K1 denied despite showing assets over 60k for family of 1

[greencow 1]

Hello there! 

 

I just did my interview a couple of days ago in Singapore. I am a Singapore citizen.  

My k1 visa was denied on the grounds of the petitioner not being able to meet the income requirements. 

We are currently in the midst of administrative processing.  

Sponsor (fiance) income was 12k for the year of 2018. The petitioner has 61k in assets. My fiance is not currently working as he is in his last month of school.

This is why we wanted to use the 5x rule for assets.

 

$21,138 USD (125% Of Federal Poverty Level https://aspe.hhs.gov/poverty-guidelines) - $12,263 USD (Total 2018 lncome) = $8875 USD (Difference Needed x 5) = $44,375 USD (Assets needed) 

Please click link: https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-26573/0-0-0-30017/0-0-0-30129.html Please see section 3. This is the basis for our claims.

 

1) Does anyone have any experience with this?

2) Do we have any way to fight this?

3) How long is this petition valid that we can keep trying to send documents in?

4) Is it possible to get another interview?

 

 

[samnrong 52]

Sorry to hear about your situation.

 

From what I have gathered, the "guidelines" are just that, guidelines. These are not hard redlines that if you cross you are automatically approved. The CO has to make a judgment on your case based on the "totality of the circumstances" to determine whether your fiance has enough income/assets to prevent you from becoming a public charge once admitted to the US.

 

It seems that in your case, your fiance is borderline in meeting the "guidelines". The fact that he is not currently employed likely weighs upon this decision. It's likely the CO doesn't care about his 2018 income and is giving him $0 in income projected into the future (since he is not employed at the moment). This would mean that his total assets would fall below the limits required to achieve 125% of the poverty level.

 

Further, immigration is expensive. How do you plan on paying all of the fees and costs of immigration? If you were approved, you'd likely incurr an additional $5K minimum in expenses to get your Green Card (fees for filing, plane tickets for travel to US, etc...). It's likely that the CO took this into account as well.

 

Seing as how your fiance's assets are barely above the "guidlines" if non-recurring 2018 income is taken into account and below the "guidelines" if factoring in $0 of future income due to his current status of being unemployed, it's not surprising that the Visa was denied.

 

Has the consulate given you the option to obtain an additional sponsor? Does your fiance have family members or friends who would co-sponsor on the petition? If you can gather a co-sponsor before the application leaves the embassy as "denied", it may be possible for you to still gain an approval. Without a co-sponsor I don't see any way to reverse this decision. The law is clear that the CO makes a judgment call based on the "totality of the circumstances" as to whether the receipient is likely to become a public charge. There's not really any way to argue against this if this is the determiniation that was made.

 

I suggest you find a co-sponsor ASAP. Best of luck!

 

 

Sorry to hear about your situation.

 

From what I have gathered, the "guidelines" are just that, guidelines. These are not hard redlines that if you cross you are automatically approved. The CO has to make a judgment on your case based on the "totality of the circumstances" to determine whether your fiance has enough income/assets to prevent you from becoming a public charge once admitted to the US.

 

It seems that in your case, your fiance is borderline in meeting the "guidelines". The fact that he is not currently employed likely weighs upon this decision. It's likely the CO doesn't care about his 2018 income and is giving him $0 in income projected into the future (since he is not employed at the moment). This would mean that his total assets would fall below the limits required to achieve 125% of the poverty level.

 

Further, immigration is expensive. How do you plan on paying all of the fees and costs of immigration? If you were approved, you'd likely incurr an additional $5K minimum in expenses to get your Green Card (fees for filing, plane tickets for travel to US, etc...). It's likely that the CO took this into account as well.

 

Seing as how your fiance's assets are barely above the "guidlines" if non-recurring 2018 income is taken into account and below the "guidelines" if factoring in $0 of future income due to his current status of being unemployed, it's not surprising that the Visa was denied.

 

Has the consulate given you the option to obtain an additional sponsor? Does your fiance have family members or friends who would co-sponsor on the petition? If you can gather a co-sponsor before the application leaves the embassy as "denied", it may be possible for you to still gain an approval. Without a co-sponsor I don't see any way to reverse this decision. The law is clear that the CO makes a judgment call based on the "totality of the circumstances" as to whether the receipient is likely to become a public charge. There's not really any way to argue against this if this is the determiniation that was made.

 

I suggest you find a co-sponsor ASAP. Best of luck!

 

 

[greencow 1]

Embassy said, You may furnish a letter of employment from the petitioner’s employer for our consideration. So we'll be doing that. I earn a good income (>4k a month) and we both have cash savings that can tide us though for expenses. 

[samnrong 52]

1 hour ago, greencow said:

Embassy said, You may furnish a letter of employment from the petitioner’s employer for our consideration. So we'll be doing that. I earn a good income (>4k a month) and we both have cash savings that can tide us though for expenses. 

The petitioner is your fiance (i.e., the US Citizen), not you. You are the beneficiary. They are asking for a letter from your fiance's employer, which would be impossible since you stated that he is not currently working.

[samnrong 52]

Your income can only be used if your job will continue once you immigrate to the US. If you do not have a job lined up in the US, your current income is of no concern to the CO, since it will not be available in the future.

 

I do believe that your assets can be used to help qualify if you can prove intent and ability to transfer such assets to the US.

 

Good luck and let us know what you find out!

[payxibka 10,044]

Not sure about Singapore but some consulates do not accept assets

[GMvietnam 28]

8 hours ago, greencow said:

Hello there! 

 

I just did my interview a couple of days ago in Singapore. I am a Singapore citizen.  

My k1 visa was denied on the grounds of the petitioner not being able to meet the income requirements. 

We are currently in the midst of administrative processing.  

