K1 visa - 221(g) denial and request for a co-sponsor based on last years tax return

[uktoseattle@gmail 0]

So we have applied for a k1 visa so that my fiance can immigrate here from the united kingdom. He attended his interview in London last friday and they issued him a blue slip under 221(g) and told him that I either need to provide assets or get a cosponsor to meet the financial requirements. 

 

Basically, last year I (the petitioner) was working for minimum wage at a retail store for a majority of the year. In September of last year, I began my new job and now work a part time job of 20-40 hours a week earning $17.76 an hour. On this wage, I will be making well over the required amount of around $16,000 a year which is 100% of the poverty line. However, my 2016 tax return only reflects a $15000 earning because of my previous job. Despite that, I provided a statement from my employer, my last three pay stubs which were all on the heftier side since I was working nearly 40 hours in those weeks,  and a bank summary showing the couple thousand I have in savings along with a history of all my deposits. 

 

Additionally, my fiance received a statement from his employer saying that he will continue to be employed as the main web developer for their company while he resides in the US. 

 

Despite all of this, the interviewer said my job is "still fairly new, isn't it?" and that I therefore didn't meet the financial requirements. My finace reminded him that he will be keeping his job as well and the interview said that he can only consider my earnings.  I looked into denying me because my job was new and apparently they can deny us if I can't provide proof of 'stable earnings' ie I haven't had my job long enough to prove that its stable, even though I've worked there over 7 months now. He gave my fiance the blue slip and told him we need to find a cosponsor or provide more proof of assets to qualify, and that we have to mail it in using the courier. 

 

Here's the catch: my parents refuse to cosponsor us. And if my parents refuse to then I don't think any of my other family members will agree to either. Even though they know we won't go on public assistance, they say they aren't willing to be on the hook for him because 'anything could happen.' They want us to wait until I can do it myself without a cosponsor. Of course this has caused a huge upset, but thats besides the point. 

 

My question is this: since we have a year before this expires, can I wait until I can refile my taxes and show stable earnings? Or do we specifically have to have a cosponsor because that is what the interviewer requested? Also, we were saying he should come here for a while and work from home just so we can be together for a bit before his esta expires, but they kept his passport. Can we request for that back? Basically, can we ride this out until my 2017 tax returns go through or will we have to cancel this visa (is that even possible??) and completely restart it?

[Mellisa 36]

I can't understand why your job letter,pay stubs and bank statements weren't sufficient evidence for proof of current income😯 I file 1864 with my 2016 tax return under the poverty guidelines but proof of my current income for 2017 will be over poverty guidelines and the same evidence you submitted to back that up....

I would give it 2 -3 months collect all the evidence I sent originally(bank statements,job letter and pay stubs) and a letter explaining that I made such amount last year but I'm way over the poverty guidelines this year

[Redheadguy03 505]

1 hour ago, uktoseattle@gmail said:

So we have applied for a k1 visa so that my fiance can immigrate here from the united kingdom. He attended his interview in London last friday and they issued him a blue slip under 221(g) and told him that I either need to provide assets or get a cosponsor to meet the financial requirements. 

 

Basically, last year I (the petitioner) was working for minimum wage at a retail store for a majority of the year. In September of last year, I began my new job and now work a part time job of 20-40 hours a week earning $17.76 an hour. On this wage, I will be making well over the required amount of around $16,000 a year which is 100% of the poverty line. However, my 2016 tax return only reflects a $15000 earning because of my previous job. Despite that, I provided a statement from my employer, my last three pay stubs which were all on the heftier side since I was working nearly 40 hours in those weeks,  and a bank summary showing the couple thousand I have in savings along with a history of all my deposits. 

 

Additionally, my fiance received a statement from his employer saying that he will continue to be employed as the main web developer for their company while he resides in the US. 

 

Despite all of this, the interviewer said my job is "still fairly new, isn't it?" and that I therefore didn't meet the financial requirements. My finace reminded him that he will be keeping his job as well and the interview said that he can only consider my earnings.  I looked into denying me because my job was new and apparently they can deny us if I can't provide proof of 'stable earnings' ie I haven't had my job long enough to prove that its stable, even though I've worked there over 7 months now. He gave my fiance the blue slip and told him we need to find a cosponsor or provide more proof of assets to qualify, and that we have to mail it in using the courier. 

 

Here's the catch: my parents refuse to cosponsor us. And if my parents refuse to then I don't think any of my other family members will agree to either. Even though they know we won't go on public assistance, they say they aren't willing to be on the hook for him because 'anything could happen.' They want us to wait until I can do it myself without a cosponsor. Of course this has caused a huge upset, but thats besides the point. 

