K1 Temporary refused due to missing documents

[eve eldali 0]

my fiancé was interviewed on may 12 at the us embassy in riyadh saudi arabia, and he was given a white sheet indicating that he was refused under section 221(g) due to missing documents, one of which is the egyptian police clearance for 2012 even though he left egypt back in 2010, but this is easy to obtain as he is originally egyptian and never had charges and the con officer gave him a sheet explaining exactly what they need,, now to the SECOND PART which is totally disappointing is that they refused my affidavit of support and required a co-sponsor even though my income was more than sufficient and when i required more details on why exactly was it refused and why they asked for a co-sponsor they replied that they need more evidence on how i earned my income as i only made some with w2s and the rest of income was cash, i contacted my employer as i work as a cashier and hostess in a restaurant in manhattan, and he said i will provide you with a proof of employment letter signed by me and stamped by the restaurant company name, is this enough for the embassy con to believe that i really been working and earning money? any one been through similar situation where they had to prove their income at the embassy? i can't believe that my 1040 form isn't good enough for them. any help will be appreciated.

[Pitaya 2,576]

my fiancé was interviewed on may 12 at the us embassy in riyadh saudi arabia, and he was given a white sheet indicating that he was refused under section 221(g) due to missing documents, one of which is the egyptian police clearance for 2012 even though he left egypt back in 2010, but this is easy to obtain as he is originally egyptian and never had charges and the con officer gave him a sheet explaining exactly what they need,, now to the SECOND PART which is totally disappointing is that they refused my affidavit of support and required a co-sponsor even though my income was more than sufficient and when i required more details on why exactly was it refused and why they asked for a co-sponsor they replied that they need more evidence on how i earned my income as i only made some with w2s and the rest of income was cash, i contacted my employer as i work as a cashier and hostess in a restaurant in manhattan, and he said i will provide you with a proof of employment letter signed by me and stamped by the restaurant company name, is this enough for the embassy con to believe that i really been working and earning money? any one been through similar situation where they had to prove their income at the embassy? i can't believe that my 1040 form isn't good enough for them. any help will be appreciated.

Welcome to the forum.

Your story and proposed solution raises several questions. Did the income listed on your W-2s exceed the current poverty guidelines? Does your proposed "statement(s) of your employer" meet the explicit requirements stated in the Form I-134 instructions? If you sign the proposed letter, as you describe above, is this a "statement(s) of your employer" or is it from you? (Did I misunderstand your statement above due to a lack of quotation marks?) If it is from you, the consulate officer will likely reject it due to a conflict of interest. If this statement is signed by your employer, does the sum of all of your reported sources of income exceed the current poverty guidelines? Do you have information about other pertinent reliable sources of income that your can provide? If not, obtaining a co-sponsor may be your most viable option.

Good luck on your visa journey.

[eve eldali 0]

thank you for welcoming me, and thank for your reply.

simply my total income exceeds the poverty guideline and the embassy officer clearly stated that they are objecting because i was working at a restaurant and earning cash and that i was not getting paid by checks or anything, the only w2s i have is from another employer that i worked at for only one month and when i found this restaurant job where i can make more money i simply quit and accepted the off the book job. but at the end of the year i filed my taxes based on the restaurant job and i owed money to the IRS and i am paying them, the statement that i was talking about from my employer is a proof of employment letter from the owner of the restaurant that i am working at, and it will be signed by him and stamped by the restaurant company name, it will be official, and i wanted to know if it will work or not.

[eve eldali 0]

Welcome to the forum.

Your story and proposed solution raises several questions. Did the income listed on your W-2s exceed the current poverty guidelines? Does your proposed "statement(s) of your employer" meet the explicit requirements stated in the Form I-134 instructions? If you sign the proposed letter, as you describe above, is this a "statement(s) of your employer" or is it from you? (Did I misunderstand your statement above due to a lack of quotation marks?) If it is from you, the consulate officer will likely reject it due to a conflict of interest. If this statement is signed by your employer, does the sum of all of your reported sources of income exceed the current poverty guidelines? Do you have information about other pertinent reliable sources of income that your can provide? If not, obtaining a co-sponsor may be your most viable option.

Good luck on your visa journey.

thank you for welcoming me, and thank for your reply.

simply my total income exceeds the poverty guideline and the embassy officer clearly stated that they are objecting because i was working at a restaurant and earning cash and that i was not getting paid by checks or anything, the only w2s i have is from another employer that i worked at for only one month and when i found this restaurant job where i can make more money i simply quit and accepted the off the book job. but at the end of the year i filed my taxes based on the restaurant job and i owed money to the IRS and i am paying them, the statement that i was talking about from my employer is a proof of employment letter from the owner of the restaurant that i am working at, and it will be signed by him and stamped by the restaurant company name, it will be official, and i wanted to know if it will work or not.

