K1 refusal :( Suggestions

[Regi 11]

1 minute ago, jaysaldi said:

I think he can file in late January.

 

What was his income in 2015, 2016, and 2017? 

 

If higher than 2018 and above the poverty guidelines, I would send in those transcripts too with the 2019 transcript.

 

What is his education level, what jobs was he working in 2015-2017, and what low paying job did he work in 2018, and what is the nature of his high paying self employment now?

If they are holding his petition, I'd recommend that he file as early as possible in late January, get the tax transcript as soon as possible, then send the 2019 transcript and any favorable 2015-2017 transcripts to the embassy when the gets the transcripts, along with a cover letter explaining his financial situation and pitching it in the most favorable light to him.  I would also include the bank statement showing that he has a lot of cash in the bank not just in early 2019 but a statements from every quarter (every three months) dating back years proving that his mom and dad didn't just deposit $100,000 in his account for purposes of fooling the embassy, and proving that he has had a lot of assets for a long time and that these assets were earned through legitimate means.

 

If his 2018 income was low because he took a few months off to travel to see you, he should explain that in the letter. If it was low due to missing work due to a temporary and now cured health condition, he should say that. The cover letter should be brief (1-2 pages) but it should convince the consulate (I'm not poor, I'm not going to be poor in the future, here's proof I'm not poor and haven't been poor, I'm asset "rich" and usually have a high income and my 2018 low income was an aberration for x reason that won't happen again." 


 

Thank you, we will take your advice.

In 2017 and 2018 he traveled to see me and stayed here for a month each and I went there to meet him 4 times spending about 2-3 weeks. Both while being here and when I was there he didnt work and we spent time sightseeing. I didnt see taxes for 2015-2017 and no one asked.

I had 9 months bank statements to show the embassy but they never asked for it, you know.

Well, now considering our "weak points" we will try to be well prepared and as you said the cover letter with explanations sounds as a good idea. Actually he put some details in yesterday's email, maybe they considered it and gave us another chance.. @payxibka I think we did a good job yesterday and sent an email on time? Or is it just a coincidence and they never read his email?

Nevertheless, I am so thankful to God, the CO and VJ family for helping me.

 

[payxibka 10,048]

2 minutes ago, Regi said:

Thank you, we will take your advice.

In 2017 and 2018 he traveled to see me and stayed here for a month each and I went there to meet him 4 times spending about 2-3 weeks. Both while being here and when I was there he didnt work and we spent time sightseeing. I didnt see taxes for 2015-2017 and no one asked.

I had 9 months bank statements to show the embassy but they never asked for it, you know.

Well, now considering our "weak points" we will try to be well prepared and as you said the cover letter with explanations sounds as a good idea. Actually he put some details in yesterday's email, maybe they considered it and gave us another chance.. @payxibka I think we did a good job yesterday and sent an email on time? Or is it just a coincidence and they never read his email?

Nevertheless, I am so thankful to God, the CO and VJ family for helping me.

 

Does not matter the "how,"  the door is open, take full advantage of what you have been given 

[Villanelle 4,122]

1 hour ago, geowrian said:

It should be considered by policy. How it is considered is up to their discretion. As noted, some may put very little to no weight on it (unless it is quite significant).

You also have to take note that he mentioned it is self employed income. That is treated differently for the affidavit of support. When someone is self employed there is no 'safety net'. A W2 employee is pretty much guaranteed to be paid if they show up for work. A company that hires people as W2 employees usually has a big bank account in reserve for payroll. When you are self employed you are responsible for all kinds of business expenses, its very easy for a vendor to not pay you or for a disaster to strike costing you a bunch of money needing to be laid out and bankrupting you.  

 

In general self employed people need to show at least 1 year tax returns that are over the poverty level to qualify. They did not have this, it seems they had started the business in 2018 and since they only worked for a few months the numbers on it werent enough. 

 

For anyone who is not securely over the poverty guidelines on their last tax return (and ideally be over for the last 3 yrs returns), well they should consider doing the CR route as it uses the 864 rather then the 134. The 134 is not considered a binding document and as explained has more discretion in approving it. Some consulates allow for co-sponsors on a 134, others do not. With the 864 co-sponsors are always allowed.

[SalishSea 18,419]

5 hours ago, jaysaldi said:

I think he can file in late January.

 

What was his income in 2015, 2016, and 2017? 

 

If higher than 2018 and above the poverty guidelines, I would send in those transcripts too with the 2019 transcript.

 

What is his education level, what jobs was he working in 2015-2017, and what low paying job did he work in 2018, and what is the nature of his high paying self employment now?

If they are holding his petition, I'd recommend that he file as early as possible in late January, get the tax transcript as soon as possible, then send the 2019 transcript and any favorable 2015-2017 transcripts to the embassy when the gets the transcripts, along with a cover letter explaining his financial situation and pitching it in the most favorable light to him.  I would also include the bank statement showing that he has a lot of cash in the bank not just in early 2019 but a statements from every quarter (every three months) dating back years proving that his mom and dad didn't just deposit $100,000 in his account for purposes of fooling the embassy, and proving that he has had a lot of assets for a long time and that these assets were earned through legitimate means.

 

If his 2018 income was low because he took a few months off to travel to see you, he should explain that in the letter. If it was low due to missing work due to a temporary and now cured health condition, he should say that. The cover letter should be brief (1-2 pages) but it should convince the consulate (I'm not poor, I'm not going to be poor in the future, here's proof I'm not poor and haven't been poor, I'm asset "rich" and usually have a high income and my 2018 low income was an aberration for x reason that won't happen again." 


 

A CO isn’t going to accept travel to see alien fiancé as the reason for sub-poverty income, just like USCIS won’t accept not being able to afford to travel as a way out of the one-time meeting requirement for the I-129f petition.  Those are choices that can adversely impact eligibility for immigration benefits.

[jaysaldi 213]

48 minutes ago, Jorgedig said:

A CO isn’t going to accept travel to see alien fiancé as the reason for sub-poverty income, just like USCIS won’t accept not being able to afford to travel as a way out of the one-time meeting requirement for the I-129f petition.  Those are choices that can adversely impact eligibility for immigration benefits.

I think the CO will consider the totality of the circumstances to determine if a beneficiary will end up being a public charge. Explaining that the down year in income was an aberration because the petitioner took time off work can help. It's better than showing deficient income for that year and saying nothing.

[jaysaldi 213]

6 hours ago, Regi said:

Thank you, we will take your advice.

In 2017 and 2018 he traveled to see me and stayed here for a month each and I went there to meet him 4 times spending about 2-3 weeks. Both while being here and when I was there he didnt work and we spent time sightseeing. I didnt see taxes for 2015-2017 and no one asked.

I had 9 months bank statements to show the embassy but they never asked for it, you know.

Well, now considering our "weak points" we will try to be well prepared and as you said the cover letter with explanations sounds as a good idea. Actually he put some details in yesterday's email, maybe they considered it and gave us another chance.. @payxibka I think we did a good job yesterday and sent an email on time? Or is it just a coincidence and they never read his email?

Nevertheless, I am so thankful to God, the CO and VJ family for helping me.

 

If he has higher income for 2015, 2016, 2017 as evidenced by tax transcripts he should include those, as well as the 2019 self-employment income. If he can show consistent income over the minimum and a rare down year in 2018, that's better than just having given them the 2018 and 2019 transcripts, especially since it's self-employment income.