Jump to content

Regi

Members
 View Profile  See their activity

  • Posts

    76

  • Joined

  • Last visited

 Content Type 

Posts posted by Regi

    K1 refusal :( Suggestions

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    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.

     

    K1 refusal :( Suggestions

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    2 hours ago, Russel1995 said:

    I would definitely wait as well.  Your fiance could try to file taxes as soon as he has all his documents in order and hopefully get transcripts by april.. aka, much faster than a new k1 or cr1.. and if denied will allow you to decide how to increase that income for the next attempt or find a co sponsor.  

     

    As for deciding for the cr1/k1,  I'd check into the stats for your country with each visa and look at your personal case..  alot of times I think the cr1 may be better but advantages of the k1 that favored me was:

     

    1. Cheaper to get process started so you can save up for the most costly steps.  although will cost more in the end.

    2. Doesnt include a immediate marriage if relationship is fairly new (i knew my now wife for  6 to 8 months before filing)

    3. Doesnt require vaccine requirement at interview (but requires at AOS, my insurance covered my fiances and her sons. was near $500 cheaper this way)

    4. My country specifically (Mexico). k1 schedules their own interview.. cr1 needs to wait for the consulate to schedule..  took us 327 days from filing for our k1 (could have been 230ish but I decided not to reschedule earlier when slots opened up) this is about half the time of a CR1/IR1 visa from Mexico. but your country may differ.

    Our k1 took us 6 months from the start to the interview day. If k1 fails, then for sure nothing left than cr1

    K1 refusal :( Suggestions

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    1 minute ago, Jorgedig said:

    Since we are only about six weeks from the end of the tax year, and the embassy appears to be allowing you to submit the 2019 transcript before sending the petition back to USCIS, you may want to give it enough time to get that accomplished before going the other route of the CR-1.  As Villanelle pointed out, once you are married, that ends your K-1 eligibility, regardless of where you are in the process.

    @Jorgedig thank you for your reply.  You have been responding on this thread very actively and I would like to thank you for your time and support. I am thinking about sending an email to the embassy to make sure I have understood correctly and they definitely hold our case and wont send it back 

    K1 refusal :( Suggestions

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    15 minutes ago, Villanelle said:

    IF you marry you can no longer pursue the K visa. There is no 'putting it in your pocket'. You need to be single and unmarried to get a K visa. So you can either marry (now) and file the CR (now) or you can wait until you have 2019 taxes to submit and see if the K visa is issued. Typically when a K is refused it is sent back to USCIS. However it seems the Embassy is not going to send the case back and will hold it until you are able to send 2019 transcripts. In the US you can file taxes starting in Jan if you have all your paperwork and the deadline to file is in April. Most people do not have all their paperwork in Jan though. But since your fiance is self employed they may be able to file in Jan or Feb, possibly March depending how fast they can gather what they need to file. 

    Also when things get delayed like this you usually need a new medical and new police reports as they expire as well. 

    Thank you so much for your answer! 

    I certainly would like to make everything legally. I am traveling to different countries since 2003 and have been to the USA at least 6 times and never overstayed. For me the legal way is the priority and have asked my question to have a clear mind that I considered every single option.

    I will check regarding timing for filing the taxes as soon as my fiancee wakes up. But your answer gave me so much hope and light in the tunnel 🌹❤ 

    K1 refusal :( Suggestions

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    11 minutes ago, Jorgedig said:

    Tax transcripts are normally for the calendar year.  I'm not sure how it works for 1099/self employed people, but it sounds like they are willing to hold onto the petition at the embassy for long enough for you to submit his 2019 transcript after filing his taxes.

    That's very encouraging 😍

    The new questions appeared in my head 🤷‍♀️

    My medical check up is valid until March 26. It seems I have to redo it again?

    Do you suggest to get married in a third country and keep the marriage license in a pocket and save time in case it turns negative after 2019 tax transcripts submission? Thus we could immediately apply for cr1?

    Or is it a bad idea as the marriage date will be while  K1 was still pending?

    K1 refusal :( Suggestions

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    Good morning all,

     

    UPDATE:

    My fiancee sent an email to the Embassy today morning.

     

    Just now I have received a reply from the Embassy to my last message where I have provided the requested IRS. Here its:

     

    Thank you for your email. US Immigration law requires that the consular officer analyze the totality of the applicant’s circumstances, including, but not limited to: age; health; family status; education and skills; assets, resources and financial status; also, where appropriate, the affidavit of support. If, after conducting the interview and evaluating the totality of the applicant’s circumstances, including any applicable documentation, the consular officer is not convinced the applicant will not be a public charge in the United States, they are obligated to refuse the applicant under section INA 212(a)(4)(A). Our records indicate that your application is refused under INA 212(a)(4)(A) for public charge.

