K1 Refused - Additional Info Needed

[abaa 21]

After waiting over two years, my fiance finally was able to get her visa interview. She was given a letter requesting more information in regards to financial documents. I submitted tax transcripts from the last 3 years which were well above the necessary thresholds. In addition, I have sufficient assets in multiple accounts that should have also been sufficient. I also submitted an I-134 affidavit of support. I'm not sure what else they are wanting from me. I saw there is an inquiry form on the embassy's website, but the response time seems to be almost a month. My heart sank completely that she wasn't approved despite the documents. I'm a full time investor, so I'm self-employed. Does anyone have any ideas on what documents they could need? Is there anyway to contact someone at the embassy who could give me direction? The 221g she received just stated "Proof of your fiance's income in his current job." Any help would be appreciated.

[Adventine 3,201]

When you say you're a full time investor, do you mean you trade stocks? If yes, you should have monthly brokerage statements showing the money you make from trading. Seems like the embassy is looking for proof of current, ongoing income streams.

[Steve2022 41]

I wonder if your situation is somewhat similar to mine.   I was told by Rapidvisa, my agent, that my income from a trust fund was not considered to be "sustaining income".  I suppose money from buying/selling stocks would be much the same.  That income is not considered reliable or reproducible.  So it seems like there is some discrimination against people who don't work for others or have non-traditional revenue streams that they aren't used to looking at.  After Rapidvisa told me this about the "sustaining income", I decided to just get my sister to be the joint sponsor, so that I could be assured that there would be no problems.  She has a regular job where she gets a salary.  This way their head can't explode from looking at the financials.  Still, if you have assets that are more than 3x the income requirement, then I don't see how they can deny you.  I would call the embassy and ask for reconsideration.  Maybe the consular agent is new and needs to be trained.  You might get a lawyer to appeal the decision, but it may be easier to just get a joint sponsor. 

Edited May 12, 2022 by Steve2022

[Steve2022 41]

I'm sorry, I just remembered that you can't use a joint sponsor for a fiance visa in the Philippines.  The Philippines government doesn't allow it.  Probably too many spouses that got stuck with some good-for-nothing that doesn't work.  So I would suggest you get a net worth statement signed/validated by your bank or a lawyer or something, to prove that your assets minus liabilities are above the minimum threshold, or find out exactly what sort of documentation they need to prove your assets.  That or get married and jump back to the end of the line with a new I-130.  Good luck.

 

 

Edited May 12, 2022 by Steve2022

[abaa 21]

4 hours ago, Adventine said:

When you say you're a full time investor, do you mean you trade stocks? If yes, you should have monthly brokerage statements showing the money you make from trading. Seems like the embassy is looking for proof of current, ongoing income streams.

Yes. I was thinking about sending the tax forms from the brokerage showing where the money comes from. I already showed the tax transcripts. Thank you for your suggestion.

Edited May 12, 2022 by abaa

[abaa 21]

1 hour ago, Steve2022 said:

I wonder if your situation is somewhat similar to mine.   I was told by Rapidvisa, my agent, that my income from a trust fund was not considered to be "sustaining income".  I suppose money from buying/selling stocks would be much the same.  That income is not considered reliable or reproducible.  So it seems like there is some discrimination against people who don't work for others or have non-traditional revenue streams that they aren't used to looking at.  After Rapidvisa told me this about the "sustaining income", I decided to just get my sister to be the joint sponsor, so that I could be assured that there would be no problems.  She has a regular job where she gets a salary.  This way their head can't explode from looking at the financials.  Still, if you have assets that are more than 3x the income requirement, then I don't see how they can deny you.  I would call the embassy and ask for reconsideration.  Maybe the consular agent is new and needs to be trained.  You might get a lawyer to appeal the decision, but it may be easier to just get a joint sponsor. 

Yes, I had multiple accounts that more than met the asset threshold, so I thought I was double covered by meeting both the income requirement and the asset requirement. I would prefer not to have to get a lawyer when I'm confident I can prove I have sufficient income and assets. I think it is more of an issue of proving this to the embassy and submitting the correct paperwork. As far as calling the embassy, I couldn't find a number for issues like this. There is an online inquiry form, however, the response time is several weeks. I did submit an inquiry, but I don't expect a quick answer.

