. school administered in Tianjin. I graduated in December 2008 (although diplomas weren't sent out till sometime in Feb.), and just got back to the U.S. this past January. We anticipated that financials might be our weakness and that, hey, it might take a few months for me to find a decent job (certainly more than three months!), so my brother opted to cosponsor us. Now, he provided all the necessary documents (three years taxes, 2008 W-2, employer letter, etc.) in addition to my own info. Thing was, she refused to look at my brother's cosponsor info when my husband brought it up after she declared I could not support him and told him "it does not matter".

 

Now, what I might understand is if the VO had deemed him not a strong enough cosponsor; he has only had this job for a little under a year and makes about 40K. If that's not strong enough, fine, okay, I understand: we can get my dad to jump on the cosponsor pile, easy. But what confuses me is that this lady specifically stipulated "WAIT TILL WIFE GETS JOB". If this is the case, why is the cosponsorship option even available?? Also, I personally know a friend, and am sure I've read of others on this site, who have recently graduated or have returned after teaching in China who have gotten through this with an adequate cosponsor. So my question is, can my husband and I suddenly be held to different standards than everyone else at the whim of a VO?

 

It's not that I'm trying to put off getting a job; I'm very eager to start my career and have been trying my best for the past three months I've been in the U.S. Things have gotten better recently and hopefully I'll be getting something within the next three or four weeks. But if it had been explicitly stated that I had to have a job immediately, cosponsor be damned, we certainly would have postponed the interview until I had employment secured in order to spare ourselves this confusion and disappointment. The best part is, she apparently tried to advise him to "wait a couple of years" and apply again (TWO YEARS!!!). When he became firmer with her he said her attitude "softened" and she just suggested I should get a job and everything would be fine. When he asked the worker at the query window later if he could contest the VO's decision, she said to just provide a stronger cosponsor and he'd be fine (you can see why we're getting confused)

 

What I want to know is, can she legitimately disregard any of our cosponsor info because she just doesn't feel like it, did she actually review my brother's financials and deem them not strong enough while neglecting to tell my husband this was the reason for god-knows-why, or what?

 

My husband says (and I've heard this said by many on this board before) that he got a weird vibe from her from the beginning and felt she was bound and determined to deny him on whatever basis she could find. She also would not communicate with him in English which I found interesting (his English is great). I would love to get a fantastic job offer tomorrow and send an employer letter off to her but I can't magically make that happen, and I'm sorry but I want my husband to be here with me NOW. We were both really hurt by this, especially him; I think his pride took a really big hit when she wrote that little comment at the bottom of the blue slip (he's not a millionaire but he's fairly well-off and has been great about supporting me while I've been in China and the U.S.- I have no issues at all with supporting him and am thrilled to be able to, but in his mind he's the husband so it still hurts to hear something like that...)

 

Anyway, any thoughts on what we should do or what is really going on here??

 

Thanks for your advice, and sorry for the ramble-y nature of my post

 

-Lauren

[Guest ShaQuaNew]

 

What I want to know is, can she legitimately disregard any of our cosponsor info because she just doesn't feel like it, did she actually review my brother's financials and deem them not strong enough while neglecting to tell my husband this was the reason for god-knows-why, or what?

Thanks for your advice, and sorry for the ramble-y nature of my post

 

-Lauren

 

It's hard to know the inner workings of what goes on behind the scenes regarding a co-sponsor for a marriage-based visa. While there is a provision for it, the fact is that it cannot be viewed in a favorable light that an American citizen is not currently earning a wage at 125% above the poverty level. The long and short of it is, that the US mission is to avoid letting someone immigrate to America that has the potential of becoming a public charge. I know these may be hard words to hear, but it's the reality too.

[HelloWorld08]

sorry about the blue

[Randy W]

The "get-a-job" remark is not binding in any way. It's hard to believe that a blue slip would be open-ended like that. Is there something specific you are supposed to do and submit to the consulate?

