Interview denied

[Barbiedoll 0]

Engagement:June 3,2011

Sent I-129F package -September 23,2011

NOA1-September 26,2011

NOA2- Approval notice February 10,2012

MNL CASE-February 22, 2012

Interview- April 16, 2012 VISA DENIED

under section 212(a)(4) & 221(g)

I wasn't working at that time I was going to school I was seventeen Im turning 18 this friday June 01,2012

& I just had our baby on december 9,2011 via Cesarean

But my mom & I had my brother co-sponser i asked the embassy if it was ok i wasn't working but i had a co-sponser

they said it was ok, I fill out all types of fiance visa also my brother too fill out the same thing i filled out which was

I-134 I-134A, I-864,I-864A etc... they said i can use Co-sponser if im still in school. the only option they gave us is to get married

or I can work & give montly pay stubbs. My fiance hasn't seen his daughter since her birth now she's turning 6 months.

What should i DO ?

[Ryan H 3,812]

Moved from K1 Process & Procedures to Philippines regional forum; OP's situation may require country specific answers.

[gretchen_darren 67]

hmm, sounds like insufficient funds on affidavit of support (which is NOT considered during the I-129F process at USCIS) and insufficient evidence during interview.

the other part I am trying to understand is you are (or were) 17 and a US Citizen? I can understand the CO asking LOTS of questions during the interview of the fiancee.

I understand your situation, but this is questionable grounds in the Philippines. Philippine law does not allow anyone to marry under the age of 18. You can marry someone under the age of 18 in the Philippines, but this is only by the Padre of a Parish (or church) agreeing to perform the ceremony under exigent circumstances (it benefits the girl and provides for a baby in which there is no family to assist the girl or the girl has been disowned by her family.) (a marriage under the age of 18 in the Philippines is RARE.)

Expect a very difficult road on your process. Your parents and you SHOULD plan on going to the Embassy in Manila to plead your case with the CO during the interview.

[Mogambi 96]

Yeah I'm a bit confused too, is this person writing the petitioner? She's 17, just had a baby, and her fiance is the one living overseas? I guess that must be it. I'm so used to man bringing over women from the Philippines, at first I thought maybe SHE was in the Philippines trying to get here.

The codes seem to indicate 'missing paperwork' and that they suspect you cannot support your fiance, something you are required to be able to prove. Even though you got your brother to co-sponser, they must be concerned that either he doesn't make enough money, or that they suspect that with a baby also coming, he won't be able to support all three of you. I can't say I blame the CO for doubting it.

I agree you are going to have a very tough time, which is too bad. You might want to considering getting married first.

But sorry to hear it, it must be very hard with a young baby...

I don't know the process to appeal, but you should be careful not to just appeal under the same circumstances I would think. But did they tell you what documents you were missing?

Wishing you all the best luck.

[Mogambi 96]

Also it says that 'sponsors signing the affidavit must be 18 years old'

Even with your brother co-sponsoring, maybe they denied you because you are 17 years old? If so, then perhaps you can make your case as soon as you turn 18.

[Darnell 8,478]

Also it says that 'sponsors signing the affidavit must be 18 years old'

Even with your brother co-sponsoring, maybe they denied you because you are 17 years old? If so, then perhaps you can make your case as soon as you turn 18.

I'm gonna lean towards this age-bit, for now.

[Barbiedoll 0]

Yeah I'm a bit confused too, is this person writing the petitioner? She's 17, just had a baby, and her fiance is the one living overseas? I guess that must be it. I'm so used to man bringing over women from the Philippines, at first I thought maybe SHE was in the Philippines trying to get here.

The codes seem to indicate 'missing paperwork' and that they suspect you cannot support your fiance, something you are required to be able to prove. Even though you got your brother to co-sponser, they must be concerned that either he doesn't make enough money, or that they suspect that with a baby also coming, he won't be able to support all three of you. I can't say I blame the CO for doubting it.

I agree you are going to have a very tough time, which is too bad. You might want to considering getting married first.

But sorry to hear it, it must be very hard with a young baby...

I don't know the process to appeal, but you should be careful not to just appeal under the same circumstances I would think. But did they tell you what documents you were missing?

Wishing you all the best luck.

-My brother had a good salary he was eligible i asked the embassy,my brother is 26 years old & been working for almost 10 years. Im 18 this friday, when they interviewed him they told him there is nothing wrong with the documents just the affidavit of support, Im working now i just started , After august i need to give them my 3 months pay stubbs ,I'm the petitioner.

they gave him a paper they said its temporary denial only but we were thinking that probably they just denied it for now because i was minor .hopefully i get a good news this coming weekend .Btw I am a US citizen

[Mogambi 96]

OK well just to be clear, what do you mean they said the documents were OK just the affidavit of support? That is a document too. The code that they gave you was 1) that you were missing documents, and 2) they don't believe you can support your fiancé. So clearly they weren't happy about your brothers affidavit of support for some reason. If they told you it was temporary, then great.

[Barbiedoll 0]

OK well just to be clear, what do you mean they said the documents were OK just the affidavit of support? That is a document too. The code that they gave you was 1) that you were missing documents, and 2) they don't believe you can support your fiancé. So clearly they weren't happy about your brothers affidavit of support for some reason. If they told you it was temporary, then great.

I had to be the one who's supporting, I asked my fiance what they told him he said that the affidavit of support cannot have co-sponsor they said it has to be me who should be supporting him, unless if i give them 3 pay stubbs they can take my brother as my co-sponser ,they weren't explaining things clearly but hopefully when i give them the 3 pay stubbs hopefully they can do something then about my fiance's visa.

[Darnell 8,478]

op - did YOU submit an affadavit of support, that YOU signed, an I-134, or no ?

[Barbiedoll 0]

op - did YOU submit an affadavit of support, that YOU signed, an I-134, or no ?

yes i did

[gretchen_darren 67]

one other thing to consider is the age of consent to marry in your state of residence. Most states are now 18.

[Mogambi 96]

It also states that the person signing the affidavit must be 18. At 17, I don't think the US will recognize you as legally old enough to sign that document. Maybe that was part of the problem.

[Hank_ 9,174]

I had to be the one who's supporting, I asked my fiance what they told him he said that the affidavit of support cannot have co-sponsor they said it has to be me who should be supporting him, unless if i give them 3 pay stubbs they can take my brother as my co-sponser ,they weren't explaining things clearly but hopefully when i give them the 3 pay stubbs hopefully they can do something then about my fiance's visa.

Sounds like the embassy is willing to wait for three pay stubs and will review the visa application then. There is hope it what is sounds like to me.

[Caryh 5,206]

At age 17 you cannot enter into a legally binding contract. So you will need to sign a new I-134 dated after you turn 18. For an I-129F the CO has a lot of discretion to accept a co-sponsor or not. They also have discretion to accept your income or not. Even if they accept the co-sponsor, they still need you as a legal sponsor, and at 17 you could not sign legally sign the sponsorship form. Hopefully they will hold this long enough at the embassy for you to get the new I-134 to him and the pay stubs.