Visa REFUSED... Again. Didn't even go thru AP/AR.

[Caryh 5,206]

But, she wasn't even the primary sponsor, she was just a secondary sponsor just to have on paper that they will not be public charge. They're not even here in ATL, they're in LA. There's only 4 of them that she put on the I-864, that's living in the house. My brother and I just live there, we're independents. My brother barely lives in the house. She doesn't declare me or my child on her taxes.

But how come, my stepdad? Since we submitted separate forms for him as a co-sponsor, how come they didn't take him?

No one can answer that question except the CO, who you'll never talk to. Its entirely under his discretion, and he need not justify why he didn't accept it to anyone. That's the problem with going through Manila with a K-1 and trying to use a co-sponsor. I think some CO's refuse to accept any there, and some are likely to accept them even in marginal cases. Its about the only thing that explains the randomness of rejecting K-1 cosponsors in Manila. You got unlucky and drew the short straw and got the jerk who won't accept any cosponsors. Go through it again only this time with him as your husband. There is no discretion for the CO with a CR-1 visa, they must accept the cosponsor if they meet the income requirements and the proper documents are brought.

[krinamej 1]

No one can answer that question except the CO, who you'll never talk to. Its entirely under his discretion, and he need not justify why he didn't accept it to anyone. That's the problem with going through Manila with a K-1 and trying to use a co-sponsor. I think some CO's refuse to accept any there, and some are likely to accept them even in marginal cases. Its about the only thing that explains the randomness of rejecting K-1 cosponsors in Manila. You got unlucky and drew the short straw and got the jerk who won't accept any cosponsors. Go through it again only this time with him as your husband. There is no discretion for the CO with a CR-1 visa, they must accept the cosponsor if they meet the income requirements and the proper documents are brought.

Yeah, the CO who interviewed him, didn't even looked at the co-sponsor's papers. Gave it back to my boyfriend right away. No words.

But that's what I'm saying, if they have established that they're not accepting co-sponsors for K1, then they need to refuse/deny every single K1 filers who are using co-sponsors. Because if they really are known for not accepting co-sponsors, these K1 filers wouldn't have gotten thru. Especially the ones that have no income and are only using co-sponsors.

Thank you. We'll try again next year for CR1.

[QueenE 173]

I really think its has to do with you guys not realizing the uncle and cousin would be counted, therefore making your parents ineligible or barely eligible to act as co sponsors. Did you uncle and cousin go through Manila? if so they were able to use a co sponsor correct? That's why I think the more logical reason is that your parents didn't met the requirement.

Sorry for you guys either way that really sucks.

[Pinkrlion 2,612]

So, I got an email from my fiance's mother this morning saying that I need to call her husband ASAP.

I called and I couldn't understand why he was proposing to me that we (my son and I) need to go back home to the Philippines. So I called my fiance's mother and ask. Apparently, they got an email two days ago saying that the visa is refused again, and on the document, the one that is checked is, "You have not established an adequate financial blah blah blah", when I have sent a letter, and pay stubs from my second employer this time around. Included my mother and stepfather's I-864 and I-134, tax papers and pay stubs.

My question is, is it even possible for them to refuse the Visa without putting it on AP/AR? Because ever since we submitted more docs, I have been checking the status to see if it has been updated, and on the 15th, it was updated again to Refused, but I thought someone just touched it, not reviewed it.

What would be the possible reason why we keep getting refused, when there are others who are getting approved under SS, or no annual income and stuff like that?

Since we're refused, it is possible to apply for IR1/CR1 right? But I am really getting discouraged. I don't wanna apply if we're gonna go thru this one more time. The wait is long, the money doesn't just grow on trees. #######?!?!

They do not accept I-864 for K-1 application. This maybe why there is a refusal.

[makulit909 4]

This is just a thought. Upon reading the "K1/K2 Interview Preparation Interview" link from USE Manila website, I think for K1 Visa, the CO is more particular with the petitioner's aiblity to support his/her beneficiary regardless of whether there are co-sponsors or none. If the petitioner can't meet the 100% poverty guidelines, there is a big possiblity that the Visa will be denied, unfortunately. Check this out..

http://photos.state.gov/libraries/manila/325288/packets/K1%20and%20K2%20Interview%20Preparation%20Instructions%20-%20English%20_10%20October%202013_.pdf

"EVIDENCE OF SUPPORT. You should be able to demonstrate that you will not become a public charge or be a burden on the U.S. taxpayers for financial support. A completed I-134 Affidavit of Support Form with original signature will be useful to the consular officer to evaluate your petitioner’s ability to be financially responsible for you. You should also submit your petitioner’s most recent U.S. Federal income tax return (Form 1040) and wage statements (Form W-2). Employment letters stating salaries and bank statements may be included to substantiate the I-134. "

However for Spousal Petition - I-130, You need to use I-1864 and be able to ask for joint-sponsor.

Maybe that is why they didn't even bother to check your mom's and stepdad's income.. well, this is just my thought..

Edited October 17, 2013 by makulit909

[Gary and Alla 3,694]

So, I got an email from my fiance's mother this morning saying that I need to call her husband ASAP.

