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My wife was denied a visa to come to the USA because i didnt make enough money the last year. Is there another way to do this?

Murrieta, CA |

We have been in the process for almost 6 years now. we married in the USA, and then returned to Peru, now we have kids and i moved by to fix things here and get ready for them to come but they denied her green card, so they are stuck there while i work here.

She was denied because I didnt make enough money, and there is no way possible for a Co-sponsor.

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Attorney answers 6

Posted

Was she denied because of unlawful presence? You may have to apply for a waiver for her. If it was denied because you did not make enough money, you should have been able to submit a co-sponsor affidavit of support. I suggest you speak to an immigration attorney to have the case fully examined so you can get proper guidance. Good Luck.

The answer provided is based only on information provided does not guarantee any outcome or establish attorney-client relationship and is intended solely for informational purposes only.

Asker

Posted

She was denied because i didnt make enough the year before. My level of income hasnt changed much so I dont even think redoing the I-865 is going to do anything. I have tried to get a co-sponsor but no one will help. Im running out of time, because my wife is frustrated at this whole situation and my daughters were supposed to be here months ago to start school.

Carl Michael Balediata

Carl Michael Balediata

Posted

You really need to find a co sponsor...that is the only thing I can advise for you to do at this point. Good luck.

Posted

Find a co or joint sponsor and ask that they reconsider. You need to do this very quickly to avoid having to re-file.

Asker

Posted

I have asked family and friends but they wont co sponsor. I'm on my own.

Posted

If you are referring to an immigrant visa, the affidavit of support requirement must be met either by you or by a co-sponsor. There are no alternatives.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Asker

Posted

So it doesnt matter if you have been married for 6 years and have 2 kids together? The government has no feelings or care about your family?

Posted

Apply again after you make more money or find a joint sponsor.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

Asker

Posted

If I an short 12k of the required amount, could my wifes 401k (in Peru) cover the remaining amount for our petition?

Posted

You must make enough money under the Poverty Guidelines (http://www.uscis.gov/files/form/i-864p.pdf) for your family size or find a co-sponsor. There are no alternatives to this.

Posted

I agree with the other answers. You know what the qualifying amount of income you need for an affidavit of support. If you do not make that level of income then get a co-sponsor and re-file the case.

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