[eve eldali 0]

so now my fiancé has received a white form stating that they are sorry to refuse his visa under section 221(g) and that he is required to submit a CO-SPONSOR i-134 with supporting documents because they didn't like my 2011 tax return because i was making cash this year even though i told her i would provide a job letter she still insists on a paystub or a co-sponsor, in addition they required a new police clearance from the egyptian embassy as he lives in saudi arabia and he left egypt back in 2010 so they need a new one for 2011/2012, it also states that he will go under AP process. the co also commented on my last name change as i changed my last name when i applied for citizen 3 years ago, so she asked for a written explanation on why i dropped my last name, however i emailed the embassy asking if my fiancé needs to be reinterviewed or does he need to re-apply and she said no he just have to send the required documents along with his passport via FEDEX and that we have one year to obtain such documents. so any one been through such case? does this sheet mean that they will NOT return his papers back to USCIS to be revoked and reviewed? because i read a lot of people saying that AP could mean that the consular wants to send his papers back to USCIS and ask for revoke. we don't have any criminal background, never been arrested, never had any troubles, and our names are not even close to a terrorist names, we are clear, so is it just a matter of normal name and background check? and what happens after i send the missing documents? please we are so stressed out we been together for 5 years and we were planning for our wedding this august. any help will be appreciated, i don't sleep ever since i knew about the refusal even though its not permanent or so i understand

[belinda63 2,981]

Doesn't sound like he is being revoked, just that he needs to provide all the documents they requested. AP is pretty standard for a male from his country so don't let that worry you.

Gather all the information and send it as soon as possible.

[eve eldali 0]

Doesn't sound like he is being revoked, just that he needs to provide all the documents they requested. AP is pretty standard for a male from his country so don't let that worry you.

Gather all the information and send it as soon as possible.

i really hope so, if its a matter of being from arab country and stuff like that then i don't have to worry because am sure of our background check and this means its a normal procedure but i was only worried that it could mean a revoke and i am praying to god that his visa don't get revoked, but does usually people get approved who are in his situation after submitting the required documents?

[eve eldali 0]

i am sorry for posting the same question as i noticed my first post was in a different category by mistake. so now my fiancé has received a white form stating that they are sorry to refuse his visa under section 221(g) and that he is required to submit a CO-SPONSOR i-134 with supporting documents because they didn't like my 2011 tax return because i was making cash this year even though i told her i would provide a job letter she still insists on a paystub or a co-sponsor, in addition they required a new police clearance from the egyptian embassy as he lives in saudi arabia and he left egypt back in 2010 so they need a new one for 2011/2012, it also states that he will go under AP process. the co also commented on my last name change as i changed my last name when i applied for citizen 3 years ago, so she asked for a written explanation on why i dropped my last name, however i emailed the embassy asking if my fiancé needs to be reinterviewed or does he need to re-apply and she said no he just have to send the required documents along with his passport via FEDEX and that we have one year to obtain such documents. so any one been through such case? does this sheet mean that they will NOT return his papers back to USCIS to be revoked and reviewed? because i read a lot of people saying that AP could mean that the consular wants to send his papers back to USCIS and ask for revoke. we don't have any criminal background, never been arrested, never had any troubles, and our names are not even close to a terrorist names, we are clear, so is it just a matter of normal name and background check? and what happens after i send the missing documents? please we are so stressed out we been together for 5 years and we were planning for our wedding this august. any help will be appreciated, i don't sleep ever since i knew about the refusal even though its not permanent or so i understand

[C-ma'am 684]

i am sorry for posting the same question as i noticed my first post was in a different category by mistake. so now my fiancé has received a white form stating that they are sorry to refuse his visa under section 221(g) and that he is required to submit a CO-SPONSOR i-134 with supporting documents because they didn't like my 2011 tax return because i was making cash this year even though i told her i would provide a job letter she still insists on a paystub or a co-sponsor, in addition they required a new police clearance from the egyptian embassy as he lives in saudi arabia and he left egypt back in 2010 so they need a new one for 2011/2012, it also states that he will go under AP process. the co also commented on my last name change as i changed my last name when i applied for citizen 3 years ago, so she asked for a written explanation on why i dropped my last name, however i emailed the embassy asking if my fiancé needs to be reinterviewed or does he need to re-apply and she said no he just have to send the required documents along with his passport via FEDEX and that we have one year to obtain such documents. so any one been through such case? does this sheet mean that they will NOT return his papers back to USCIS to be revoked and reviewed? because i read a lot of people saying that AP could mean that the consular wants to send his papers back to USCIS and ask for revoke. we don't have any criminal background, never been arrested, never had any troubles, and our names are not even close to a terrorist names, we are clear, so is it just a matter of normal name and background check? and what happens after i send the missing documents? please we are so stressed out we been together for 5 years and we were planning for our wedding this august. any help will be appreciated, i don't sleep ever since i knew about the refusal even though its not permanent or so i understand

Hello Eve,

You answered your own question: "he just have to send the required documents along with his passport via FEDEX and that we have one year to obtain such documents"

So, no! It doesn't mean they are sending your petition back to USCIS asking for revoke, it just means he needs to provide ALL the documentation they requested within a year (of course, the sooner the better). They are giving you guys a chance to collect the things they are asking you for:

1- A co-sponsor

2- A new police record from Egypt

3- A written explanation on why you dropped your last name

Get those things, send them back, and if you've compiled with what they've requested, most likely, they'll stamp a VISA... and yes AP is rather common for males for countries such as his, especially if he is Muslim (but you didn't say if he was or wasn't).