     

    You are welcome to send us petitioner’s 2019 IRS tax transcript once it is ready, and the Consular Officer will again review your petition.

     

    What do you think?

    K1 refusal :( Suggestions

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    3 minutes ago, jaysaldi said:

    I went through the process in Cambodia a few months back and I was very confused, and still am, about whether K-1 petitioners can rely on assets or not.  Is there some kind of written rule on this? It's seems nuts to me that a guy with assets but no income would be allowed by American law to import a Russian fiance but another guy with the same amount of assets and no income would be barred from importing a Kazakh fiancee. It makes no sense, and it suggests to me that can't be they way it works, there has to be a uniform rule out there that they should all be following.

    Exactly, this is what makes me upset.

    As I have read recently that for example during the interview in Mexico the CO didnt even ask for the financial documents and the case was approved.

    I am really happy for any couple got approved, just wanted to say that if there is one strict rule for everyone, it's easier to follow it, to know that you will be judged equally. 

    K1 refusal :( Suggestions

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    22 minutes ago, HRQX said:

    The K-3 is very rare; in fiscal year 2019 only five were issued worldwide. One in Tegucigalpa: https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/October 2018 - NIV Issuances by Post and Visa Class.pdf Page 95

    And four in Ciudad Juarez:

    Here is a comparison chart: https://www.visajourney.com/content/compare/ There isn't an additional fee to attempt a K-3: "You may file Form I-129F together with or after filing Form I-130. If you file Form I-129F after filing Form I-130, include a copy of the Form I-797, Notice of Action, to show that USCIS received your Form I-130. There is no fee if you are filing a Form I-129F for a spouse to obtain a K-3 visa." https://www.uscis.gov/family/family-us-citizens/k-3k-4-nonimmigrant-visas Odds are it will be IR-1/CR-1.

    As it was suggested, we should apply with CR1, I think 

    K1 refusal :( Suggestions

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    3 minutes ago, Jorgedig said:

    Honestly, as others have said, I would have the petitioner contact them ASAP to enquire as to their process after you provided the other documents.

     

    Especially since you will likely face the same issue if you apply for a CR-1, unless his income situation is significantly different by that time.

    Yes, based on advices we will email them.

    I thank everyone!!

    K1 refusal :( Suggestions

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    8 minutes ago, Jorgedig said:

    Wait, what??  How did you expect the bank balance to even be considered if you did not bring statements?  It makes no sense to list "numbers" in the affidavit of support, without including statements to back it up.  They don't just take people at their word for those things.

    Oh. I mentioned that I did bring bank statements but the girl who collected the papers before interview and CO refused to take it. They said all looks good. Just email IRS transcripts for 2017-2018

    Maybe CO saw the numbers on affidavit and didnt consider there could some shortages in transcripts 

    😭😭

    K1 refusal :( Suggestions

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    1 minute ago, payxibka said:

    Except according to the OP, they never showed statements to prove.   Another possibility is that the consulate may not,  as a local policy, even consider assets to overcome income shortfall.   I'm not familiar with almaty's practice as it is not a frequent consulate we see.

    Yes, CO has never seen the proof. It's only the numbers in affidavit of support 

    I am from tashkent )

    K1 refusal :( Suggestions

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    5 minutes ago, Jorgedig said:

    Agreed.  And this is a prime example of why the petitioner should be more involved.  It could even be a case of the embassy wondering about the incongruence between a very low income and a very high cash bank balance.

    I explained the reason of this balance above.

    And CO knows that fiancee started new job in 2017 and that before worked for other company. 

     

    Fiancee is involved just currently is at work and will and the email to the embassy as per suggestions above 

    K1 refusal :( Suggestions

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    1 minute ago, payxibka said:

    You need to contact them BEFORE the petition leaves the consulate.   Once the petition leaves the availability to reconsider stops and you have no further recourse 

    Yes, I understand it. And as they never contacted and I found out that they refused today on the website put me under shock. And no one knows whether they still keep it or the package already gone ((

    But your advice means a lot!

    K1 refusal :( Suggestions

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    5 minutes ago, missileman said:

    Every couple has their own priorities, and each couple must decide which visa is better for their situation.

    K-1
        Slightly faster arrival in the US 
        More expensive than CR-1    
        Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
        Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
        Spouse can not work until she/he receives EAD (approx 5-6 months)    
        Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
        Spouse will not receive Green Card for many months after Adjustment of Status is filed.

      

    CR-1
        Slightly slower arrival in the US 

        Less expensive than K-1    
        No Adjustment of Status(I-485, I-131, I-765) required.    
        Spouse can immediately travel outside the US    
        Spouse is authorized to work immediately upon arrival.    
        Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
        Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

        Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
      �


     

    I appreciate you input!

    Now I am scared to ask how long it could take for cr1?

    For k1 we have applied on april4, on October 8th I was interviewed 

×
×
  • Create New...