Embassy is ignoring my affidavit of support, any suggestions?

[Trav 0]

Hey everybody,

I am a full-time college student. I bring in $1300 per month from my military college benefits, and have more than $40,000 in assets. I knew this alone would not be enough, so I had my father fill out an affidavit of support. He makes about $68,000 per year, so I thought that would be more than sufficient to make up for my lack of income.

My fiancée completed the interview in October, but did not get approved because I was missing a tax return for 2011. We sent in a letter explaining that, and she recently received a call from immigration notifying us that we do have sufficient evidence that I will be able to support her financially here in the U.S.

I was going to send immigration an email to get more information, but first I thought I should run it by you guys. Even if I had no income, wouldn't the affidavit of support cover me? If not, then what is the purpose of even having the affidavit? Do you think getting a part-time job would be enough to put me in the clear? I am worried that my only option at this point is to leave school and get a full-time job...

[Caryh 5,206]

Embassies are not required to accept co-sponsors for a K-1 visa. Its up to their discretion. I don't know how the embassy in Thailand feels about co-sponsors, some are more accepting than others. Embassies are required to accept co-sponsors for CR-1 visas. My advice would be don't quit school, get married and reapply if things don't work out with the K-1.

Using assets can be tricky business, what you see as assets may not be acceptable, or how you presented the proof of them may not be acceptable. You should really give more information on what assets you're using, and how you presented proof. Also what form and evidence did you provide from your father's affidavit of support?

[Trav 0]

Thanks for the reply Cary,

The only asset I listed for myself was my savings account, so all of that is cash. For my college benefits I provided a bank statement showing that I received the payments for two consecutive months as well as a letter from the Veteran's Administration confirming my eligibility.

As for my father, we just had him list his income and supported it with a signed letter from his employer. By the way, my fiancée actually works for the embassy, so I admit that I thought our case would be easier than this. I guess I was wrong

[Karee 4,191]

Hey everybody,

I am a full-time college student. I bring in $1300 per month from my military college benefits, and have more than $40,000 in assets. I knew this alone would not be enough, so I had my father fill out an affidavit of support. He makes about $68,000 per year, so I thought that would be more than sufficient to make up for my lack of income.

My fiancée completed the interview in October, but did not get approved because I was missing a tax return for 2011. We sent in a letter explaining that, and she recently received a call from immigration notifying us that we do have sufficient evidence that I will be able to support her financially here in the U.S.

I was going to send immigration an email to get more information, but first I thought I should run it by you guys. Even if I had no income, wouldn't the affidavit of support cover me? If not, then what is the purpose of even having the affidavit? Do you think getting a part-time job would be enough to put me in the clear? I am worried that my only option at this point is to leave school and get a full-time job...

The Bangkok embassy for the most part does not accept co-sponsors for K visas. However, I have seen them make exceptions for university students. The first thing you need to do is send an email to the embassy to clarify your situation. Let them know you are a student etc. and that your father is willing to be a co-sponsor. You will need to send the email to:

visasbkk2@state.gov and also visasbkkiv@state.gov

Make sure in the subject line of the email you put: IV Inquiry BNK2012xxxxxxxx

The BNK2012 number will be your case number that you were assigned from NVC.

Good luck!

[Ana&Tony 1]

As for my father, we just had him list his income and supported it with a signed letter from his employer. By the way, my fiancée actually works for the embassy, so I admit that I thought our case would be easier than this. I guess I was wrong

If you chose your father as a co-sponsor ..he needs to fill out separate Affidative of support, and also you should add here his passport copy and birth certificate,letter about relationship between co-sponsor and you (friend,relative) and letter from work where his salary will be written.In Russia embassy accepts co-sponsor's affidatives of support.

Sometimes place of work makes troubles of getting visa.Good luck to you!

Edited December 21, 2012 by Ana&Tony

[Ning25 620]

Hey everybody,

I am a full-time college student. I bring in $1300 per month from my military college benefits, and have more than $40,000 in assets. I knew this alone would not be enough, so I had my father fill out an affidavit of support. He makes about $68,000 per year, so I thought that would be more than sufficient to make up for my lack of income.

My fiancée completed the interview in October, but did not get approved because I was missing a tax return for 2011. We sent in a letter explaining that, and she recently received a call from immigration notifying us that we do have sufficient evidence that I will be able to support her financially here in the U.S.

I was going to send immigration an email to get more information, but first I thought I should run it by you guys. Even if I had no income, wouldn't the affidavit of support cover me? If not, then what is the purpose of even having the affidavit? Do you think getting a part-time job would be enough to put me in the clear? I am worried that my only option at this point is to leave school and get a full-time job...

In general the embassy in BKK doesnt accept co sponsors for K 1 cases. By sending in the 134? form for using one, you have attempted to circumvent the procedures. Your fathers ability to support you many not mean anything in this case.

The embassy requires proof that you as the USC can supply the required support. You say here that immigration? notified us? that we? do have sufficent evidence. Who notified you? Who are we? What is the evidence?

Your income now is in place to provide you a college education paid in part by the US govt I think. That income isnt sufficent to cover the living expenses of a family of two. See the info on what is required to meet the minimum income requirements. Thye purpose of the support affidavit is to determine if YOU can supply the suport required for the immigrant you want to sponsor.

In 3 cases I helped with BKK did allow the use of co sponsors for college students. I would need more and clear info to determine what might be done to help you.

You dont have to quit school but you may have to go to Thailand to get married which would allow you to file a C R 1 type case. That type does allow the use of co sponsors using the 864 form.