 

My question is this: since we have a year before this expires, can I wait until I can refile my taxes and show stable earnings? Or do we specifically have to have a cosponsor because that is what the interviewer requested? Also, we were saying he should come here for a while and work from home just so we can be together for a bit before his esta expires, but they kept his passport. Can we request for that back? Basically, can we ride this out until my 2017 tax returns go through or will we have to cancel this visa (is that even possible??) and completely restart it?

The only negative I saw from the posting is its a part time job. Therefore, the hours aren't consistent. It's about all I can think of. I've been at my new job only about 2 months and I'll be submitting basically the same stuff as you. Lots of others have done the same and had no issue. Now my job is always 40 hours a week, so that should help. 

[Ash.1101 1,756]

For the K-1 process, financials and many other things are up to consular discretion.

This means that essentially if the consular officer you are interviewing with has any worries or doubts about the financials of the petitioner or that the beneficiary may become a burden, they can ask for a co-sponsor EVEN IF YOU MEET THE REQUIREMENTS.

While there are technical requirements that exist on paper, even if you meet those requirements, a shaky work background, or making too close to the minimum can cause you to get asked for a cosponsor and this is a normal procedure for K-1.

It could be more than just the tax returns, while most people will tell you K-1 goes off 100%, it'll depend on the officer, it's ALWAYS safer to expect them to go off of the 125%. Which means you would need to prove more than 20,300$ a year.
Also, they could do their own calculations on a worse case situation basis. So if you told them that you have any where from 20-40 hours a week, they could just base your money off a 20 hour week, which would mean you made 17,049$ BEFORE taxes, which is still under the 20,300$ needed.
They can also take into consideration job stability, like how often you change jobs and such.



With that said, if they asked for a co-sponsor you need to give them a co-sponsor. 



Also, the CO told you that you that your fiance should come to the US and work from home? That's illegal unless he's working for a European business being paid in a UK account.

Honestly it's better to find a cosponsor, while you have a year to respond to the 221g with considerations, I have seen people wait so long that the consulate just sent back the case to USCIS because they figured it was abandoned.

It is possible to cancel and restart the visa, but... I'd try to find a cosponsor first.




Note: We experienced consular discretion, I was unemployed at the time, and my mother was the cosponsor, she made more than 6000$ more than needed, and even though we met the requirements TECHNICALLY, because of my unemployment the CO said he just didn't feel good about it, and asked for a SECOND co-sponsor. We completed the K-1 process with three sponsors, one primary (myself), and two cosponsors.

[Wuozopo 4,293]

I too think it was the previous part time job with $15,000 annual plus the new job without guaranteed full time hours. Did your employer letter provide any totals like you are estimated to earn between $xx,xxx and $xx,xxx per year? Was the minimum over 125% of the poverty guidelines which is a better number to shoot for since you have no real history of full time employment and adjustment of status requires that much. Also did your fiance's employer state an amount of the ongoing salary in US dollars. It sounds like maybe you didn't present a good picture so the interviewer was not convinced. Maybe try to document it more thoroughly and submit again. The catch with his employment is that he is not authorized to work in the US upon arrival. If you married soon and started over with a spouse visa, then there wouldn't be that gray area of can he count ongoing income when he won't have work authorization? A spouse visa authorizes work from day 1 in the US, so no gray area. And if you read the instructions of the I-864 affidavit of support, it addresses ongoing income for the immigrant spouse. That is just another option you have if you can't put together a more convincing financial picture now.

 

You you can request the passport be sent back. I am surprised they kept it knowing it would take a bit of time for you to get sponsorship data. They typically hand it back and say to submit it via courier with whatever additional documentation you require. 

 

Edited May 2, 2017 by Wuozopo

[yuna628 9,680]

Here's the thing: London is pretty easy to prove income with, as long as you've got the evidence and actual ways of proving it. That being said you shouldn't expect to breeze by with less than is required. They are looking for stable income - and it is best to prove that by 125%. It is unlikely the office would also consider your UK fiancé's financials in this scenario either - considering they should not be working in the US until they are authorized to do so (and no not on the VWP either! also if you are denied this visa you are likely going to have to disclose that on an ESTA which may prevent you from using the VWP anyway). And you won't be authorized to do so until YOU or joint sponsors can come up with 125% anyway. Even if the consulate lets you off with 100%, the AOS process requires 125%, and they are very serious about that. The UK has been known to accept on the UK citizen's financials alone, but not based off of future or continuing income - but based off of a large amount of savings or holdings they have. In addition you cannot combine multiple sponsors for this part of the process. It either needs to be you alone or a co-sponsor alone. Keep in mind that the I-134 is a non-binding sponsorship document, but the I-864 for AOS is.