Sponsor (fiance) income was 12k for the year of 2018. The petitioner has 61k in assets. My fiance is not currently working as he is in his last month of school.

This is why we wanted to use the 5x rule for assets.

 

$21,138 USD (125% Of Federal Poverty Level https://aspe.hhs.gov/poverty-guidelines) - $12,263 USD (Total 2018 lncome) = $8875 USD (Difference Needed x 5) = $44,375 USD (Assets needed) 

Please click link: https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-26573/0-0-0-30017/0-0-0-30129.html Please see section 3. This is the basis for our claims.

 

1) Does anyone have any experience with this?

2) Do we have any way to fight this?

3) How long is this petition valid that we can keep trying to send documents in?

4) Is it possible to get another interview?

 

 

$60k is not a whole lot of asset in America.  Beneficiary's asset is not part of the K1-Visa consideration for CO.

Petitioner needs to have a steady income/job to provide medical insurance, food and shelter.  In my opinion, 2 people living in the U.S with 60k won't last more than a year.   Good luck.

[yuna628 9,530]

Does this consulate accept co-sponsorship and does the US citizen have a potential co-sponsor that could be used?

[Boiler 43,539]

Your calculation is wrong anyway as there is no current income. So of they would take your assets you would need over 100k

 

Best to use a Joint Sponsor.

 

London is the only Consulate I know of that allows you to self sponsor.

[geowrian 22,335]

9 hours ago, greencow said:

Sponsor (fiance) income was 12k for the year of 2018. The petitioner has 61k in assets. My fiance is not currently working as he is in his last month of school.

This is why we wanted to use the 5x rule for assets. 

 

$21,138 USD (125% Of Federal Poverty Level https://aspe.hhs.gov/poverty-guidelines) - $12,263 USD (Total 2018 lncome) = $8875 USD (Difference Needed x 5) = $44,375 USD (Assets needed) 

This is an incorrect understanding of the calculation. His current income is $0. What he made last year has no impact on current income. What he intends to make this year has no impact on current income.

Assets can be used, although these assets alone were deemed insufficient. The CO makes a decision based upon the totality of the circumstances. They determined it was insufficient. He either needs a job to show sufficient current income or to find a co sponsor.

 

A few other notes...

• The link you posted is in the AFM. DOS does not use the AFM. They use the FAM instead.
• The link you posted refers to the I-864. The I-134 is a different form used solely as a guideline for the CO to determine the public charge concern.

 

To respond to the specific questions:

9 hours ago, greencow said:

1) Does anyone have any experience with this?

2) Do we have any way to fight this?

3) How long is this petition valid that we can keep trying to send documents in?

4) Is it possible to get another interview?

1. Many people.
2. By "fight", do you mean argue your case or resolve the issue? If you want to plead your case, good luck...you're not going to find somebody to overrule the decision. You can resolve the issue with a sufficient sponsor.
3. The embassy/consulate will normally hold the petition for up to a year. Keep in contact with them.
4. If you exceed the validity period of the medical, they will require a new medical exam and possibly a new interview. You cannot just get a new interview upon your request, nor would there be any benefit in doing so.

Edited July 12, 2019 by geowrian

[Naes 12,205]

48 minutes ago, Boiler said:

London is the only Consulate I know of that allows you to self sponsor.

And Japan (in case someone seeks it)

 

to OP: joint sponsor is best in my opinion in this case.

 

Good luck!

Edited July 12, 2019 by Naes

[Boiler 43,539]

3 minutes ago, Naes said:

And Japan (in case someone seeks it)

 

to OP: joint sponsor is best in my opinion in this case.

 

Good luck!

Interesting, I did not know that.

[Ash.1101 1,755]

Please understand that they can ask for a SECOND cosponsor even for people who have a cosponsor already.

Financials are taken at discretion. If your fiance doesn't have a strong work history, then that can be held against them. Anything that may make them question it can be used as not being good enough.

For myself, I hadn't worked for years as I was a stay at home mom taking care of my disabled daughter. I had no income, we used my mom as a cosponsor, and while she made some thousands over the income requirement for 125% per year, my fiance was asked to find a SECOND cosponsor.

It's a common belief that if you meet the requirement then you're good, but that's incorrect, you are at the discretion of the CO that is doing the interview.


And as others said, their income in 2018 doesn't matter. Current income matters, so if their current income is 0 then they would need to show over 100k in assets.

Did they give your fiance a 221g asking for a cosponsor? They won't want more information about your fiance. They don't consider your fiance as a valid sponsor, you will need to find a cosponsor, preferably someone with a job.

 

[LaBeach 29]

On 7/12/2019 at 3:01 AM, greencow said:

Hello there! 

 

I just did my interview a couple of days ago in Singapore. I am a Singapore citizen.  

My k1 visa was denied on the grounds of the petitioner not being able to meet the income requirements. 

We are currently in the midst of administrative processing.  

Sponsor (fiance) income was 12k for the year of 2018. The petitioner has 61k in assets. My fiance is not currently working as he is in his last month of school.

This is why we wanted to use the 5x rule for assets.

 

$21,138 USD (125% Of Federal Poverty Level https://aspe.hhs.gov/poverty-guidelines) - $12,263 USD (Total 2018 lncome) = $8875 USD (Difference Needed x 5) = $44,375 USD (Assets needed) 

Please click link: https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-26573/0-0-0-30017/0-0-0-30129.html Please see section 3. This is the basis for our claims.

 

1) Does anyone have any experience with this?

2) Do we have any way to fight this?

3) How long is this petition valid that we can keep trying to send documents in?

4) Is it possible to get another interview?

 

 

Also, if the assets are not liquid, they generally won't consider them. Best to get a co-sponsor.