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Consulate didn't approve K1, asking for tax return and vague financial information

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Hello,

My Fiance' and her children went for their interview today. We knew there might be a problem with a police report we have been waiting for since December, and there was. However, what I was afraid of came to pass. I have had some financial struggles (filed Chapter 7 in 2011, paid off State Unemployment issue, still owe taxes from 2011-2013) I do make over $80k a year so I thought the income would be enough. They are now asking for 2013 Tax Return (no big deal) but they mentioned something about a Co-Sponsor and "clearance of financial obligations and ability to support beneficiaries".

My questions are:

1. Is a parent who has their own financial struggles but makes over $100k (and little cash in bank) better than an Aunt or friend who has more cash in bank but might make less or more?

2. How would you interpret "clearance of financial obligations". Does that mean I can't have a car loan, or a personal loan (both total less than $12k) or how else would I prove that I can support them?

Please Help!! Thank you so much in advance!!!

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Hello,

My Fiance' and her children went for their interview today. We knew there might be a problem with a police report we have been waiting for since December, and there was. However, what I was afraid of came to pass. I have had some financial struggles (filed Chapter 7 in 2011, paid off State Unemployment issue, still owe taxes from 2011-2013) I do make over $80k a year so I thought the income would be enough. They are now asking for 2013 Tax Return (no big deal) but they mentioned something about a Co-Sponsor and "clearance of financial obligations and ability to support beneficiaries".

My questions are:

1. Is a parent who has their own financial struggles but makes over $100k (and little cash in bank) better than an Aunt or friend who has more cash in bank but might make less or more?

2. How would you interpret "clearance of financial obligations". Does that mean I can't have a car loan, or a personal loan (both total less than $12k) or how else would I prove that I can support them?

Please Help!! Thank you so much in advance!!!

I have no advice but I am very interested in your case. Many people here say debts don't matter but the wording of the consulate makes it seem like it does matter.

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*** Thread moved from K-1 Process forum to the Embassy/Consulate forum -- topic involves that stage. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Did you send some sort of agreement with IRS on tax payments? That's what they normally want to see if you owe taxes.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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It's far better to show a steady source of significant income rather than someone who has significant savings but little or no income for several reasons. Having money in the bank proves very little with respect to your ability to provide and support your future spouse. I liken it to lottery winners who often end up completely broke and hopeless after a few years when prior to their winnings they were happy, hopeful, and otherwise stable individuals. So if you have a decent income it shows that, even if you lose your job, you are likely to at least get another job even if you have to take a pay cut since you obviously have skills and experience that are needed somewhere by someone. Someone living off of savings is not a pretty sight for many reasons that I won't go into here.

In regards to your debts and past financial problems, all you need to do is be ready and willing to show what and how it happened and a disciplined strategy to maintain control of any outstanding obligations. The best way of looking at it is to put yourself in their position. If someone can sit down with you and explain how they messed up and prove that they are making forward progress isn't that already better than the majority of the population? It's related to why so many people from failed companies are hired or promoted faster than someone who has never experienced adversity. Those who have messed up know what NOT to do...especially if they can prove that they know how to clean up the mess. If you have that mindset, nothing that you mentioned should be an issue when the decision makers weigh the pros and cons.

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