ratsso

Completely agreed - the K-1 was obtained fraudulently, as it's only available to people who are free to marry. Neglecting to tell the officer who did the K-1 interview doesn't mean it's alright! I really can't see how adjustment of status can be approved in this situation - and lying to USCIS is a very bad idea!

I don't understand how OP thinks what they've done is perfectly fine, it clearly isn't. It's going to set them up for a whole host of problems if she uses this visa.

FYI:

The K-1 interview was before we got married. We didn't know it would be an issue to marry in two different countries.

I know it sucks, but I really can't see any other way around it. You could try talking to an immigration attorney, but since you're already married the K-1 isn't appropriate for your wife to use.

For other people who may read this thread at some point, I think it's worth pointing out that when appeals are filed it's unrealistic to expect the issue to be resolved within such a short space of time. OP says they married a month after filing the appeal - this story goes to show that if you appeal, you shouldn't rush into something that will invalidate the visa process until you know for a fact that the appeal was unsuccessful.

Yes, There are lessons to be learn for us and to other here. Another lesson being; although the VJ is very helpful, it has its limits. I.E.. I read in VJ that we would likely not get an K1 appeal and to start over with a K-3. Yet, we were granted one. The irony here is that we are starting over. Agreed. Haste makes waste.

Thanks again all.

As iampatricias said, no, there's no way around it. The K-1 is a fiancé(e) visa, which means you need to be engaged to use it but definitely not married!

It's too late now, but I'm surprised you didn't follow-up with your K-1 appeal before rushing to get married. That would have saved you both a lot of trouble.

Thank you,

Yes, it would have. But at the time, I hadn't found a successful way of talking to a person from the embassy by phone. Its pretty screwed up. I don't suppose we could get an annulment under our circumstances so she could be single again.. I know..it Sounds outrageous, but so is waiting another 9 months !

This is NOT what anyone would have done. She's married. She's no longer eligible for the K1 visa. The Cenomar is the least of your worries. You're going to have to get MARRIED in the United States AFTER she arrives or she won't be eligible to adjust status. That means you're going to have to LIE when you tell the county clerk that you're not married!

What you should have done is withdrawn the petition when you got married. The best course of action now is to return to the consulate and get the visa canceled, and then apply for a CR1.

K3's are rarely granted anymore because the I-129F and I-130 are almost always approved at the same time. NVC just closes the I-129F and sends the I-130 to the consulate.

01

Thank you for the replies all:

We didn't find out about the K-1 approval until after we were married. If we apply for a CR1 we would be looking at 9 month $$. Can't it be worked out with another way, or with a lawyer ? Sound like it won't be overlooked... hmm.

We were initially denied the K-1 Visa due to the income requirements and were recommended to apply for a K-3 spouse Visa. Most people we talked to responded with the same answer.

All the same, I filed an appeal with the embassy but got no response. Anyway, We married about a month later in a civil service with her family along side. It was very nice. However; I felt a bit perturbed that the US Embassy gave me no reply to our K-1 appeal. I miraculously found the correct extension to the Visa section.

I informed them that I hadn't received any reply and was unsuccessful at reaching them before. The Embassy staff person asked me for the case number, then informed me that the appeal was granted and I was given up to one year from the filing date to provide additional/updated evidence for the financial part of the K-1.

Of course, I was in a bit of shock. Well,.. it was great to be married but we had expected to go another round with a different Visa petition.

I did what anyone would due; I waited for my accountant to finish my latest tax return and Fed-X it to the Embassy. She was approved and the Visa "is in the mail" as I write this. Happy story ? We hope so. but questions came up with my spouse as I once we learned she is required to attend a CFO Guidance and Counseling seminar for fiancee':

Will she have to provide a Cenomar? ( She didn't report to any government agency (NSO), that she was NOW married ).

If so, can we use the one we have that's 8 months old when she was single ?

FYI: The US Embassy in the Philippines don't accept sponsors for the K-1 petition. If I had known this, I we would have properly married and filed a K-3.

<!--quoteo(post=3587689:date=Dec 26 2009, 05:03 PM:name=Bulex)--><div class='quotetop'>QUOTE (Bulex @ Dec 26 2009, 05:03 PM) <a href="index.php?act=findpost&pid=3587689"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->it would be possible to wont wait for the 3 weeks process?.. is there anything else to be faster the process?.. because we have only 3 weeks vacation and our time is very short..<!--QuoteEnd--></div><!--QuoteEEnd-->

You can call your city local civil registry office to inquire. If you're from Quezon City, they would advise you to ask your future husband to download the application form, fill it out and bring it to Philippine Consulate in his state to be authenticated, send it to you with a copy of his passport and 2x2 photo, then you go to city hall, submit those and your documents and tell them that his certificate in lieu will be submitted when he comes. Anyway, even if the 10-day process is over, if you don't have the Certificate in Lieu, the license won't be released. That's what I did when we married in March. We didn't have to wait for 10 days because application for marriage license was already filed before he came.

I found a copy of the application on the web. I can't verify how current it is, but I didn't notice a download from the embassy's website.

http://www.mag-anak.org/photos/forms/LEGALCAP.PDF

This may be the shortest time line for our situation: She received written options from the consulate: We could marry, then use the I-864. And I could see this as our advantage given the assets and my income for the current year. But waiting a year will be very hard.

The consulate is giving us a year to act before they close our case. I was thinking of scheduling another interview with an updated I-134 after

December 31st. This is when I am able to use my newer tax return.. I'm just hoping they will give us more opportunities to submit another I-134, if we still have year.. what do you think ?

thank you !

