My Fiancee Was Refused a K1 Visa

[PhilLuv 43]

4 minutes ago, Transborderwife said:

I'm saying that they're trying to see if that's the case.

That's pretty much an assumption you just made. I believe that OP's fiance probably isn't working and he is supporting her. It may well be that she said so at the interview. So the receipts would show a tighter relationship.

[KozmicBlues 592]

Just now, Transborderwife said:

I'm saying that they're trying to see if that's the case.

Oh okay. I guess to me that doesn't make much sense considering we file an affidavit confirming that we will be their financial support. Obviously we are going to (in most case) provide for them financially. So it seems contradiction that they would consider money transfers as evidence of the USC being used for money when the USC is the one saying they will support them financially. Most working class people in India make much less than $300 USD per month and that would be good for most, so obviously I will be the main financial support with this process. I was always thinking our money transfers (very few and small amounts) would actually help because it shows proof of a financial support within our relationship. 

[geowrian 22,336]

12 minutes ago, PhilLuv said:

That's pretty much an assumption you just made. I believe that OP's fiance probably isn't working and he is supporting her. It may well be that she said so at the interview. So the receipts would show a tighter relationship.

Money transfers don't show evidence of a relationship. People trying to commit immigration fraud can do it just as easily as those in a legitimate relationship. Financial commingling does (being on joint accounts, having bills together, etc.), but one-way money transfers don't.

 

11 minutes ago, KozmicBlues said:

Oh okay. I guess to me that doesn't make much sense considering we file an affidavit confirming that we will be their financial support. Obviously we are going to (in most case) provide for them financially. So it seems contradiction that they would consider money transfers as evidence of the USC being used for money when the USC is the one saying they will support them financially. Most working class people in India make much less than $300 USD per month and that would be good for most, so obviously I will be the main financial support with this process. I was always thinking our money transfers (very few and small amounts) would actually help because it shows proof of a financial support within our relationship. 

The affidavit is for the public charge concern, not anything to do with fraud. I think you're looking at this only in the positive case - of course a real fiance/spouse would want to help out financially (and that's fine). But there's also the negative test that the COs will look for - a scammer using a USC. Try looking at it from both angles as the COs are there not only to issue the visa, but to protect the petitioner. One-way payments don't prove a relationship.

 

But yeah, just providing some support isn't an issue. But, for instance, sending 3x the average local salary every month may raise some concerns that it's not actually for just the purposes stated in the interview (I'm assuming the payments were mentioned in the interview because requesting receipts is not the norm). It's all about the details and context. If things check out, it should be fine.

Edited May 22, 2017 by geowrian

[Ben&Zian 4,397]

10 minutes ago, KozmicBlues said:

Oh okay. I guess to me that doesn't make much sense considering we file an affidavit confirming that we will be their financial support. Obviously we are going to (in most case) provide for them financially. So it seems contradiction that they would consider money transfers as evidence of the USC being used for money when the USC is the one saying they will support them financially. Most working class people in India make much less than $300 USD per month and that would be good for most, so obviously I will be the main financial support with this process. I was always thinking our money transfers (very few and small amounts) would actually help because it shows proof of a financial support within our relationship. 

You just need to search here on VJ alone to find some stories about how transfers turned into denials, especially when coming to high fraud countries.

 

Not to say Haiti is one, but it can be applied to many and also seen as a negative in others.

 

While you may support them and say it using the I-134, then you presumably would be married, so you are supporting a spouse.

[Transborderwife 4,666]

14 minutes ago, PhilLuv said:

That's pretty much an assumption you just made. I believe that OP's fiance probably isn't working and he is supporting her. It may well be that she said so at the interview. So the receipts would show a tighter relationship.

I've been on here a long time and have seen many cases.  When they're asking about money, they're usually looking to see two things 1) will the intending immigrant possibly be a drain on the welfare system and 2) are they using the USC for benefits and/or money.

[KozmicBlues 592]

24 minutes ago, geowrian said:

Money transfers don't show evidence of a relationship. People trying to commit immigration fraud can do it just as easily as those in a legitimate relationship. Financial commingling does (being on joint accounts, having bills together, etc.), but one-way money transfers don't.

 

The affidavit is for the public charge concern, not anything to do with fraud. I think you're looking at this only in the positive case - of course a real fiance/spouse would want to help out financially (and that's fine). But there's also the negative test that the COs will look for - a scammer using a USC. Try looking at it from both angles as the COs are there not only to issue the visa, but to protect the petitioner. One-way payments don't prove a relationship.

