K1 refusal :( Suggestions

[Regi 11]

Dear all, 

 

I need an advice from you.

My k1 visa intetview was held on October 8th and I got RFE where the Embassy requested to send IRS transcripts for 2017-2018 by email.

At the interview day I had only #1040 form unfortunately ( for self employed petitioner)

I have submitted the requested IRS transcripts via email (the amount on them is below the requested 16910$, for 2018 is slightly below) but we have shown bank savings and sufficient current income.

On 28th of October the US embassy informed me that they received my documents and that the review will take some time and requested to refrain to send multiple inquiries ( I never did, I guess it's a standard message)

 

Today the status on ceac.state.gov changed to REFUSED 😭😭

 

My questions:

1) Will I receive the official answer from the US embassy by email or they skip it and the status on the website is the one I should refer?

2) I have a valid B2 tourist visa until March 2020. Will they not let me in to meet my fiancee? I traveled 4 times to the States to meet my fiancee before.

3) if I apply for a tourist visa again, most probably I will be denied?

4) What the options are left now? Wife visa?

5) is there any list of countries where we can get married and the marriage will be legible, no any country restrictions?

6) what is the average waiting time for cr1?

If you read this message until the end I do hope you can give me any suggestions based on your experience and knowledge.

 

I am literally lost and feel so down 

 

 

Thank you!

 

[payxibka 10,044]

Until you cure the current ineligiblility (more income or additional sponsor), a spouse Visa application will have the same result. 

 

A legal marriage anywhere is recognized by the USA 

 

Spouse Visas are taking a year or more 

[Regi 11]

3 minutes ago, payxibka said:

Until you cure the current ineligiblility (more income or additional sponsor), a spouse Visa application will have the same result. 

 

A legal marriage anywhere is recognized by the USA 

 

Spouse Visas are taking a year or more 

Why didn't they request at least for a sponsor?

Where can I read about income requirements for cr1 visa?

Thank you in advance 

[jaysaldi 208]

 

 

22 minutes ago, Regi said:

 

2) I have a valid B2 tourist visa until March 2020. Will they not let me in to meet my fiancee? I traveled 4 times to the States to meet my fiancee before.

 

 

Does the embassy still have your passport? When you get it back you may see if the tourist visa is marked cancelled. If it's not, you should be able to use it to board a plane to the USA. There's no guarantee that a border officer would let you in, but the the vast majority of valid visa holders who land in the USA are admitted.

 

 

22 minutes ago, Regi said:

3) if I apply for a tourist visa again, most probably I will be denied?

 

Yes.

 

22 minutes ago, Regi said:

4) What the options are left now? Wife visa?

Or you could appeal

 

22 minutes ago, Regi said:

5) is there any list of countries where we can get married and the marriage will be legible, no any country restrictions?

There are many countries where you can marry

 

[Regi 11]

1 minute ago, jaysaldi said:

 

 

 

 

Does the embassy still have your passport? When you get it back you may see if the tourist visa is marked cancelled. If it's not, you should be able to use it to board a plane to the USA. There's no guarantee that a border officer would let you in, but the the vast majority of valid visa holders who land in the USA are admitted.

 

 

 

Yes.

 

Or you could appeal

 

There are many countries where you can marry

 

They didnt keep my passport after the interview. I took it with me. They requested additional papers and that's it.

 

If appeal, I heard it can take years and still negative results..

 

Thank you for answers! I am so down that dont know where to start from 😔

[payxibka 10,044]

15 minutes ago, Regi said:

Why didn't they request at least for a sponsor?

Where can I read about income requirements for cr1 visa?

Thank you in advance 

Is the USC still self employed?  If so,  how did you prove sufficient current income?

 

Most consulates use 125% of HHS poverty guidelines just to get you considered.  Being below the 100% level is a show stopper.   

 

How much in current savings did you prove?

[Regi 11]

1 minute ago, payxibka said:

Is the USC still self employed?  If so,  how did you prove sufficient current income?

 

Most consulates use 125% of HHS poverty guidelines just to get you considered.  Being below the 100% level is a show stopper.   

 

How much in current savings did you prove?

Yes, he is. He started his job in 2017 and by now his situation got better at work 

We proved 100k

[payxibka 10,044]

2 minutes ago, Regi said:

Yes, he is. He started his job in 2017 and by now his situation got better at work 

We proved 100k

But how did you prove sufficient current income for 2019?  For a  self employed individual that is done by his tax filing and 2019 isn't complete yet.

[jaysaldi 208]

5 minutes ago, Regi said:

Yes, he is. He started his job in 2017 and by now his situation got better at work 

We proved 100k

You showed them U.S. bank statements showing $100, 000 in cash, in a checking or savings account?   Or did you prove assets in another way (showing ownership of cars, a house, etc.)

 

What is his current income and how did you prove it?

 

 

Edited November 14, 2019 by jaysaldi

[Regi 11]

4 minutes ago, payxibka said:

But how did you prove sufficient current income for 2019?  For a  self employed individual that is done by his tax filing and 2019 isn't complete yet.

I mean for 2019 we showed estimated current income. Already from 9 months they could see that it's above the requirements 

And for savings- it's just his savings he collected for years 

[geowrian 22,335]

Just now, Regi said:

I mean for 2019 we showed estimated current income. Already from 9 months they could see that it's above the requirements 

And for savings- it's just his savings he collected for years 

Current income for a self-employed individual would be via their most recent tax return (2018 here).

He has 2019 revenue, not income yet.

 

[payxibka 10,044]

Just now, Regi said:

I mean for 2019 we showed estimated current income. Already from 9 months they could see that it's above the requirements 

And for savings- it's just his savings he collected for years 

How could they see it?  

[Regi 11]

5 minutes ago, jaysaldi said:

You showed them U.S. bank statements showing $100, 000 in cash, in a checking or savings account?   Or did you prove assets in another way (showing ownership of cars, a house, etc.)

 

What is his current income and how did you prove it?

 

 

I brought bank savings papers to interview with me and we put this info in affidavit form. But they didnt want to see them as the CO said : everything looks good, just send the transcripts" 

Regarding income I had bank statements for 8 months , and they never seen them, but we added estimated annual income in affidavit  

[brown007 82]

Just now, Regi said:

I brought bank savings papers to interview with me and we put this info in affidavit form. But they didnt want to see them as the CO said : everything looks good, just send the transcripts" 

Regarding income I had bank statements for 8 months , and they never seen them, but we added estimated annual income in affidavit  

Why not use a Joint-Sponsor to save all this 

[payxibka 10,044]

3 minutes ago, Regi said:

I brought bank savings papers to interview with me and we put this info in affidavit form. But they didnt want to see them as the CO said : everything looks good, just send the transcripts" 

Regarding income I had bank statements for 8 months , and they never seen them, but we added estimated annual income in affidavit  

If they never looked at the bank statements, then it wasn't considered.   Consulates are not obligated to consider assets.  If your sole proof of 2019 income was your entry on the affidavit,  without any other evidence,  then it wasn't considered.   If the above is true,  then they based the decision on the three prior years tax filings, which are all under the poverty level.