221(g) at Bangkok Embassy

[sammdt 4]

It's raining cats and dogs so as my experience at Bangkok Embassy... I cam so early and never had a problem on the process of application, been aware of the requirements specially the affidavit of support...to my dismay, after 15 mins of interview, the Strict Consul told me that " I'm so sorry, I'm refusing the issuance of your visa because your fiancee is not showing any commitment to you because he is not capable of supporting you, so I'm going to give you a 221 form, you tell your fiancee to write a letter to the embassy that he's willing to commit and support you all the way, and send a copy of his bank statement...

I was so surprised knowing that he's had 33,000 USD for 2011 and 2012, he's living with his two kids ( a 17 yr old who is working part-time & an 11 yr old)...and his been working at the same company for 10 yrs now...I'll attached here a copy of Poverty Guideline for 2013...and I strongly believed that the consul is so unfair to give that judgement.... Can anyone advised me what to do and share some experience like this? He even told me to provide the documents then send them together with my passport...We're confused and doubting if we still have hope to get the visa or is this total denial...

The following guideline figures represent annual income.

2013 Poverty Guidelines for the 48 Contiguous States and the District of Columbia Back to TopPersons in family/householdPoverty guidelineFor families/households with more than 8 persons, add $4,020 for each additional person.1$11,490215,510319,530423,550527,570631,590735,610839,630

[Andy and Pui 16]

Sorry this is happening to you. What exactly did the 221g say? Out of curiosity did the both of you send in signed letters saying you will marry each other within 90 days of getting married in the intial petition and then send an updated copy for the interview? Also did you submit any IRS tax transcripts?

[sammdt 4]

Thanks for the reply...I sent our intent of letter to marry upon filing of the petition, and sent another copy from his side during the interview, I also submitted the IRS of 2011 and 2012...the comment was "Petitioner failed to demonstrate sufficient income to sponsor an immigrant."... how could this be?coz no matter how I check the 2013 Poverty guideline, it only requires 24K USD for the 4 of us...and his IRS for 2011 was 32K and for 2012 was 33K...is this denial or we can still waive it by submitting what the consul was asking?

Sorry this is happening to you. What exactly did the 221g say? Out of curiosity did the both of you send in signed letters saying you will marry each other within 90 days of getting married in the intial petition and then send an updated copy for the interview? Also did you submit any IRS tax transcripts?

[greg&onos 0]

Am so sorry about this, i think your fiance should write a letter as a the CO suggested... stating he is willing to support you also probably to the tune of how much, like a monthly allowance or something. He should attach his bank statements and also request a cover letter from the bank, stating why he is requesting the bank statement.

I believe the CO needs your fiance to prove he is willing and ready to support you if he can only show evidence that he is capable. I hope this helps

[sammdt 4]

thanks so much...he's really disappointed and couldn't sleep...he really wanna come and get married ASAP, but i told him to wait and just try complying to the needed for 221 g then after the result, we'll proceed to plan B...

Am so sorry about this, i think your fiance should write a letter as a the CO suggested... stating he is willing to support you also probably to the tune of how much, like a monthly allowance or something. He should attach his bank statements and also request a cover letter from the bank, stating why he is requesting the bank statement.

I believe the CO needs your fiance to prove he is willing and ready to support you if he can only show evidence that he is capable. I hope this helps

[Hershey888 5]

If u dnt mind me asking, is he in the military? And wat state is he in? I live in california and i need to have atleast 19k income for the fiance and its just the two of us. I think u got ur info wrong( sorry). U need 125% of the poverty line and upon researching the website u posted is not the uscis. Andcorrect me if am wrong $23,550 for 4 people.

I strongly suggest your fiance finds a co sponsor. Sorry: (

[dwheels76 5,463]

Well for family of 4 the guideline is $28,812.

How did he fill out his I-134 did he put adjusted income or what?

Was there someone else he included on taxes he doesn't have to know like ex-wife?

He needs to write a letter like they said and submit his bank statements seems they are thinking something here.

