They tried telling me that a cosponsor DOES NOT make things automatic...

T

timmy_d11

Registered Users (C)
for my wife to qualify for a green card, if I, the primary sponsor, lost my job and if it is possible, hypothetically, that I at some point are not able to support her -

true OR false?!

DOES the cosponsor AUTOMATICALLY RE-qualify her for a green card if I lost my job, or is it still up to the discretion of the USCIS officers or supervisors?

Can they, by law, still say that she does not qualify?!

Or MUST THEY, by law, accept and consider the cosponsor?!
 
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Well nothing is automatic, but I would say that if you meet the requirements of the Affidavit of Support either by yourself or with a co-sponsor, they couldn't use that as a reason to deny a green card.
 
Tim, is something wrong? Even though you lost your job, your wife can still be spnsored by a co-sponsor. The reason for that is so the immigrant intending on establishing residency will not become a "public charge" ( living on federal and state benefits).

As far as it goes about you, even though you are not working at present, USCIS tends to consider if the spouse or petitioner is more likely to be able to provide for family (like they look at your age, work history, educational level, etc.) or should I say the ability to provide and determine if their is a "barrier to work" You are not in that category. That is something someone with no education, or someone with emotional or mental diability.
As an able-bodied person, your situation should be rectified with the co-sponsor.

Have you had any feedback on your situation? Has there been any updates or other information for you?
 
timmy_d11 said:
for my wife to qualify for a green card, if I, the primary sponsor, lost my job and if it is possible, hypothetically, that I at some point are not able to support her -

true OR false?!

DOES the cosponsor AUTOMATICALLY RE-qualify her for a green card if I lost my job, or is it still up to the discretion of the USCIS officers or supervisors?

Can they, by law, still say that she does not qualify?!

Or MUST THEY, by law, accept and consider the cosponsor?!
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I think they simply mean that having a co-sponsor does not guarantee approval, but we know that. :o From what you posted about your situation, the only thing that went against it was the unfortunate timing of you losing your job and the woman determining the case before you could get the information to them. So everything is in order and if they do deny you, you can reapply. (if you do have to reapply, you may qualify for "Fee Waiver" and would only have to pay the biometric fee). Everything is just a delay, not a final denial so don't lose heart. :) Hang in there!!!!
 
NeShawn said:
I think they simply mean that having a co-sponsor does not guarantee approval, but we know that. :o From what you posted about your situation, the only thing that went against it was the unfortunate timing of you losing your job and the woman determining the case before you could get the information to them. So everything is in order and if they do deny you, you can reapply. (if you do have to reapply, you may qualify for "Fee Waiver" and would only have to pay the biometric fee). Everything is just a delay, not a final denial so don't lose heart. :) Hang in there!!!!
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Well that's just it, they DID deny us, before they bothered looking at our cosponsor, and since we provided a cosponsor within the time they gave us to get one *I* am trying to say that it's their fault and THEY dropped the ball - and they must be partially in agreement because they CLAIMED that THEY did a service motion to reopen and are reconsidering.

My point is if I had my "ducks in a row" with the cosponsor they ought to fix it without me having to refile. If a cosponsor normally does the trick in a situation like mine they ought to consider that I got the cosponsor to them in the time given and they made the decision before considering the cosponsor - it's that simple.

The guy at the counter also CLAIMED chances look good for us and they are leaning towards approving me - he also said that is not something he normally tells people...but he said he can't give an answer right now.

I just hope he is not completely full of shit and lying to me to get rid of me and "buy time" or whatever.
 
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I think it was on their part and it is up to them to fix it. You should eventually be approved. It is common sense. I think the guy was telling you the truth cause it makes sense.
 
yes go get a lawyer and make sure he is not just after your money.my lawyer hasnt replied to me yet about my intreview last friday.

the IO who interviewed us also was bothered by the fact that my wife recently resigned from her job. we have a co sponsor by the way and i dnt think it mattered to him :mad:
 
yes go get a lawyer and make sure he is not just after your money.my lawyer hasnt replied to me yet about my interview last friday.

the IO who interviewed us also was bothered by the fact that my wife recently resigned from her job. we have a co sponsor by the way and i dnt think it mattered to him :mad:
 
camster said:
yes go get a lawyer and make sure he is not just after your money
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Well that's just it, I have spoken to lawyers and they have made suggestions, but they charge an astronomical fee, so it left me wondering if what he was suggesting was really necessary, or if he was mainly interested in making money first and helping us a distant second.

A lot of lawyers say refile but they make the most money that way also - and I don't think that's right because even if we have to refile we have all of our stuff together and it would not be as hard work for him as if we were starting from the very beginning.

One lawyer, who gave me A LOT of his time and was not eager to get our money right away suggested that I keep paying visits to the USCIS office and try to write to the incoming congressman for a few months and THEN if things don't work out consider refiling.

I think it all comes down to if my wife and I can believe the people at USCIS that they did a "service" motion to reopen - I just want to know for sure that it is REALLY being reconsidered and they are not just making us wait for nothing.

I told the guy there that I'd rather get a "no" in a month than a "yes" in a year - we need to know where we stand and whether or not our only choice IS to refile.
 
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