I called and I couldn't understand why he was proposing to me that we (my son and I) need to go back home to the Philippines. So I called my fiance's mother and ask. Apparently, they got an email two days ago saying that the visa is refused again, and on the document, the one that is checked is, "You have not established an adequate financial blah blah blah", when I have sent a letter, and pay stubs from my second employer this time around. Included my mother and stepfather's I-864 and I-134, tax papers and pay stubs.

My question is, is it even possible for them to refuse the Visa without putting it on AP/AR? Because ever since we submitted more docs, I have been checking the status to see if it has been updated, and on the 15th, it was updated again to Refused, but I thought someone just touched it, not reviewed it.

What would be the possible reason why we keep getting refused, when there are others who are getting approved under SS, or no annual income and stuff like that?

Since we're refused, it is possible to apply for IR1/CR1 right? But I am really getting discouraged. I don't wanna apply if we're gonna go thru this one more time. The wait is long, the money doesn't just grow on trees. #######?!?!

Yes it is possible to be refused without AP, if you do not meet the qualifications, you WILL be refused without AP.

Yes it is possible to apply for a CR-1, but you have to get married first

PI is well known for refusing to accept co-sponsors and you can only have ONE co-sponsor in any case. Either your mother OR your step-father, but NOT both. If you submitted a joint tax return without separating the incomes and having ONE of them fill out an I-134, you did it wrong.

Consulates do not have the same standards for income requirements, in fact there ARE NO standard income requirements for K-1 visas. Each consulate needs to be satisfied that your fiancee will no tbecome a public charge. You have not done that.

[Gary and Alla 3,694]

This is just a thought. Upon reading the "K1/K2 Interview Preparation Interview" link from USE Manila website, I think for K1 Visa, the CO is more particular with the petitioner's aiblity to support his/her beneficiary regardless of whether there are co-sponsors or none. If the petitioner can't meet the 100% poverty guidelines, there is a big possiblity that the Visa will be denied, unfortunately. Check this out..

http://photos.state.gov/libraries/manila/325288/packets/K1%20and%20K2%20Interview%20Preparation%20Instructions%20-%20English%20_10%20October%202013_.pdf

"EVIDENCE OF SUPPORT. You should be able to demonstrate that you will not become a public charge or be a burden on the U.S. taxpayers for financial support. A completed I-134 Affidavit of Support Form with original signature will be useful to the consular officer to evaluate your petitioner’s ability to be financially responsible for you. You should also submit your petitioner’s most recent U.S. Federal income tax return (Form 1040) and wage statements (Form W-2). Employment letters stating salaries and bank statements may be included to substantiate the I-134. "

However for Spousal Petition - I-130, You need to use I-1864 and be able to ask for joint-sponsor.

Maybe that is why they didn't even bother to check your mom's and stepdad's income.. well, this is just my thought..

Good thoughts

Notice that an I-134 is "helpful", it is not required, per se. There are no particular requirements other than convincing a CO of that.

[pnjandmtc1209 9]

I was told right from the start by an immigration lawyer not to

file a K1 because he knew by the source of my income that I

would need a co-sponsor and that the Philippines doesn't accept

a co-sponsor for the K1 because it is an non immigrant visa.

He told me to get married and file a spouse visa which is the CR1

That is an immigrant visa which makes them your relative so you

have the right to petition for them. With a CR1 visa since they are

your relative by marriage the Philippines will accept a co-sponsor

for the CR1. That is what I was told by an immigration lawyer so

that's what I did. We are still waiting on approval.

[Hank_ 9,173]

So, I got an email from my fiance's mother this morning saying that I need to call her husband ASAP.

I called and I couldn't understand why he was proposing to me that we (my son and I) need to go back home to the Philippines. So I called my fiance's mother and ask. Apparently, they got an email two days ago saying that the visa is refused again, and on the document, the one that is checked is, "You have not established an adequate financial blah blah blah", when I have sent a letter, and pay stubs from my second employer this time around. Included my mother and stepfather's I-864 and I-134, tax papers and pay stubs.

My question is, is it even possible for them to refuse the Visa without putting it on AP/AR? Because ever since we submitted more docs, I have been checking the status to see if it has been updated, and on the 15th, it was updated again to Refused, but I thought someone just touched it, not reviewed it.

What would be the possible reason why we keep getting refused, when there are others who are getting approved under SS, or no annual income and stuff like that?

Since we're refused, it is possible to apply for IR1/CR1 right? But I am really getting discouraged. I don't wanna apply if we're gonna go thru this one more time. The wait is long, the money doesn't just grow on trees. #######?!?!

Yes. We checked it. My uncle and cousin was listed on the I-134. She was just a joint sponsor (not even the primary), they live in LA and we're in ATL.

My mother makes, $45000+/year and my stepfather makes $41000+. On the I-864, she put herself, my stepdad, and my two siblings and of course, my boyfriend, 'cause that's pretty much all there is to it. My other brother lives with us, but is independent in terms of financially. Well, he barely lives with us.