 

As difficult as it is, and upsetting too, unless you do not have proper financial security there is not a lot you can do about this situation. A K1 is really a two-fold process, if you get past the first part... you won't make it past the second part with that income. It sounds like you've got a lot of discussion to do and planning about how to increase income. Can a second job be a possibility?

[uktoseattle@gmail 0]

16 hours ago, Wuozopo said:

I too think it was the previous part time job with $15,000 annual plus the new job without guaranteed full time hours. Did your employer letter provide any totals like you are estimated to earn between $xx,xxx and $xx,xxx per year? Was the minimum over 125% of the poverty guidelines which is a better number to shoot for since you have no real history of full time employment and adjustment of status requires that much. Also did your fiance's employer state an amount of the ongoing salary in US dollars. It sounds like maybe you didn't present a good picture so the interviewer was not convinced. Maybe try to document it more thoroughly and submit again. The catch with his employment is that he is not authorized to work in the US upon arrival. If you married soon and started over with a spouse visa, then there wouldn't be that gray area of can he count ongoing income when he won't have work authorization? A spouse visa authorizes work from day 1 in the US, so no gray area. And if you read the instructions of the I-864 affidavit of support, it addresses ongoing income for the immigrant spouse. That is just another option you have if you can't put together a more convincing financial picture now.

 

You you can request the passport be sent back. I am surprised they kept it knowing it would take a bit of time for you to get sponsorship data. They typically hand it back and say to submit it via courier with whatever additional documentation you require. 

 

Yes I suppose that makes sense and before we submitted it I talked to the second manager and asked if full time was a possibility before the interview would take place and he said yes. Then when I returned from my month long visit to the UK and I talked to the head manager she said they simply don't have the hours to grant me full time. 

We did not present my fiance's earnings in US dollars, since his employer game him the statement, but regardless the interviewer told him he couldn't even consider his earnings. To be honest, my fiance felt like the interviewer mainly just wanted to get it done with. He said he barely looked at my pay stubs or anything, which showed i was working for nearly 40 hours for the past 3 weeks, my previous bank deposits, or any of the other evidence I provided. And then when my fiance tried to ask for clarification as to why we got denied or any questions at all, the interview just kept telling him "its all on the paper."

Also, his employer is doing this completely legally and working with a lawyer to ensure it. Before work authorization he will continue to work for them as an employee as a british citizen, and then after that they will hire him as an independent contractor. 

 

We have also considered a spouse visa but I'm a little shy of that because I read that you have to be very careful about it and you can't really show any plans of getting married beforehand or it can cause issues for you, because its kind of a loophole. However, there is plenty of evidence of our plans to get married and he has already bought a ring. Do you think we would be taking a big risk with the spouse visa?

[uktoseattle@gmail 0]

16 hours ago, yuna628 said:

Here's the thing: London is pretty easy to prove income with, as long as you've got the evidence and actual ways of proving it. That being said you shouldn't expect to breeze by with less than is required. They are looking for stable income - and it is best to prove that by 125%. It is unlikely the office would also consider your UK fiancé's financials in this scenario either - considering they should not be working in the US until they are authorized to do so (and no not on the VWP either! also if you are denied this visa you are likely going to have to disclose that on an ESTA which may prevent you from using the VWP anyway). And you won't be authorized to do so until YOU or joint sponsors can come up with 125% anyway. Even if the consulate lets you off with 100%, the AOS process requires 125%, and they are very serious about that. The UK has been known to accept on the UK citizen's financials alone, but not based off of future or continuing income - but based off of a large amount of savings or holdings they have. In addition you cannot combine multiple sponsors for this part of the process. It either needs to be you alone or a co-sponsor alone. Keep in mind that the I-134 is a non-binding sponsorship document, but the I-864 for AOS is.

 

As difficult as it is, and upsetting too, unless you do not have proper financial security there is not a lot you can do about this situation. A K1 is really a two-fold process, if you get past the first part... you won't make it past the second part with that income. It sounds like you've got a lot of discussion to do and planning about how to increase income. Can a second job be a possibility?

Well when we did our calculations and I filled out the I-134, we estimated about 23,000 based on working 25 hours a week, and even that was an under-estimate because I didn't want to even come close to stretching the truth. I probably average 30 hours a week. That passes the 125% threshold. And to be honest I don't think he even bothered to do his own calculations because my fiance said he just breezed through all my evidence and didn't even bother to look at some of it. When my fiance tried to ask for clarification he was less than helpful. 

