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aldvore

K1 Visa Denied [merged threads]

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Today my fiance's application for a K1 Visa was denied due to Section 212 (a)(4) (potential to become a public charge). I tried contacting the US Embassy in Bangkok to see what other options we have to possibly overturn this decision and we were replied with a link to Form I-134. The reason why the application was denied was mainly due to me not earning enough money and the interviewee stated that joint sponsors are not accepted for K1 visas where the primary sponsor does not earn close to $20,000. I was told by a few people that my joint sponsor should write a letter for the embassy to explain how he will help to prevent my fiance from becoming a public charge and why I needed a joint sponsor because I am about to graduate from college.

I am curious is anybody has any advice on what next step we should take outside of trying to go for a CR1 visa. Is it likely that the letter will make any difference and influence the embassy to change their decision?

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A letter won't do anything, they want actual proof that the joint sponsor makes over the minimum poverty guidelines. If the joint sponsor does not make over the amount needed you need a different joint sponsor. They will not make an exception, if they make one for you they would have to do it for everyone. Period. End of story.



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My joint sponsor makes significantly more than the min poverty guidelines and we previously submitted a W-2 along with his tax returns. The way my fiance made it sound, the interviewer barely reviewed my joint sponsors I-134. I refer to myself as the 'primary sponsor'. Sorry for the confusion

Edited by aldvore

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how much do u make?


 

AOS

05/04/17 - Biometric appointment

05/17/17 - Case ready to be scheduled for interview

07/20/17 - EAD/AP Approved

07/25/17 - GC interview scheduled

07/27/17 - EAD/AP in hand

08/14/17 - GC interview , approved =)

08/18/17 - GC approval notice letter

08/21/17 - GC in hand

 

 

ROC

05/16/19 - Earliest  to apply 

 

 

 

 

 

 

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Can you get a job/ second job/ pick up extra shifts at your current work? Event working two evenings a week at Starbucks or McDonalds should get you closer to the poverty line.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Inadvertent duplicate threads have been merged.


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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What country is your fiance coming from first off to see if maybe others have the same experiences.

Do you have a history of not working? Where do you live? Is it somewhere where your fiance could live? What were your overall plans for her to be here? Did she know them?

I see it says you make 12,000$ right now. Maybe you should take on some second job to bump that up.
http://www.visajourney.com/forums/topic/613924-i-134-question-11/#entry8352041

There are some consulates that don't take joint sponsors, but joint sponsors are allowed for MOST K-1 visas, it depends on how strict the consulate is. Myself, and plenty others have been unemployed while doing the K-1 process, but our fiances countries consulates allowed for joint sponsors, in my case, two of them.

They can still technically deny on this, even with a joint sponsor. If the CO just has a feeling that, one, the joint sponsor won't say, buy ya'll food when you're hungry, or take care of the fiance financially, or two, they feel that when your fiance shows up s/he'll actually be WORSE off than where s/he is now, they can deny based on that worry.

I believe if you do a CR-1 then they do have to at least entertain a joint sponsor, and if they deny based on that, you can at least find out exactly why and try to get it appealed.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013
 

Spoiler

Met online: June 2010
Started dating: March 20, 2013
Engaged: November 27, 2014
Married: Feburary 20, 2016



The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail

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My fiance is from Thailand and I am currently a full time student. I already work around 30 hours per week and my fiance told the embassy that I am going to graduate in a year. After talking with a few people who interviewed at this embassy before, she found out her interviewer generally do not accept joint sponsors unless the primary sponsor makes $18,000+.

I can attempt to find a better paying job and submit bank statements and pay stubs indicating a raise. The workers at the embassy also told my fiance that they would be more inclined to accept me as a joint sponsor for a CR-1 visa.

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It is also important to note that my fiance used to work in the US with a J1 visa and mentioned that she still had many contacts in her old workplace. She also mentioned that she has family here and my joint sponsor will aid her in finding employment.

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It is also important to note that my fiance used to work in the US with a J1 visa and mentioned that she still had many contacts in her old workplace. She also mentioned that she has family here and my joint sponsor will aid her in finding employment.

This is not important. It doesn't move you any closer to making $20,000.

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Honestly her saying she's worked here and has family here could have made the CO think she's not in it for the relationship but that she enjoys the US. Her family is here, her joint sponsor will make sure she's taken care of, she's worked here before so she has contacts in the US. Nothing about you supporting her.

At the end of the day it's YOUR job to show that you can support her, both with the K-1 process and the AOS process, her saying how there are many other ways she'll be supported that aren't coming directly from you could be worrying, and could lead to the CO worrying she'll become a public charge.

Sometimes being honest and giving out all the information you can hurts you. It should always be a case of, answer when a question is given, be simple and honest with the answer, and don't give out more information than needed. Some people will tell the CO's how their fiance sends them money and have it negatively impact them, they see it as something that happens in a relationship, the CO's see it as the USC buying off a foreign spouse. Sometimes people think it helps by saying they have all these connections in the US, but it actually can hurt.


If the interviewer (or consulate) doesn't take cosponsors, then it's on you to show you make at least 25,025$ a year.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013
 

Spoiler

Met online: June 2010
Started dating: March 20, 2013
Engaged: November 27, 2014
Married: Feburary 20, 2016



The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail

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You can either get yourself closer to making the K1 minimum, or marry your fiance outside the US and petition her for a CR1.

You have the option get any LPR\USC to be a joint sponsor on a spousal visa.


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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