Edited May 17, 2012 by Celeste & C

[eve eldali 0]

Hello Eve,

You answered your own question: "he just have to send the required documents along with his passport via FEDEX and that we have one year to obtain such documents"

So, no! It doesn't mean they are sending your petition back to USCIS asking for revoke, it just means he needs to provide ALL the documentation they requested within a year (of course, the sooner the better). They are giving you guys a chance to collect the things they are asking you for:

1- A co-sponsor

2- A new police record from Egypt

3- A written explanation on why you dropped your last name

Get those things, send them back, and if you've compiled with what they've requested, most likely, they'll stamp a VISA... and yes AP is rather common for males for countries such as his, especially if he is Muslim (but you didn't say if he was or wasn't).

actually yes, we are both muslims and both egyptian, i understand that being muslim and egyptian and live in saudi arabia is like eating chocolate pudding with chocolate and drinking hot chocolate you know when it comes to such things one gets so worried and all bad ideas keeps getting in our minds, especially me i panic and get anxious and over react to stress, i almost never sleep unless i take those sleeping pills that my doctor prescribed to calm me down a bit, imagine being so stressed ever since i applied for him back in august 2011, i hope am not dead by the time he gets his visa

[Penguin_ie 5,986]

*** three topics on the same issue merged. Lease do not post more than once on an issue/ question. If you have additional information, an update or follow- on questions, reply to the original thread so all info stays together ****

[Gary and Alla 3,694]

my fiancé was interviewed on may 12 at the us embassy in riyadh saudi arabia, and he was given a white sheet indicating that he was refused under section 221(g) due to missing documents, one of which is the egyptian police clearance for 2012 even though he left egypt back in 2010, but this is easy to obtain as he is originally egyptian and never had charges and the con officer gave him a sheet explaining exactly what they need,, now to the SECOND PART which is totally disappointing is that they refused my affidavit of support and required a co-sponsor even though my income was more than sufficient and when i required more details on why exactly was it refused and why they asked for a co-sponsor they replied that they need more evidence on how i earned my income as i only made some with w2s and the rest of income was cash, i contacted my employer as i work as a cashier and hostess in a restaurant in manhattan, and he said i will provide you with a proof of employment letter signed by me and stamped by the restaurant company name, is this enough for the embassy con to believe that i really been working and earning money? any one been through similar situation where they had to prove their income at the embassy? i can't believe that my 1040 form isn't good enough for them. any help will be appreciated.

Everyone has to prove their income at the consulate.

In addition to the 1040 form you need to provide your w-2s and/or 1099 and/or Schedule C to show the source of the income. PLUS all other attachements and schedules to your tax return. You cannot just "have income" without showing a source. Even if it is cash income from your own business, you need a schedule C for that. If you are going to claim the cash you make at your job, your employer needs to report it on the w-2 and you need to pay withholding tax on it or it does not exist. I have never heard of anyone filing a schedule C for "tips". You are not self employed. IF your employer has been keeping track of your cash income then it should be on your w-2s which you should have attached and then you would have no problem. On the other hand if your employer now writes you a letter saying you really do have $XX,XXX dollars in tips then he and you have both violated tax law. I am surprised he would put that in writing.

An alternative to this is the tax transcript, available free, which shows all your income as claimed to the IRS. If that exceeds the poverty guidelines you are good to go. If not, then you have fallen into a trap for which your reward is reduced taxes.

At any rate...you need to show the amount and source of your income, a 1040 itself does not do that, never did.

[Gary and Alla 3,694]

thank you for welcoming me, and thank for your reply.

simply my total income exceeds the poverty guideline and the embassy officer clearly stated that they are objecting because i was working at a restaurant and earning cash and that i was not getting paid by checks or anything, the only w2s i have is from another employer that i worked at for only one month and when i found this restaurant job where i can make more money i simply quit and accepted the off the book job. but at the end of the year i filed my taxes based on the restaurant job and i owed money to the IRS and i am paying them, the statement that i was talking about from my employer is a proof of employment letter from the owner of the restaurant that i am working at, and it will be signed by him and stamped by the restaurant company name, it will be official, and i wanted to know if it will work or not.

Good luck with that, this kind of answers some of my questions. Taking a job with unverifiable income is not a good idea in this process.

In writing such a letter your employer makes himself liable for, at minimum, 6.35% of every dollar you earned in payroll tax...along with you being liable for the same amount...plus penalties and taxes PLUS exposes himself to have his doors chained shut by the IRS until they figure out how many other people he has been cheating for. There is no law against employees receiving cash income, either as tips or as regular payment, but it MUST be reported to the IRS and they are supposed to withold payroll tax. While it is widely known that tips are often forgotten about...oops...it is also exceedingly rare for someone to confess to tax fraud in writing.

The decision to accept such evidence is entirely the consulates decision, they do not "have to". If your cannot show income exceeding the poverty guidelines with MORE THAN ONE source of evidence, I suggest you get a co-sponsor.

In other words, I would not be comfortable with the letter as the ONLY proof that you make that amount of money.