[sammdt 4]

he's not...i got it frm the the Office of Federal Register... yup, it was stated that 23,550k...for that 4, i'll be included with his two sons...and his Income Tax shows, 32 K for 2011, and 33K for 2012...and for the co-sponsor, its not accepted for K1 visa here...He's from California too...

If u dnt mind me asking, is he in the military? And wat state is he in? I live in california and i need to have atleast 19k income for the fiance and its just the two of us. I think u got ur info wrong( sorry). U need 125% of the poverty line and upon researching the website u posted is not the uscis. Andcorrect me if am wrong $23,550 for 4 people.

I strongly suggest your fiance finds a co sponsor. Sorry: (

[sammdt 4]

He stated his basic pay in the I-134, and he just included his two sons (17 and 11 y.o)

He's never been married...

I have one thing in mind upon saying that The consul couldn't find commitment frm him...We have a 15 yrs age gap and both were never been married...I just don't know what's up with him...sighs...ty though for the suggestion

Well for family of 4 the guideline is $28,812.

How did he fill out his I-134 did he put adjusted income or what?

Was there someone else he included on taxes he doesn't have to know like ex-wife?

He needs to write a letter like they said and submit his bank statements seems they are thinking something here.

[Hershey888 5]

Go to uscis website. Type I864p thats where the poveety guidelines is. Il paste the link i dnt if it will work here.

http://www.uscis.gov/files/form/i-864p.pdf

Edited January 31, 2013 by Hershey888

[Ning 619]

If u dnt mind me asking, is he in the military? And wat state is he in? I live in california and i need to have atleast 19k income for the fiance and its just the two of us. I think u got ur info wrong( sorry). U need 125% of the poverty line and upon researching the website u posted is not the uscis. Andcorrect me if am wrong $23,550 for 4 people.

I strongly suggest your fiance finds a co sponsor. Sorry: (

Co sponsors are not allowed for K 1s at BKK.

[Ning 619]

Thanks for the reply...I sent our intent of letter to marry upon filing of the petition, and sent another copy from his side during the interview, I also submitted the IRS of 2011 and 2012...the comment was "Petitioner failed to demonstrate sufficient income to sponsor an immigrant."... how could this be?coz no matter how I check the 2013 Poverty guideline, it only requires 24K USD for the 4 of us...and his IRS for 2011 was 32K and for 2012 was 33K...is this denial or we can still waive it by submitting what the consul was asking?

You may need to have the USC submit the story here to be certian the info given is correctly stated.

If the 221 says what you say it does the problem could be in the documents submitted as part of the support info. Meaning they dont want " the IRS for 2011 and 12. What does that mean? What they want are his lastest tax transcripts. These are proof of his income and that his taxes are current. The problem doesnt seem to be with the income amount. Its the method used to indicate it.

The next actions you take need to be carefully thought thru so they dont result in an actual denial. Right now they simply want the current and correct info required to grant the visa. They have requested you submit that with your passport so they can issue the visa.

Make sure the USC understands exactly what to do. If not try plan B as you say which should be to marry in Thailand so you can get a CR 1 type visa.

[sammdt 4]

Thanks so much Ning...I already informed my fiancee and he's about to contact an immigration lawyer...ty ty

You may need to have the USC submit the story here to be certian the info given is correctly stated.

If the 221 says what you say it does the problem could be in the documents submitted as part of the support info. Meaning they dont want " the IRS for 2011 and 12. What does that mean? What they want are his lastest tax transcripts. These are proof of his income and that his taxes are current. The problem doesnt seem to be with the income amount. Its the method used to indicate it.

The next actions you take need to be carefully thought thru so they dont result in an actual denial. Right now they simply want the current and correct info required to grant the visa. They have requested you submit that with your passport so they can issue the visa.

Make sure the USC understands exactly what to do. If not try plan B as you say which should be to marry in Thailand so you can get a CR 1 type visa.

[Ning 619]

Thanks so much Ning...I already informed my fiancee and he's about to contact an immigration lawyer...ty ty

What ever you think is best but a lawyer will simply take your money and tell you what you already know. You can comply with the request of the embassy pretty easily. The lawyer will just add time and expense. But if you have both and need to feel someone can help you its ok.