Manila does occasionally accept a co-sponsor. The factors they consider are if the primary sponsor has a good reason for current low income (full time student, perhaps?), that the primary sponsor has good prospects for better earnings in the future (about to graduate or recent college graduate), and that the co-sponsor has a strong motive to sign an I-864 when the time comes (a close relative is preferred). It sounds like this doesn't describe your situation, so they probably won't accept a co-sponsor for a K visa in your case.

Did you already declare these assets on your I-134 the first time through? If no, why not? If yes, they apparently didn't care, and won't likely care if you try again.

"Over stating" your income, or simply not taking all of the allowable deductions? You can't legally declare income you don't receive. However, you are not required to take every deduction you're eligible to take. There are some very liberal deductions on schedule C. As far as the consulate is concerned, the number on line 22 of the 1040 is the income you have to live on. You can pump this number up by skipping some deductions on schedule C. Yeah, you'll pay more in taxes, but you can't have it both ways. If the IRS thinks you're too poor to pay much taxes then the consulate will, as well.

This may be the shorted answer for our situation: She received written options from the consulate, that she could marry, then use the I-864. And I could see this as our advantage given the assets and my income for the current year. But waiting a year will be very hard.

The consulate is giving us a year to act before they close our case. I was thinking of scheduling another interview with and updated I-134 after Dec. 31st. when my I am able to use my newer tax return.. I'm just hoping they will give us more opportunities to submit another I-134, if we still have year..

thank you !

The advantage here is that you can take advantage of every option that the I-864 allows, including using a co-sponsor.

Now matter which route you take, you need to pretty much start over. There are no shortcuts.

Big thanks to everyone who have helped us to this point. I started this post, but apparently was not successful in getting it placed. Here go's again..

My fiancee' was denied under because they felt she would be a "public charge". Manila would not even consider looking at the co-sponsors I-134. She was told by the CO that Manila doesn't accept co-sponsors.

Part of our problem stem from me being a self-employed person. I do make a decent income. However, my income on line 22 is shown to be less than the % of the poverty level for a combined family of 4.

We thought about a few possible options to this.

1. co-sponsor ( apparently, not an option in Manila).

2. Using my assets and income combined on the I-134 ( apparently, they wouldn't "see" this as a I-864).

3. Waiting until I file my 2010 taxes and "over stating" my income and pay higher taxes. ( Could be like shooting myself in the foot financially).

4. Marry in the Philippines and start the process all over again and become eligible to file an I-864. If this is an option, do we have another long time line ahead of us. Or can we cut to the chase some how ?

Thank you again guys !

Cendy and Jay

My fiancee' just got out of her interview at manila. The CO said that she was not approved because because I my I-134 was not sufficient. The CO said that they don't accept co-sponsors for K1, and would not accept the co-sponsor she had in her hand! They invited her to return today to obtain additional information. I'll let you know what she reports.

FYI: My I-134 included my income from last years tax return, plus my children's SSI income. Other assets where the verified value of my second vehicle, excise tax returns for the first and second quarter of 2010. The entire assets and income would have exceeded the minimum requirements. I was trying to see if they would treat the I-134 like an I-864. Didn't work. But I did have our friend as a good co-sponsor. Again, they wouldn't even review it.

I do need a sponsor. The sponsor I found could only produce bank statement and a retirement statement to show sufficient income. The bank statement show a very large balance. However; it is not not in the same format that is asked for in the instruction for the I-134. It is simply a monthly bank statement.

Will this be alright as evidence of support ?

Looking for more help on self-employment persons.

Does anyone really what lines on the schedule C, and/or 1040 they use to qualify the income by? It's not line 41..

Also, will they accept notarized local tax quarterly income returns.

If I can't qualify on my own, I read somewhere on a blog that someone might also co-sponsor the difference from what I lack to qualify.

I was thinking that since my children are not on my tax returns, I could possibly not put them down as dependents. Just a thought..

thanks again guys..

Last year was a slow year because of the economy. I made only $19,000 after expenses, and I have currently have two children as dependents.

However; I won't be able to claim them as dependents on my 2009 taxes. Even though, they live with me know. Are they still considered dependents?

Hello all, I'm self employed and adjusted gross income for 2009 is 19,599 , 2008 is a few thousand less.No dependents other then myself and fiancee. I have had no less then 25,000 in my personal checking account for at least 2 years. My store property is valued by a local real estate agent at 450,000 with less then 40,000 owed on the note. Please tell me what I will need for interview. I'm not the kinda of guy that wants to take chances . Thanks .

I'm also self-employed and concerned about the issue. It states that the last tax returned is required for self-employed individuals. I want to know if they base the income on the gross, adjusted gross income, or net income. For you. I would say because you have assets as real estate, with less then 40k, you're pretty safe. hmm.

From what I have read, persons with self-employment income are required to submit the most recent tax return.

I have two concerns/questions about that:

1. What line item they will use on my taxes to make their determination. Gross business income, adjusted gross income, or net income.

2. My most recent tax filing was 2008. ( I have an extension to file my 2009 tax ). I made less money in 2009, and would prefer to use 2008.

thanks to anyone who can shed some light on this

Still waiting for NOA1 letter. I paid with money order.

delivered USPS 4/06/12

signed for 4/09/12

Now 4/28/12

Can someone instruct me on how to Post a new question.

Thank you.