K1 Interview Naples

[Patricialynne 0]

My fiance is an Italian citizen and he had his interview today in Naples. He was not denied but given a white slip and they said he has 90 days to rectify the situation before denial- He told me that they said he would be a burden to the US government with the financial documentation we had provided. I lived with my fiance in Italy all of last year and was supported by my fiance while in Italy . I returned to the USA in August 2012 and found a job in September. My pay at the time was above the 125 percent of poverty level. I was offered another position the next month with a different company and took that job as the pay was better and had larger commissions. I make $500 per week gross at my new job. I included three pay stubs and a letter from the company stating my salary and that I was indeed a full time permanent employee. I also included a personal assistant job that I have that pays $200 a month with a letter from the person I work for stating the amount I make and that this position is also permanent. Total per year is $26,400. We also have a joint sponsor who has been employed with his company for 5 years and makes $60,000 plus per year,has a 401K, and real estate owned with his wife. He has two children and his wife works part time. We had all documents required from 2 years back 1040s, W2s, bank statements from 6 months back,and 2 recent pay stubs. My fiance also has his own home, he does not rent or live with his parents. How is it possible that my fiance was denied a Visa with this amount of money and the joint sponsors job stability? I am so upset as they told my fiance in other words,he needs a big sponsor who makes a lot of money in order for him to get his Visa. We tried to do everything right as the government would want us to and did not do the usual, get a tourist Visa and marry in the USA and apply for a spousal Visa. Now I wish i listened to those who warned me of this fiance Visa. Before getting an attorney I wanted to hear from people on this forum. Can anyone advise us on this devastating situation. Many thanks!!

[TBoneTX 43,482]

*** Thread moved from Embassy/Consulate forum to K-1 Case Progress subforum; duplicate posts removed from view. ***

Edited November 21, 2012 by TBoneTX

[a+j 77]

Seems weird to me that they could have denied him for no reason. Are there other people who depend on you for economical support, like kids? The amount you need to achieve varies depending on household size - check the poverty guidelines http://www.uscis.gov/files/form/i-864p.pdf

If you don't reach that amount, you need a co-sponsor. The co-sponsor must be domiciled in the US.

Good luck!

[a+j 77]

Just a little note to clarify more: you, the petitioner, are the sponsor. The beneficiary's finances cannot be considered for the K-1. Only people with domicile in the US can co-sponsor.

[Lynkali 163]

Could you provide the actual text of the denial or refusal form he received (was it a 221G or a flat denial, that could make a difference)?

Based on what you relate, it doesn't make sense to have denied him, so I'm wondering if it's possible you simply were missing a particular piece of proof (e.g. did you include your birth certificate and the birth certificate of the co-sponsor? were all forms signed? that kind of thing...) and that you might be able to resubmit the evidence to gain approval.

[Jacque67 7,328]

Did you include proof that the co-sponser lives in the US?

[Patricialynne 0]

Hi sorry for the delay. I am the petitioner who will make an estimated 24K-26K a year. I included a letter from the company I work for on company letter head paper signed by the manager. It stated that my position was permanent and full time including my earnings per week. I also included 2 recent pay stubs. (I also have a small part time personal assistant job as well), however because I had only worked a few months here in the US and not a full calender year we in addition provided a joint sponsor. He has 2 children and his wife works part time. So total including my fiance that would be 5 people. The sponsor is a US citizen. He has worked at his company for 5 years. His gross adjusted income for 2011 was 65K. We submitted 1040s and w2s from 2010 and 2011. A recent pay stub. We also included a copy of his US passport and all necessary documentation- My fiance is in the military in Italy and has been so for 11 years. He has supported himself for more than 11 years and has never depended on anyone other than himself for support. I have contacted my local congressman and am considering hiring an attorney. We do not have much money but if we have to resort to the attorney then we will do so. I hope someone can help me understand this refusal. Or give some suggestions before we hire an attorney. By the way, the refusal was for public charge and it was on a white sheet of paper. Thanks for any help or guidance you can send our way!!

[VisaK1ITA 2]

We received the same form i think... but the consul didn't even sign it!

[Patricialynne 0]

We received the same form i think... but the consul didn't even sign it!