[abaa 21]

57 minutes ago, Steve2022 said:

I'm sorry, I just remembered that you can't use a joint sponsor for a fiance visa in the Philippines.  The Philippines government doesn't allow it.  Probably too many spouses that got stuck with some good-for-nothing that doesn't work.  So I would suggest you get a net worth statement signed/validated by your bank or a lawyer or something, to prove that your assets minus liabilities are above the minimum threshold, or find out exactly what sort of documentation they need to prove your assets.  That or get married and jump back to the end of the line with a new I-130.  Good luck.

 

 

I did submit two signed statements from different financial institutions that both showed I met the assets threshold. Apparently, this is insufficient.

[Steve2022 41]

29 minutes ago, abaa said:

I did submit two signed statements from different financial institutions that both showed I met the assets threshold. Apparently, this is insufficient.

Perhaps some documents from Experian that show what your total debt is and credit score might be helpful?   I would call the embassy main number and just hold until you get a human being.   Or wait for better answers from this forum.   You should also provide every 1099 (and w-2, which seems like you don't have) and form 1041 (if applicable, probably not) you have available.  Not sure how you got through NVC without providing all of your 1099s, separately uploaded to CEAC.  And your full tax return.  And 6-7 months of bank statements. 

Edited May 12, 2022 by Steve2022

[abaa 21]

15 minutes ago, Steve2022 said:

Perhaps some documents from Experian that show what your total debt is and credit score might be helpful?   I would call the embassy main number and just hold until you get a human being.   Or wait for better answers from this forum.   You should also provide every 1099 (and w-2, which seems like you don't have) and form 1041 (if applicable, probably not) you have available.  Not sure how you got through NVC without providing all of your 1099s, separately uploaded to CEAC.  And your full tax return.  And 6-7 months of bank statements. 

I can submit 1099s and the complete tax return. Perhaps, this will have additional details they are looking for. 

[Adventine 3,201]

Do you regularly move profits from your brokerage account to a bank account to pay for your household expenses? If yes, you could also show several months worth of statements to prove a "steady" income stream.

[abaa 21]

7 minutes ago, Adventine said:

Do you regularly move profits from your brokerage account to a bank account to pay for your household expenses? If yes, you could also show several months worth of statements to prove a "steady" income stream.

I usually do this once a year. I can send a statement showing the transfer. Thank you for the idea.

[Carpe Vinum 2,327]

3 hours ago, Steve2022 said:

I'm sorry, I just remembered that you can't use a joint sponsor for a fiance visa in the Philippines.  The Philippines government doesn't allow it.  Probably too many spouses that got stuck with some good-for-nothing that doesn't work.  So I would suggest you get a net worth statement signed/validated by your bank or a lawyer or something, to prove that your assets minus liabilities are above the minimum threshold, or find out exactly what sort of documentation they need to prove your assets.  That or get married and jump back to the end of the line with a new I-130.  Good luck.

 

 

It's not the Philippines government that doesn't allow it but the rest of your reasoning is spot on.

[Steve2022 41]

1 hour ago, abaa said:

I can submit 1099s and the complete tax return. Perhaps, this will have additional details they are looking for. 

We were delayed 3 months extra at NVC because the reviewer wanted "every single 1099 and w-2" uploaded separately from the tax return.  They had already been provided, but as part of the tax return.  They wanted each income source uploaded as a separate file, I think is the rule.  Rapidvisa botched the initial upload, but I guess I can't complain because I only paid them $650 in total.   Rapidvisa also required I provide 6-7 months of bank statements.   Sometimes I think they knew what they were doing.  

Edited May 12, 2022 by Steve2022

[Carpe Vinum 2,327]

1 minute ago, Steve2022 said:

We were delayed 3 months extra at NVC because the reviewer wanted "every single 1099 and w-2" uploaded separately from the tax return.   Each income source uploaded as a separate file, I think is the rule.  Rapidvisa botched the initial upload, but I guess I can't complain because I only paid them $650 in total.   Rapidvisa also required I provide 6-7 months of bank statements.   Sometimes I think they knew what they were doing.  

Every dog finds a bone sometimes))) You seem to be on the ball. It might have been much less stressful to do it yourself.

[Steve2022 41]

9 minutes ago, Carpe Vinum said:

It's not the Philippines government that doesn't allow it 

I guess it is just the way the US Embassy there is run?   I pulled this from the rapidvisa website:   "every single embassy and country has different rules, and it's at their discretion. The Philippines is one of a small number of embassies that do not accept joint sponsors for the K-1 fiance visa. They actually require you to meet the income requirements on your own, and if you cannot do that through employment, then you can also use assets in some cases. And even that falls to the discretion of the consular officer, as to whether or not they'll accept assets, and what type of assets they'll accept."