K1 Denied

[Confidence2011 0]

Hi

Today I went to the second interview,,,,,, a new CO wanted to restart from the biggining, and she grilled me by the questions... Finally she informed me that I am denied and gave me a paper that explains why :

Ineligible to receive a visa under the following section(s) :

- Section 221(g) which prohibits the issuance of a visa to anyone whose application does not comply with the provisions of the Immigration and Nationality Act or regulations issued pursuant thereto. The following remarks apply in your case :

( Please note that your case is being forwarded to NVC for further processing. The petitioner will be contacted to complete the process.

-Section 212(a)(4) : which prohibits the issuance of a visa to anyone likely to become a public charge.

- Further consideration will be given to your visa application after you obtain and present the documents listed above and/or the following: *

( please note you are welcome to submit additional information for Consular Officer's review for reconsideration of 212(a)(4) above.

What does all that mean?

What should I do in this case ?

They denied it because my fiancee is not working and she has no income ,,, but why we asked to file an affidavit of support?

For what it is going to be used this affidavit ?

I am lost and frustrated and can not believe what happened.

[Liz Alvarado 3]

I'm sorry,but right now she does'not working? She not has job?

I hope u get answer soon about

[kzielu 1,147]

If your fiancee is not working and has no income, why are you surprised with the denial ? Did you submit an affidavit of support ? Were you aware it is a key part of the petition ?

[john_and_marlene 162]

Without a sponsor with adequate income a denial is inevitable and should not be a surprise.

[TheSantamarias 0]

They will not approve you if they believe that you will become a burden of the government. If they believe that you'll seek economic support from the government you'll be denied. Does she have family members that can file an affidavit for you? Anyone else that is willing to say they'll support you once you get here?

[Confidence2011 0]

If your fiancee is not working and has no income, why are you surprised with the denial ? Did you submit an affidavit of support ? Were you aware it is a key part of the petition ?

yes, WE FILLED AN AFFIDAVIT OF SUPPORT MADE BY HER SISTER WHO OWNS A MEDICAL CENTER AND SHE IS A DR. AND HER INCOME IS HIGHER THAN $ 150,000 ANNUALLY.

My fiancee is waiting for her surgery, she will do it in the next Feb. after that she will go back to work.

The questions, are we able to fix this ? Are we able to do anything , specially that the Embassy said we can send them the further documents.

[Confidence2011 0]

Without a sponsor with adequate income a denial is inevitable and should not be a surprise.

It was a good one, the affidavit of support we provided. (150.000 US dollars annually)

[ryna 132]

yes, WE FILLED AN AFFIDAVIT OF SUPPORT MADE BY HER SISTER WHO OWNS A MEDICAL CENTER AND SHE IS A DR. AND HER INCOME IS HIGHER THAN $ 150,000 ANNUALLY.

My fiancee is waiting for her surgery, she will do it in the next Feb. after that she will go back to work.

The questions, are we able to fix this ? Are we able to do anything , specially that the Embassy said we can send them the further documents.

Maybe it is because the I-134 is not legally enforceable? Is your fiancee's sister a USC? Maybe (and I'm not certain of this) the consulate can/will accept an I-864 in its place since that IS legally enforceable (but I believe the sponsor must be a USC in this case).

[Confidence2011 0]

They will not approve you if they believe that you will become a burden of the government. If they believe that you'll seek economic support from the government you'll be denied. Does she have family members that can file an affidavit for you? Anyone else that is willing to say they'll support you once you get here?

2 sisters of my fiancee filled an affidavit of support, both of them have strong and high income... they refused the first affidavit because that sister lives in different State, and they asked us to bring an affidavit of support from her family in Michigan , not in different state, then he sister ( the Dr.)who has a medical center, and who has high income, so, it is enough I think.

[Confidence2011 0]

Maybe it is because the I-134 is not legally enforceable? Is your fiancee's sister a USC? Maybe (and I'm not certain of this) the consulate can/will accept an I-864 in its place since that IS legally enforceable (but I believe the sponsor must be a USC in this case).

They are all USA citizens....

[ryna 132]

They are all USA citizens....

Then, the only reason I can think that they won't accept it (if they are telling you the real reason) is that they are afraid that they won't be able to hold the sponsors to it. That's why I suggested the I-864 in its place because that can be enforced.

Hope you get some answers.

[Confidence2011 0]

I just do not know how much time will it take now to forward the case back to NVC ? Are we going to be able to continue the same case? Or we maybe need to file a new petition ?

Please the sisters and brothers who like to help , please read well what I wrote first, I exactly put what is on the paper they gave it to me today at the end of the interview.

[john_and_marlene 162]

The consulate is not required to consider a sponsor other than the petitioner for a K1 visa. Even if they consider it, they have to be convinced that the cosponsor would actually provide support if it was needed. One way to take the discretion out of the hands of the consulate is to get married and be petitioned as spouse. For the spousal petition, the law specifies who can be a sponsor/joint sponsor and specifies specific income requirements and is not at the discretion of the consulate. In fact, the matter of support is settled even before the petition leaves the U.S. For the CR1/IR1 visa, the consulate has no role in considering validity/viability of sponsorship.

Edited December 7, 2011 by john_and_marlene

[Confidence2011 0]

Then, the only reason I can think that they won't accept it (if they are telling you the real reason) is that they are afraid that they won't be able to hold the sponsors to it. That's why I suggested the I-864 in its place because that can be enforced.

Hope you get some answers.

The affidavit of support presented by he sister the Dr. was I-864 .

[john_and_marlene 162]

Then, the only reason I can think that they won't accept it (if they are telling you the real reason) is that they are afraid that they won't be able to hold the sponsors to it. That's why I suggested the I-864 in its place because that can be enforced.

Hope you get some answers.

It is not clear that the I-864 would be enforceable where it was executed for the issuance of a non-immigrant visa. It is clearly not intended or appropriate to execute such an agreement as a prerequisite to obtaining a visa that only authorizes a 90 day stay. In fact, guidelines in the adjudicators field manual dictate that it not be used for non-immigrant visas.