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Posted

Well the topic title says it all.

We can't find a co-sponsor.

What are our options now?

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
I am the beneficiary.

LPR since May 2019. 
 
Started ROC on March 14th 2018.
 
NOA 1:  March 30th 2018.
Biometrics: May 25th 2018.
Card being processed: May 5th 2019
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Posted (edited)

The US citizen could move to Belgium.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Posted

Sorry but there are few options. You have to prove that you can support your fiance/spouse once he/she gets here. Either by yourself or with a sponsor. The only option I know is to get a second job to increase your income so you fall within the guidelines but of course even if you found a new job tomorrow you must wait even longer. Sorry but I know of no other options. Good luck and God Bless

Aloha Ke Akua

Posted

Heck I don't even know what to do now. Do I call the embassy and tell them we can't find a sponsor? Do they just close the case or do they deny it?


If it does get denied.. will that raise any red flags or cause issues, if we decide to marry & apply for a spouse visa?

Help..

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
I am the beneficiary.

LPR since May 2019. 
 
Started ROC on March 14th 2018.
 
NOA 1:  March 30th 2018.
Biometrics: May 25th 2018.
Card being processed: May 5th 2019
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Posted (edited)

Heck I don't even know what to do now. Do I call the embassy and tell them we can't find a sponsor? Do they just close the case or do they deny it?

If it does get denied.. will that raise any red flags or cause issues, if we decide to marry & apply for a spouse visa?

Help..

Same problem with spouse visa. You have to prove that you can support her or have a co-sponsor. As far as I know there is no way around that. But then again would it be wise to bring him/her here if you cannot afford to eat and have a roof over your heads? They will most likely ask for a co-sponsor. If you cannot provide that the case will just be denied and/or closed. I suppose when they ask for a sponsor you should then inform them that you do not have one. Good luck.

Aloha Ke Akua

Edited by David & Zoila
Posted

Same problem with spouse visa. You have to prove that you can support her or have a co-sponsor. As far as I know there is no way around that. But then again would it be wise to bring him/her here if you cannot afford to eat and have a roof over your heads? They will most likely ask for a co-sponsor. If you cannot provide that the case will just be denied and/or closed. I suppose when they ask for a sponsor you should then inform them that you do not have one. Good luck.

Aloha Ke Akua

The thing is that my fiance isn't rich, but he lives comfortable.

But his house was destroyed in hurriance Isaac in 2012, which caused him having to take off a lot of days from work so he could rebuild.

So he did not make enough money this year.

Had we filed a year earlier, then all would've been fine. But no one could've predicted that hurriance disaster.

So his mom wanted to co-sponsor, but same problem.

Nonetheless I did go to the interview and explained everything, with supporting documents. And also with assets, like 2 savings accounts, a house without mortage, etc etc.

But the embassy decided that this was not enough and that we need another sponsor.

After asking around for a long time (my fiance has only his mother, his retired grandma and few close friends due to distance).

Then we did find someone, all was set but last minute he decided not to do it. That's the problem.

So now we don't know what to do, since we tried everything so far and still can't find anyone.. because there isn't anyone left. Unless some millionaire drops out of the sky and decides to do it. Lol.

If we go for the spouse visa, then my fiance will first save up until we have enough for a new affidavit. So this is not an issue for the future.

I'm talking about now, just making that clear.

So when I inform the embassy, as you said, do they just withdraw the petion or does that count as a denial?

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
I am the beneficiary.

LPR since May 2019. 
 
Started ROC on March 14th 2018.
 
NOA 1:  March 30th 2018.
Biometrics: May 25th 2018.
Card being processed: May 5th 2019
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Posted

The thing is that my fiance isn't rich, but he lives comfortable.

But his house was destroyed in hurriance Isaac in 2012, which caused him having to take off a lot of days from work so he could rebuild.

So he did not make enough money this year.

Had we filed a year earlier, then all would've been fine. But no one could've predicted that hurriance disaster.

So his mom wanted to co-sponsor, but same problem.

Nonetheless I did go to the interview and explained everything, with supporting documents. And also with assets, like 2 savings accounts, a house without mortage, etc etc.

But the embassy decided that this was not enough and that we need another sponsor.

After asking around for a long time (my fiance has only his mother, his retired grandma and few close friends due to distance).

Then we did find someone, all was set but last minute he decided not to do it. That's the problem.

So now we don't know what to do, since we tried everything so far and still can't find anyone.. because there isn't anyone left. Unless some millionaire drops out of the sky and decides to do it. Lol.

If we go for the spouse visa, then my fiance will first save up until we have enough for a new affidavit. So this is not an issue for the future.

I'm talking about now, just making that clear.

So when I inform the embassy, as you said, do they just withdraw the petion or does that count as a denial?

Your fiance does not have to "save up". He needs to have a job with sufficient income for at least one tax year as far as I understand it. Now I could be wrong and maybe others will chime in on this. He needs to have a job and report and file income taxes. The he needs to provide proof of income and filing of taxes. These same requirements apply for K-1 or CR-1. Withdrawal or denial, I am not sure which one and do not imagine that it makes any difference. I know of no way around this unless that millionaire shows up. I wish you the best. God Bless

Aloha Ke Akua

Posted

One more thing. It does not matter how comfortably your fiance lives...all that matters to the US is that he makes a certain percentage over the poverty guidelines based on your family size. Sorry.