 

But yeah, just providing some support isn't an issue. But, for instance, sending 3x the average local salary every month may raise some concerns that it's not actually for just the purposes stated in the interview (I'm assuming the payments were mentioned in the interview because requesting receipts is not the norm). It's all about the details and context. If things check out, it should be fine.

Oh okay, that makes sense. I've only ever sent him small amounts and never because he asked. We're talking like $20-30 for special occasions like birthday's or because I wanted him to buy me some stuff to send back with mutual colleagues visiting my city haha. Definitely not something we would willingly disclose but if they requested bank statements I don't think we would have an issue since it's such small amounts and not often.

[geowrian 22,336]

6 minutes ago, KozmicBlues said:

Oh okay, that makes sense. I've only ever sent him small amounts and never because he asked. We're talking like $20-30 for special occasions like birthday's or because I wanted him to buy me some stuff to send back with mutual colleagues visiting my city haha. Definitely not something we would willingly disclose but if they requested bank statements I don't think we would have an issue since it's such small amounts and not often.

Yup, exactly. Shouldn't be an issue.

[Suss&Camm 2,213]

Just to add, since the OP's fiancée wasn't denied but rather asked for missing supporting documents, the payments weren't a real issue either. The main point for this couple were not submitting enough primary evidence in support of the ongoing relationship at the interview.

Glad to hear, the chance was given to collect the evidence. Good Luck in the 2nd interview

[ConOfficer 167]

My guess is that the consular officer just suggested remittance receipts as additional proof of relationship that you could submit. I can't see why they would want to confirm specifically that money was sent (though maybe he stated you regularly said money and they want to confirm). 

 

Sometimes if I'm pretty sure that the relationship is legit but I'm hesitating a bit I'll tell the couple to submit more proof of relationship and give them options for things we accept. It's really just to see if they follow up. Some people never follow up and the case expires and gets sent back to USCIS. 

[geowrian 22,336]

9 minutes ago, ConOfficer said:

My guess is that the consular officer just suggested remittance receipts as additional proof of relationship that you could submit. I can't see why they would want to confirm specifically that money was sent (though maybe he stated you regularly said money and they want to confirm). 

 

Sometimes if I'm pretty sure that the relationship is legit but I'm hesitating a bit I'll tell the couple to submit more proof of relationship and give them options for things we accept. It's really just to see if they follow up. Some people never follow up and the case expires and gets sent back to USCIS. 

My thought's exactly.

[Willallen25 7]

Honestly I sent her money several times, but I heard that you can bring receipts of money transfers, but you don't want to give the impression that the relationship is about money. To me I think it's pointless. She never said I gave her money, she never said I didn't either. So we will probably agree on maybe a few she can bring. Perhaps 3-5. 

 

As for the phone receipts. I'm assuming providing not just proof of the call, but how long and what time. That's my guess. Anyone have any thoughts?

[Willallen25 7]

27 minutes ago, ConOfficer said:

My guess is that the consular officer just suggested remittance receipts as additional proof of relationship that you could submit. I can't see why they would want to confirm specifically that money was sent (though maybe he stated you regularly said money and they want to confirm). 

 

Sometimes if I'm pretty sure that the relationship is legit but I'm hesitating a bit I'll tell the couple to submit more proof of relationship and give them options for things we accept. It's really just to see if they follow up. Some people never follow up and the case expires and gets sent back to USCIS. 

 Thanks a lot, this helps. But for phone receipts, I'm lost. Perhaps what I said in my last post? Proof of the time and duration of the call?

[Willallen25 7]

Also my fiancee has a government job in Haiti. Any money I sent was the same as a fellow poster shared, because I wanted to. She has receipts so she will bring them. I will check for other support if those receipts, and give more detail for our phone conversations. Thank you all, loads of help. 

[v.b 3]

1 hour ago, Willallen25 said:

Also my fiancee has a government job in Haiti. Any money I sent was the same as a fellow poster shared, because I wanted to. She has receipts so she will bring them. I will check for other support if those receipts, and give more detail for our phone conversations. Thank you all, loads of help. 

good luck for next interview

Edited May 23, 2017 by v.b

[Unshakable Faith 493]

3 hours ago, Willallen25 said:

Honestly I sent her money several times, but I heard that you can bring receipts of money transfers, but you don't want to give the impression that the relationship is about money. To me I think it's pointless. She never said I gave her money, she never said I didn't either. So we will probably agree on maybe a few she can bring. Perhaps 3-5. 

 

As for the phone receipts. I'm assuming providing not just proof of the call, but how long and what time. That's my guess. Anyone have any thoughts?

Yes, they are probably wanting to see how often (and at what length) the two of you communicate.