[Caryh 5,206]

I believe you need to file your taxes regardless of if you have taxable income. This is part of what is screwing you up. For your father's affidavit of support, he also needs to supply his taxes and proof of income. I hope some more knowledgeable people than I come forth and give you a few more ideas on how to get the requirements met. Bureaucrats can be a real pain in sticking to their rules, having the tax form even if there is no taxable income for 2011 may be your biggest trouble now. I'd say file late and send a copy of that to, as well as getting a new affidavit of support form from your father with his proof of income. You should look into the Thailand specific forum here and see if co-sponsors are accepted at that embassy. My wife is from the Philippines, where its hit or miss with co-sponsors. Works for some and others get them rejected.

Thanks for the reply Cary,

The only asset I listed for myself was my savings account, so all of that is cash. For my college benefits I provided a bank statement showing that I received the payments for two consecutive months as well as a letter from the Veteran's Administration confirming my eligibility.

As for my father, we just had him list his income and supported it with a signed letter from his employer. By the way, my fiancée actually works for the embassy, so I admit that I thought our case would be easier than this. I guess I was wrong

[Ning25 620]

If you chose your father as a co-sponsor ..he needs to fill out separate Affidative of support, and also you should add here his passport copy and birth certificate,letter about relationship between co-sponsor and you (friend,relative) and letter from work where his salary will be written.In Russia embassy accepts co-sponsor's affidatives of support.

Sometimes place of work makes troubles of getting visa.Good luck to you!

Mistaking Thailand for Russia is a very bad idea. This info is totaly and completely wrong.

[Ana&Tony 1]

Mistaking Thailand for Russia is a very bad idea. This info is totaly and completely wrong.

I know what country we are talking about and i know about rules in Thailand.Just if there are exceptions for students ...they may try it now...To have co-sponsor.

[Ning25 620]

I know what country we are talking about and i know about rules in Thailand.Just if there are exceptions for students ...they may try it now...To have co-sponsor.

Ok. Then what is your exact advise as to how exactly he should present his case because a mistake will result in a denial. That denial will be final.

The exceptions for students is rare.

[Ana&Tony 1]

Ok. Then what is your exact advise as to how exactly he should present his case because a mistake will result in a denial. That denial will be final.

The exceptions for students is rare.

Advice...is listen to other advices.I haven't been in such situation and can't say exactly what to do...but there is no way back as I understand here.They can try add these documents and letter from dad that he agreed to be their co-sponsor.If it won't work..then K-3 visa.

Edited December 21, 2012 by Ana&Tony

[Ning25 620]

Advice...is listen to other advices.I haven't been in such situation and can't say exactly what to do...but there is no way back as I understand here.They can try add these documents and letter from dad that he agreed to be their co-sponsor.If it won't work..then K-3 visa.

Ok but I hope he knows the K 3 is obsolete therefore wont happen. Best to understand the process and procedures as they apply to specifc embassies for these situations.

As far as I know from my own involvement in such cases simply stating he is a student isnt enough. A student has limited income and in fact as we see in this case his income is from U S govt sources. That income is intended to be used solely for his education and is probably less than his expenses for a month. The embassy must be satisfied that he can generate income that supports the immigrant.

[Cathi 5,903]

I believe you need to file your taxes regardless of if you have taxable income. This is part of what is screwing you up. For your father's affidavit of support, he also needs to supply his taxes and proof of income. I hope some more knowledgeable people than I come forth and give you a few more ideas on how to get the requirements met. Bureaucrats can be a real pain in sticking to their rules, having the tax form even if there is no taxable income for 2011 may be your biggest trouble now. I'd say file late and send a copy of that to, as well as getting a new affidavit of support form from your father with his proof of income. You should look into the Thailand specific forum here and see if co-sponsors are accepted at that embassy. My wife is from the Philippines, where its hit or miss with co-sponsors. Works for some and others get them rejected.

I know for the I-864 if you do not have taxable income they allow to explain why, and to show the tax rule as to why you don't have to file. I did not file a tax return for 2011 because all of my income is non-taxable, my affidavit of support was accepted and approved. As far as the I-134 and he K-1 I don't know. I-134 is a totally different animal, and Thailand does not allow for joint sponsors on a K-1. So either way it is a moot point I guess. The best thing to do if they won;t accept a joint sponsor for the K-1 is to withdraw the K-1, get married and reapply with an I-130 for the CR-1 with you joint sponsor.

Edited December 21, 2012 by mimolicious

[Gary and Alla 3,696]

Thanks for the reply Cary,

The only asset I listed for myself was my savings account, so all of that is cash. For my college benefits I provided a bank statement showing that I received the payments for two consecutive months as well as a letter from the Veteran's Administration confirming my eligibility.

As for my father, we just had him list his income and supported it with a signed letter from his employer. By the way, my fiancée actually works for the embassy, so I admit that I thought our case would be easier than this. I guess I was wrong

1. Bangkok does not accept co-sponsors for K-1s. College benefits are not considered income/assets EXCEPT specific housing allowances which MAY be considered, I doubt Bangkok would.

2. Cash in the bank is not always counted as an asset because it can easily appear and disappear. It is up to the consulate whether to cosider an asset or not. At any rate, $40,000 in cash is not enough, it would need to be closer to $60,000 to meet the quaification

3. Working for the embassy will make no difference

One option often used for couples in Thailand is for them to get married in Thailand and then fole an I-130. For this visa the Affidavit of Support is handled by NVC, not the consulate in Bangkok and they DO accept co-sponsors.

[Gary and Alla 3,696]

Ok. Then what is your exact advise as to how exactly he should present his case because a mistake will result in a denial. That denial will be final.

The exceptions for students is rare.

Marry her and file for a CR-1. NVC does the Affidavit under their rules. Simple.

This is just a matter of the OP not studying the requirements, making assumptions and choosing the wrong path for his particular situation and his particular consulate. Let the denial stand, withdraw the petition, marry her and file for a CR-1.

Fastest, cheapest and easiest solution