Posted

Your fiance does not have to "save up". He needs to have a job with sufficient income for at least one tax year as far as I understand it. Now I could be wrong and maybe others will chime in on this. He needs to have a job and report and file income taxes. The he needs to provide proof of income and filing of taxes. These same requirements apply for K-1 or CR-1. Withdrawal or denial, I am not sure which one and do not imagine that it makes any difference. I know of no way around this unless that millionaire shows up. I wish you the best. God Bless

Aloha Ke Akua

Oh geesh, the internet ate part of my sentence there.

I meant to type:

If we go for the spouse visa, then my fiance will first save up, even take on a second or a new job, until we have enough for a new affidavit.

So as I said before, it could all work out for the future if we apply for a different/new visa.

I was just wondering what could be done with the current one.

But okay, you pretty much answered that too. :thumbs:

I'm just concered that a denial will cause issues for the new application..

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
I am the beneficiary.

LPR since May 2019. 
 
Started ROC on March 14th 2018.
 
NOA 1:  March 30th 2018.
Biometrics: May 25th 2018.
Card being processed: May 5th 2019
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Posted (edited)

The visa will be denied if the primary sponsor's income / assets are not sufficient and you cannot find a co-sponsor. It should have no bearing on any future applications that you file (be that another K-1 or a spousal visa).

One upshot to a spousal visa is that, if the primary sponsor uses assets to make up any shortfall in the different between their income and the poverty level, then it only needs to be a factor of three in assets, as opposed to a factor of five on a K-1.

For example, if his income was $15,000 and you needed to demonstrate $20,000 for the affidavit of support, for a K-1 he would need to show $25,000 in assets ($20,000 - $15,000 x 5), but on a spousal visa he would only need to demonstrate $15,000 in assets ($20,000 - $15,000 x 3). If he intends to use assets then this can be an important distinction.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Posted

The visa will be denied if the primary sponsor's income / assets are not sufficient and you cannot find a co-sponsor. It should have no bearing on any future applications that you file (be that another K-1 or a spousal visa).

Okay that makes me feel more relieved. It's good to know that we can start over without having to be worried about a possible red flag.

Thank you. :thumbs:

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
I am the beneficiary.

LPR since May 2019. 
 
Started ROC on March 14th 2018.
 
NOA 1:  March 30th 2018.
Biometrics: May 25th 2018.
Card being processed: May 5th 2019
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Filed: Timeline
Posted

Your fiance does not have to "save up". He needs to have a job with sufficient income for at least one tax year as far as I understand it. Now I could be wrong and maybe others will chime in on this. He needs to have a job and report and file income taxes. The he needs to provide proof of income and filing of taxes. These same requirements apply for K-1 or CR-1. Withdrawal or denial, I am not sure which one and do not imagine that it makes any difference. I know of no way around this unless that millionaire shows up. I wish you the best. God Bless

Aloha Ke Akua

Doesn't have to have any income for any tax years. Just has to have enough current income -- that means income right now.

Posted

Doesn't have to have any income for any tax years. Just has to have enough current income -- that means income right now.

Really, then why did I have to provide "At least one year of tax returns". I provided three years. I may be wrong and if I am I guess I did a lot of work for nothing. How do you prove your income if you have not filed far at least one year? How does one prove current income? Just asking.

Filed: Citizen (apr) Country: Portugal
Timeline
Posted

You can use a letter from your employer stating your position, if you're full-time, hired employer, and stating how much you earn. Recent pay stubs also confirm the current income.

One thing I found odd in your story is why you say your fiance lives comfortably, yet his income was not enough. Did you simply provide tax returns? Could it be that you were denied based on previous earnings as the CO thought that was how much your fiance was earning?

The K1 journey:                                                                                                                             The AOS journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox                                                                                         06/22/2015 - AOS packet mailed to Chicago Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request                                 11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

05/21/2015 - Interview - Approved

06/19/2015 - Wedding (L) 

                                                                                                                                                                      

The ROC journey:                                                                                                                         

10/12/2017 - ROC packet mailed to VSC

01/21/2019 - ROC Approved - there was no interview

 

The N-400 journey:

02/16/2020 - N-400 application filed online

02/21/2020 - Paper NOA received in the mail

03/13/2020 - Biometrics

02/02/2021 - Interview & test - Approved

02/05/2021 - Oath Ceremony

 

 

JOrOp1.png

Filed: Timeline
Posted

Really, then why did I have to provide "At least one year of tax returns". I provided three years. I may be wrong and if I am I guess I did a lot of work for nothing. How do you prove your income if you have not filed far at least one year? How does one prove current income? Just asking.

You have to provide it because the form asks.

But the determination of whether an affidavit is sufficient does not depend on those tax returns. It depends only on current income, which is a separate question on the form. If you read the instructions, you prove current income by pay stubs and/or employer letter.

If you didn't work in the past and now have enough income, then you qualify. Conversely, if you had tons of income in the past, but stopped working recently, you have no income and do not qualify.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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