His employer gave a statement too, and they are employing him completely legally. He will continue as an employee as a British citizen until he is work authorized, at which time they will employ him as an independent contractor. They are working with a lawyer to make sure everything is legal. 

 

As for the financial earning, I will indeed meet the income requirement by the end of the year, which will be shown on my 2017 tax returns, and we could submit my tax returns at that time. I just don't know if they will be technical about it and only accept a cosponsor because that is what was requested. I have also considered a second job, but as it is I am already working just under 40 hours a week usually, and I don't see the need if I will meet the income requirement with my current job. Even if I get a second job I think we would be denied on the same grounds of my job being "too new"

[Wuozopo 4,293]

To be honest, we don't know the totality of your whole case. I have known someone who had this awful interview in London when nobody else did, who later messages me with more to the story. It all had so many holes in it from residency of petitioner to random name changes by benficiaries to sponsorship Inadequacies. The whole thing sounded a tad shakey when looking at the big picture.  It could be a case of something smelled fishy and they nailed you on the money.  Maybe simply an ill-presented case in general. 

 

For example the further revelation that "Then when I returned from my month long visit to the UK and I talked to the head manager she said they simply don't have the hours to grant me full time". Your position is not that stable or valuable if you can be gone a month from a new job. You could have be working your ####### off to make the manager notice your contribution and eagerness to be full time. But you took off a month and perhaps the manager noticed somebody else who was a more valuable contributor to the business. And is it correct that you presented only 3 weeks of pay stubs?  

 

It is really hard to presume anything about what went wrong but sometimes it is little small indicators that puts off an interviewer. I am not pointing fingers at you, but trying to give examples of subtle things that can influence managers and consulate officers that may not be apparent to you. 

[yuna628 9,680]

There is no probably with the government OP. You either do or you don't. You can't merely estimate either, it has to be exact with proof to back it up. To get past the K1 process they are not going to look at the UKC's future employment potential with his current employer. Your hours do not sound as if they offer stability and could change at any time. You have said that your I-134 estimated 125%, but in your first post it stated it was 100%, so I'm a little confused here. To get past the AOS process it will need to be exactly 125% or above and you will need to offer even more strict and significant proof of it.

 

In all honesty OP I think you're going to have to start over, when your tax returns will reflect the amount required. We used a co-sponsor for London - they were pleased with an employer letter and a tax transcript - because there they don't have to do much math figuring or judging based on what you estimate. It's all right there before them on an official document. Or as others have suggested you could try for a spousal visa. I'm not sure why you'd think you have to be 'careful' about it. What is there to be careful about? If your fiancé has a currently stable job which can pass the income threshold in the UK, they could sponsor you for a temporary fiancé/wedding visa and have you come for a nice UK wedding - you return home and start the spousal process, and he can continue to work and save. Or you could also marry in the US and he returns home, and you start the spousal process. Both are very legal options available.

[Ash.1101 1,756]

The above is true.

You can estimate X income all you want, but you'll need the proof. Having 3 weeks of 40 hours is nothing at the end of the day for a year. You would want 6 months + worth of financial proof backing up that you work on average 30.  The problem is part time is part time, meaning you can go from 40 to 0 to 40 to 0 and anywhere in between.

And again note, if the CO has ANY FEELING about the income or anything else they can ask for a cosponsor. MEETING THE REQUIREMENT IS NOT ENOUGH TO GET PAST A K-1, you also have to squelch any and all doubt and give them WITHOUT question a reason to believe your fiance will NOT become a burden. Anything your fiance had to prove also doesn't count, his ability to work doesn't matter because in the eyes of the government, it's your responsibility to take care of him, not him take care of himself, or even both of ya'll take care of each other. 

It's possible that you would have done better showing more than three paystubs, that's only a month and a half (if you're paid biweekly) out of the months you've worked there. But at the end of the day you don't know what the CO was thinking and how they were feeling and neither does your fiance. When I dealt with this, my husbands CO did say that he didn't feel good about my financial situation, since I was unemployed, and simply told him to find a second cosponsor and he'd be approved and everything looked great. He wasn't lying, he was being honest, he was worried my husband would become a burden and that's understandable. It happens.


But I very much agree with @yuna628 . You may want to wait until you have more proof, actual hard proof, not estimates, not hours that go from very great to okay decent. But either way, you can't send them tax returns next year when they asked for a cosponsor.