 

I would go ahead and get your father to sign an I-864, do what you can about finding a job, and submit that evidence

 

"Get a job" could mean MacDonald's or even a volunteer job that will pay a token wage ($1 a month or whatever), as long as your father has the financials covered.

[Yiran]

 

 

It's hard to know the inner workings of what goes on behind the scenes regarding a co-sponsor for a marriage-based visa. While there is a provision for it, the fact is that it cannot be viewed in a favorable light that an American citizen is not currently earning a wage at 125% above the poverty level. The long and short of it is, that the US mission is to avoid letting someone immigrate to America that has the potential of becoming a public charge. I know these may be hard words to hear, but it's the reality too.

 

Which is fine; that's their priority and I can understand why. This is the reason I included copies of my transcripts with graduation dates and my most current resume in with the rest of the financial material, to prove that I'm not exactly committed to not earning 125% above the poverty line Perhaps a personal statement saying I am looking for a job was in order? Signed, notarized? Who knows what she wanted...

[Yiran]

The "get-a-job" remark is not binding in any way. It's hard to believe that a blue slip would be open-ended like that. Is there something specific you are supposed to do and submit to the consulate?

 

I would go ahead and get your father to sign an I-864, do what you can about finding a job, and submit that evidence

 

"Get a job" could mean MacDonald's or even a volunteer job that will pay a token wage ($1 a month or whatever), as long as your father has the financials covered.

 

This is what I was hoping, and we are currently getting my father's financials together. And yes, I am still looking for a job

 

That was the only thing written on the blue slip, aside from the checked public charge box. The VO herself just said to submit proof I had gotten a job "to support him", whatever that may be.

[Randy W]

The "get-a-job" remark is not binding in any way. It's hard to believe that a blue slip would be open-ended like that. Is there something specific you are supposed to do and submit to the consulate?

 

I would go ahead and get your father to sign an I-864, do what you can about finding a job, and submit that evidence

 

"Get a job" could mean MacDonald's or even a volunteer job that will pay a token wage ($1 a month or whatever), as long as your father has the financials covered.

 

This is what I was hoping, and we are currently getting my father's financials together. And yes, I am still looking for a job

 

That was the only thing written on the blue slip, aside from the checked public charge box. The VO herself just said to submit proof I had gotten a job "to support him", whatever that may be.

 

You might summarize your job efforts on a cover letter, and resubmit the resume and other evidence.

 

This may just be a "go away and don't come back without the broom" type thing.

[george lee]

sorry for the blue but keep thinking positive and keep hope alive.

[chilton747]

 

 

It's hard to know the inner workings of what goes on behind the scenes regarding a co-sponsor for a marriage-based visa. While there is a provision for it, the fact is that it cannot be viewed in a favorable light that an American citizen is not currently earning a wage at 125% above the poverty level. The long and short of it is, that the US mission is to avoid letting someone immigrate to America that has the potential of becoming a public charge. I know these may be hard words to hear, but it's the reality too.

 

Which is fine; that's their priority and I can understand why. This is the reason I included copies of my transcripts with graduation dates and my most current resume in with the rest of the financial material, to prove that I'm not exactly committed to not earning 125% above the poverty line Perhaps a personal statement saying I am looking for a job was in order? Signed, notarized? Who knows what she wanted...

 

IMHO, the reason the VO denied you was because she just wanted to. The rest of the interview was just crap associated with her agenda of denying a legitimate couple. It happens all the time so hang tight and give them your father as a co-sponsor.

Everyone knows that the job market is tough these days. Our state of Georgia is now at an unemployment rate of 9.3%.

When I was in GZ last November, there was a K1 couple that has lived together in China for 3 years. The petitioner did not have a job and used his father for a cosponsor. They passed. So you see, your husband was the victim of an over zealous VO.

I am very sorry to hear of your troubles but unfortunately it happens. At least you have a chance of resubmitting evidence and getting a visa. Some are not even given that chance.

 

Good luck!!

[Randy W]

IMHO, the reason the VO denied you was because she just wanted to. The rest of the interview was just crap associated with her agenda of denying a legitimate couple. It happens all the time so hang tight and give them your father as a co-sponsor.