It's not a "known fact" that USEM does not accept co-sponsors with the K-1 visa, it is known that USEM is very difficult with accepting co-sponsors with the K-1. You have a variety of variables affecting things; your mom is already co-sponsoring two others (doesn't matter if it's co-sponsoring or sponsoring the liability is there), I don't remember if you are working or not, there are your kids.

How many are dependent on your mom (and yes being a co-sponsor is counted for the full meal deal)? Step-dad doesn't count as he has his own income, then there are siblings (??) (mom is still supporting two children? Or are you referring to you children - those are not siblings except to each other)

mom = 1, you = 1, two children = 2, cousin & uncle = 2, your fiance = 1 Total = 7 Income required $44,512 (mom is on the edge)

If you step-dad is the co-sponsor; step-dad = 1, you = 1, your two children = 2, fiance = 1 Total = 5 Income required = $34,462 (step-dad is better)

Now with all that said, if you are not working that can be a big red flag to the CO ( I am only going off memory here), and may be part of the reasoning for not accepting your co-sponsor(s). There is little you can do at this point regarding the K-1, the CO is sort of the all knowing and powerful OZ.... the CO rules.

You can go the CR-1 route and the embassy has to accept co-sponsors, but like has been mentioned already you need to verify the numbers for meeting the 125% guidelines also.

mom = 1, you = 1, two children = 2, cousin & uncle = 2, your fiance = 1 Total = 7 Income required $44,512 (mom is on the edge)

If you step-dad is the co-sponsor; step-dad = 1, you = 1, your two children = 2, fiance = 1 Total = 5 Income required = $34,462 (step-dad is better)

You may have to start over and go the CR-1 route, I know that sucks, but the options are slim to none to revive the K-1, and with the CR-1 they can't refuse a co-sponsor and at the moment your step-dad seems like the better choice.

Edited October 18, 2013 by Hank_

[KayDeeCee 4,892]

The co-sponsor does not count the USC and her children in their household count unless the co-sponsor claims them on their taxes. The mom and step dad are married, so they are included in each others household count. If the USC petitioner and her children are not claimed as dependents by the mom and step dad, then the household counts are like this:

Mom, her spouse(step dad), her other 2 kids, the uncle and cousin she sponsored before, plus the fiance. That comes to a household count of 7, as dwheels76 mentioned earlier in the thread.

If step dad did not sign to sponsor the other family members, then his count would come out to 5. If he did also sponsor the other family members, then his count is also 7.

The mom and step dad need to fill out an I-864 and an I-864A in order to combine their incomes to meet the requirement.

Edited October 19, 2013 by Jay-Kay

[Boiler 43,759]

What evidence did you supply that you current low income is temporary and will increase in the future?

[Sifa 12]

Sorry to hear about all that you are going through. We are going through the same kind of frustration as well.

I am new here and we have been waiting for the k 1 visa for over a year now with my fiancee and we are very stressed about it because there is no responses from USCIS, they say they dont know when we will be worked on. Our RFE has taken over 4 months now it is coming to five months next week, still waiting. Any suggestions on what we should do. It is stressing us a lot. Any help is highly appreciated. Has anyone waited for over a year or had their rfe for over five months? thank you guys. As we follow this journey lets keep the faith

Edited October 18, 2013 by jose1987

[dwheels76 5,463]

After reading many post on PI I-134 and some stating they know some no job or under guidelines and they were approved I think I can see what’s up.

Since the petitioner needs to demonstrate that they can support the beneficiary hopefully at some point. Many (usually college age graduates, nursing, you know) they just are starting out but the future income looks good and the government is confident in their ability to score a well-paying job. Unlike someone who may be established (i.e. maybe older) and last 2 or 3 years shaky income makes the government not have much confidence.

And since the I-134 isn’t binding and things can change dramatically from the time of POE and when you file your Affidavit of support no wonder the government is like this on this subject.

[Caryh 5,206]

After reading many post on PI I-134 and some stating they know some no job or under guidelines and they were approved I think I can see what’s up.

Since the petitioner needs to demonstrate that they can support the beneficiary hopefully at some point. Many (usually college age graduates, nursing, you know) they just are starting out but the future income looks good and the government is confident in their ability to score a well-paying job. Unlike someone who may be established (i.e. maybe older) and last 2 or 3 years shaky income makes the government not have much confidence.

And since the I-134 isn’t binding and things can change dramatically from the time of POE and when you file your Affidavit of support no wonder the government is like this on this subject.

I've seen cases where the petitioner was on SSI or SS and had no chance of improving their income, yet they were allowed a co-sponsor on a K-1 in Manila. The only thing that really makes sense about it there, is some of the CO's just refuse all cosponsors in Manila and some are more open to it. So its partly luck of the draw, and partly having all you ducks in a row on the forms. The only thing you can say for sure about a cosponsor on a K-1 in Manila is there's no guarantee it will be accepted or not. If you need a guarantee for using a cosponsor in Manila, get married and go the CR-1 route.

[KendrickPaula 2]

SAME SITUATION for k1. got denied. didnt accept co sponsor.. now we're getting married..