No one signed his either.....

[USCNaples 0]

Hi sorry for the delay. I am the petitioner who will make an estimated 24K-26K a year. I included a letter from the company I work for on company letter head paper signed by the manager. It stated that my position was permanent and full time including my earnings per week. I also included 2 recent pay stubs. (I also have a small part time personal assistant job as well), however because I had only worked a few months here in the US and not a full calender year we in addition provided a joint sponsor. He has 2 children and his wife works part time. So total including my fiance that would be 5 people. The sponsor is a US citizen. He has worked at his company for 5 years. His gross adjusted income for 2011 was 65K. We submitted 1040s and w2s from 2010 and 2011. A recent pay stub. We also included a copy of his US passport and all necessary documentation- My fiance is in the military in Italy and has been so for 11 years. He has supported himself for more than 11 years and has never depended on anyone other than himself for support. I have contacted my local congressman and am considering hiring an attorney. We do not have much money but if we have to resort to the attorney then we will do so. I hope someone can help me understand this refusal. Or give some suggestions before we hire an attorney. By the way, the refusal was for public charge and it was on a white sheet of paper. Thanks for any help or guidance you can send our way!!

The same exact thing happened to my fiance today. I have never had any government funding either. The US based co-sponsor makes 66K I have three years of 24K and 24,500 in the savings (and I'm not paying rent). Still not enough. Despite being enough according to the instructions and the law. Also, I tried to clarify with the consulate through email to make sure we were prepared but they didn't respond to any emails. We are in the same boat. Unfortunately, they denied us even when we showed more evidence. I'm not sure we even have a chance now. In fact I'm sure we don't have a chance. We've wasted over $1,000 on this only to be told we don't have enough money (even if the regulations say we do).

Also, I have worked issuing student visas before, so people who say that it's a hard job and it's our fault for not being prepared, and have denied visas because they did not meet the guidelines. This is a completely different situation. This is not just complaining because we don't get what we want but something that affects our families and lives. The US has a reputation for adhering to regulations and it makes me sad when I see whatever kind of policy this is happening. Is there is a quota for immigration and are visas being denied for another reason but they just want to continue collecting fee money?

Obviously I need guidance too. Sorry for the rant.

[USCNaples 0]

Correction for last paragraph...I'm new, so I'm not sure how to edit posts...***

**Also, I have worked issuing student visas before, so people who say that it's a hard job and it's our fault for not being prepared, I completely understand that visas have to be denied when they do not meet the guidelines. This is a completely different situation. This is not just complaining because we don't get what we want but something that effects our families and lives. The US has a reputation for adhering to regulations and it makes me sad when I see whatever kind of policy this is happening. Is there a quota for immigration and are visas being denied for another reason but they just want to continue collecting fee money?**

Obviously I need guidance too. Sorry for the rant.

[USCNaples 0]

Could you provide the actual text of the denial or refusal form he received (was it a 221G or a flat denial, that could make a difference)?

Based on what you relate, it doesn't make sense to have denied him, so I'm wondering if it's possible you simply were missing a particular piece of proof (e.g. did you include your birth certificate and the birth certificate of the co-sponsor? were all forms signed? that kind of thing...) and that you might be able to resubmit the evidence to gain approval.

If it was something specific like that why wouldn't they just tell us that was all that was missing? Especially if we asked?

[Patricialynne 0]

If it was something specific like that why wouldn't they just tell us that was all that was missing? Especially if we asked?

We hired an attorney..this is clearly unacceptable....if necessary I will go to our congressman...

We had all necessary docs there is NO reason my fiance should have been denied his visa...unbelievable...

[USCNaples 0]

I know... We spent soooo much time and money just to be told that we didn't have enough resources... I even wrote a letter with all my documents to the officer breaking down how I could have supported my fiancé for at least 5 years easily on what I have now(excluding income or cosponsor). I'm sure they didn't take the time to read it of course...please keep us posted. I'm meeting with USCIS in a few days to try to get some information on how this could have happened. I don't think the officer took the time to read through everything and consider each case.

[Nikkosan 127]

Patricialynne,

How did it end up going?