 

 

I agree - one of the more blatant miscarriages of justice we've seen from GUZ.

[Yiran]

IMHO, the reason the VO denied you was because she just wanted to. The rest of the interview was just crap associated with her agenda of denying a legitimate couple. It happens all the time so hang tight and give them your father as a co-sponsor.

Everyone knows that the job market is tough these days. Our state of Georgia is now at an unemployment rate of 9.3%.

When I was in GZ last November, there was a K1 couple that has lived together in China for 3 years. The petitioner did not have a job and used his father for a cosponsor. They passed. So you see, your husband was the victim of an over zealous VO.

I am very sorry to hear of your troubles but unfortunately it happens. At least you have a chance of resubmitting evidence and getting a visa. Some are not even given that chance.

 

Good luck!!

 

This is very true. Considering that she seemed to be trying to steer him toward slipping up on bonafide issues before it became clear that wasn't going to happen for her, we consider ourselves pretty lucky that in the end all she got us on was a financial detail. I'm actually pretty proud of how Max handled himself at the interview in light of the fact that she seemed set on giving him a hard time from the beginning.

 

Max spoke to some other ladies who had interviewed with this VO that same day and been denied as well (from what he gathered she was blue-slipping the majority of her interviewees that day) - I'm afraid some of them may have not been as lucky as us...

[david_dawei]

I am glad you shared your experience. It clearly shows the attitude and demands of any given VO. As Randy has essentially said in the past, they have final decision, however it may vary VO to VO... and however their logic (or dare I say illogic).

 

I interpret [this VO] this way: Public charge is a concern that the immigrating alien does not require assistance from certain state/federal programs.

 

On CFL, we (or at least I) try to convey that the MOST important issue is the primary sponsor (ie: USC) income; it is consistent (not flucuating) and secure (permenant and long term prospect).

 

I mentioned in another thread; life is full of games. Sometimes you have to play the game in order to get to your goal.

 

Here is what I would do. Submit another co-sponsor which is very secure in income; but get a good job... and it may mean in the long run, you have to wait till they are satisfied with your income/job; for now, you can only do your best.

[cguo7]

Hi, I was wondering if the VO that interviewed him was African American? My husband has told me before that there was a dreaded VO nicknamed the "Black Pearl" who tends to give out a lot of white and blue slips and hardly any pink ones.

 

 

The "get-a-job" remark is not binding in any way. It's hard to believe that a blue slip would be open-ended like that. Is there something specific you are supposed to do and submit to the consulate?

 

I would go ahead and get your father to sign an I-864, do what you can about finding a job, and submit that evidence

 

"Get a job" could mean MacDonald's or even a volunteer job that will pay a token wage ($1 a month or whatever), as long as your father has the financials covered.

 

This is what I was hoping, and we are currently getting my father's financials together. And yes, I am still looking for a job

 

That was the only thing written on the blue slip, aside from the checked public charge box. The VO herself just said to submit proof I had gotten a job "to support him", whatever that may be.

[chilton747]

Hi, I was wondering if the VO that interviewed him was African American? My husband has told me before that there was a dreaded VO nicknamed the "Black Pearl" who tends to give out a lot of white and blue slips and hardly any pink ones.

 

 

The "get-a-job" remark is not binding in any way. It's hard to believe that a blue slip would be open-ended like that. Is there something specific you are supposed to do and submit to the consulate?

 

I would go ahead and get your father to sign an I-864, do what you can about finding a job, and submit that evidence

 

"Get a job" could mean MacDonald's or even a volunteer job that will pay a token wage ($1 a month or whatever), as long as your father has the financials covered.

 

This is what I was hoping, and we are currently getting my father's financials together. And yes, I am still looking for a job

 

That was the only thing written on the blue slip, aside from the checked public charge box. The VO herself just said to submit proof I had gotten a job "to support him", whatever that may be.

 

I think that the "black pearl" has been gone a long time ago. The latest henchwoman is the older white woman with the initial "M."