K1 Denied

[Zen Den 18]

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.

aside from the forms you submitted or failed to submit, it's also all the information you provided or how you asked the quuestions that made the CO decide to give you 221g. any that you would like to share?

also, you said your fiancee will go back to work after surgery. did she work before? did you submit her latest income tax return? or how long has she had not work?

the basis of the 221g is not being able to, in simple terms, prove that she will be able to support you once you're in the US. did you submit proof that your sister-in-law owns the medical center (because to the CO, it's unbelievable that the sister is rich and your fiancee doesn't have income).

if your fiancee has work for a short period of time, then it's acceptable but if she has not worked ever for instance, then that's a different story.

bottom line is your (and even you, with any assets you have)has to show ALL proofs you can possibly get to show that you will not later on be a financial burden to the US (because your fiancee is looking like one already).

do and redo the two forms 1364 and ready an i864 and.

[GitmeOuttaHere 0]

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.

I would like more info on this.....As I am the beneficiary and my wife is the USC filing on my behalf...

We are IR1 and at NAO2 right now.

So is what you are saying is that the NVC will review the AOS and make that decision prior to interview when it is on an IR1??

[Lisamarie 79]

It doesn't really make sense to me that they would deny for the reason that you could become a public charge if the co-sponsor has that high of an income, unless either they don't accept co-sponsors in SA, or your wife hasn't worked in a long time. But I think I read in one of your comments that she will "go back" to work after her surgery. So I'm confused on that. I would try calling and emailing to get more information so you know what you need to do.

If it is going to get sent back to NVC then my suggestion is that you get married and file for the IR1/CR1. Good luck to you;)

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.

[Confidence2011 0]

aside from the forms you submitted or failed to submit, it's also all the information you provided or how you asked the quuestions that made the CO decide to give you 221g. any that you would like to share?

also, you said your fiancee will go back to work after surgery. did she work before? did you submit her latest income tax return? or how long has she had not work?

the basis of the 221g is not being able to, in simple terms, prove that she will be able to support you once you're in the US. did you submit proof that your sister-in-law owns the medical center (because to the CO, it's unbelievable that the sister is rich and your fiancee doesn't have income).

if your fiancee has work for a short period of time, then it's acceptable but if she has not worked ever for instance, then that's a different story.

bottom line is your (and even you, with any assets you have)has to show ALL proofs you can possibly get to show that you will not later on be a financial burden to the US (because your fiancee is looking like one already).

do and redo the two forms 1364 and ready an i864 and.

My Fiancee did not work for long time, exactly since 2006 > And Yes, we provided papers that show that my fiancee sister owns and has a medical center and she is now establishing also a new center for substance abuse treatment.

[Confidence2011 0]

ill go out on an extreme here.. i think cuz ur a guy going to a female who doesnt work affects u.. and u caught a moody CO..

now, apart from submittin da co-sponsors I-134 form did u any other documents to show she really is a doctor and makes all that income.. maybe her doctor license, employer letter.. remember u said dat u tried another sister outta of state before, so dey mite not be believing this is another sister dat makes that much and why wldnt u hv started wit dis sister as a co-sponsor in da first place..

The sister that lives in different State was offering that first, and she said she is going to help, so, we accepted her help first, and her income is also very high.

The Dr. is almost 60 years old, not a new Dr. She presented also all the Tax return of the last 3 Years.. so, everything in clear that she is rich... lol.

Thank you very much , thanks to everyone here..

[Confidence2011 0]

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.

THEY ARE TELLING YOU FURTHER CONSIDERATION WILL BE GIVEN. To me it looks like you still can do something about it. They didn't tell you what was exactly the problem with your in laws affidavits?

Thank you

But the problem is that they do not tell me what should i do, what do I am short of as document(s)... They just say they forward the case to NVC and the petitioner is going to be contacted,

so, what can i do ? Is it acceptable I send a message to the Embassy here and ask them to kindly explain me again why i am denied and what i need to fix it? Or writing to the embassy is a silly idea cuz they wont replay ?

[Ro Damon 7]

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.

Sorry if i missed this, but did you submit supporting documents, such as w2 forms for past 3 years for your co-sponsor, paystubs and/or letter of employment ?

did u also provide an AOS thou you are not working currently, i believe this is still needed. I'm really sorry about the agony that you're going thru with this process being that it has been so long already :/

this really has me personally scared, because ill be in the same boat...where im submitting my best friends information for AOS with an I-134...

All the best, be in contact with the consulate and find out what can be further done.

best,

Ro

[Confidence2011 0]

Sorry if i missed this, but did you submit supporting documents, such as w2 forms for past 3 years for your co-sponsor, paystubs and/or letter of employment ?

did u also provide an AOS thou you are not working currently, i believe this is still needed. I'm really sorry about the agony that you're going thru with this process being that it has been so long already :/

this really has me personally scared, because ill be in the same boat...where im submitting my best friends information for AOS with an I-134...

All the best, be in contact with the consulate and find out what can be further done.

best,

Ro

Thank you very much. And, Yes, we provided the documents that show the last 3 years of the tax return of the co-sponsor.

I would do my best to know what I can do more to get my application again on the normal way. Thank you very much god bless you.

[Ro Damon 7]

Thank you very much. And, Yes, we provided the documents that show the last 3 years of the tax return of the co-sponsor.

I would do my best to know what I can do more to get my application again on the normal way. Thank you very much god bless you.

u did all the little things i mentioned? letters etc? everything? gheeseee thats the craziest thing. pls do cotnact the consulate by mail or phone something. callthe nvc and uscis get ur congressional office involved and email the center...

(

God bless you toooo!!! everything will work out for its own time......say confident. u kno that God doesnt do anything do anything b4 it is time. same as i have to and has been understanding about my process and it taking sooo long....

Warm regards

Ro

[Boiler 43,630]

Not all Consulates accept a co sponsor for K1.