magmay06

hello, i will just ask if i still need a valid id for the interview if my fiancee will come with me in the interview? thanks in advance, takecare

If you are the petitioner show the guard your U.S. passport. The beneficiary needs to show the guard at the entrance the letter sent by the embassy. Good Luck!

It seems to me that if the U.S. petitioner goes to the interview, there's not much questions asked by the CO.

I went to the embassy on April 8 for my K1 interview. The CO initially told me that he could not give me a visa for the reason that I don't have adequate financial support.To give you a background of my story, my fiance wrote off his business loss in his 2009 tax return so that was the reason his gross net income was so low. He has ongoing current income though more than enough to support us.The disposition of my case with the CO was set by the embassy.My fiance and I went to the embassy on the date set.We were so surprised when the CO didn't ask anything about his finances.He just asked us if we were ready to get married with in 90 days and we were given the Pink Slip.

Hi,

50k to 60k a year is well above the 125% of the poverty guidelines that they require.

From what i read before (I hope someone will correct me if I'm wrong) they just consider your current income and if it's likely to last after the fiancé(e) arrives. So based on that I'd say your OK.

In addition, if you haven't send your I-129F package yet, you don't need to shown your income yet. That part is only needed when the fiancé(e) goes to the interview. It's good to start thinking about it now though.

Good luck with your case

Just went for my interview in April and disposition of my K1 on the 20th of May. Initially the CO said I don't have adequate financial support coz my fiance wrote off his loss on his tax.But we were able to overcome this by providing them proof of ongoing income. The CO considers the past year's(2009) tax return and it will be a great help that you show them your year to date proof of ongoing income. Good Luck!!

Congratulations!!! I am also waiting for the delivery of my visa ,was approved on the 20th may. Where in Seattle will you be going? I'm going there too. Good Luck to you!!

Hi

Although there is not a specific "bar" for illegally working it will surely be captured under the "bar" for Misrep, because they could state that they believe that she entered the USA on a visa that prohibits working and she did work without obtaining the correct visa type, therefore knowing that she was going to work and obtaining another visa to gain entry in to the US constitutes a Misrep.. but this is just my opinion.. I could be wrong and I hope I am for MagMay06's sake, as the Tax issue is another fight.

Good luck anyway with your application, hopefully you will not require a I-601 & a Waiver of Extreme Hardship but it does seem likely, as I in a similar position myself and I am 6 months in to the I-601 process.

Take care

Andrew

Thank you for the reply. I am now awaiting the delivery of my visa. Thank God! The embassy did not require me to submit a waiver.

What those letters and numbers mean, is that they did not allow you to re-enter the united states, and that you voluntarily left, instead of them having to deport you. Did they give you your passport back after your interview? Did they give you a form that said 212 (g) Administrative Processing?

You really need to give us a little more information about what happened at your interview. Did the consular officer say that you are inadmissable?

Sorry , am just too stressed out. Looking back , here's what happened during my interview.The CO asked me more about my cancelled visitors visa. He said that he will get in touch with homeland security.To check on my status ,it may take two weeks. He was shaking his head. Looks like I'm in a lot of trouble. Then he looked at my fiance's income tax.Because my fiance wrote off his loss during the previous year, he has very low net income in his income tax($100).The consul finally told me that the income of my fiance is not enough to support me. I told him that he has income from social security, pension and income from work. He told me that those were not enough so he could not give me a visa. he told me to go to this window where they will give me back my documents. so I went to this window where he told me to go. The guy there returned my passport and gave me a white paper that says that I need to submit an original copy of I-134(affidavit of support)and a valid passport. I submitted the said documents the next day.With the financial support, I attached my fiance's social security statement,pension statement,his work certification and his business card. After four weeks I got a letter from the embassy(attached was my passport) saying that they cannot give me a visa because I don't have an adequate financial support. It also says that the disposition of my case is on May 20,2010 to call the embassy or talk to the CO on that date for them to explain it to me. I thought it would be best if I go there with my fiance. So he came home and we went to the embassy together.We brought again his social security,pension statement and year to date earnings from work.However the CO didn't ask anything about it nor his finances. All he asked was "are you planning to get married with in 90days?".

My fiance said definitely. After that he told us that everything's been solved, to go to this window and they will tell us what to do next.

We waited for two hours.But we were never called in the window he told us to go to.We were called in another window and we were given the "PINK SLIP"!!!! I am now waiting for my visa to be delivered...PRAISE GOD!!!

This is my story. And I want to thank you all for bearing with me.

did they keep your passport, or not ?

they gave me back my passport.

My fiance's company gave him a certificate of employment stating his income for year 2009, but the income reflected in his tax was different.which figure should we put in the annual income part of affidavit of support?

Well, I am no expert but I would make sure you have the 2009 one...better to have the tax transcripts. That is what the I-134 instructions say. Msybe also good to have 2007 and 2008 just in case.

Actually it depends on the CO., my fiance wrote off his loss in his business in his 2009 income tax. The consul said his income tax the previous years doesn't matter. What matters was the 2009 tax return.

Well . . . one can amend their tax return, but it's usually done when something had been omitted.

I actually had negative income in 2008 because we put $135K in renovating our business property (held by an LLC), which wiped out my regular income . . . on paper. Hence, many self-employed people have very little taxable income, yet they still bring home decent money without cheating the tax man.

Knowing this, the self-employed can simply write off less than he legally could, simply in order to meet the income requirement. Employed people can add income from dog walking, yard sales, lawn mowing, or eBay sales at their heart's desire. It's cool not having to pay lots of taxes, yet sometimes it simply makes sense to pay a bit more to justify the end.

You're right that was what his taxman was doing.He is putting an amendment in my fiance's tax return.Because this should have been written off in his 2008 tax return but he forgot to do it.Hence,the huge loss in his 2009 income ...in paper.(thank you for writing about your experience)We both felt so depressed after we were refused to be given a visa because of this.The disposition of our case will be on the 20th.I have the proof of his income from 2009,proof of income from year to date,statement from pension,statement from social security.Do you think that's sufficient proof of a current income.Pension and security income is more than enough to satisfy the I-134 requirement. I was told that we need to show also document about the profit and loss from his business which is from january til it was closed in April ,to show that the loss will not be repeated again.We don't have that now coz it's soo soon to be able to get those documents.I have only have his income from his business though from January but not the loss.

Just because he had a real business loss does not mean he had to claim it on his income taxes. Can he re-file his taxes and not claim the loss so that his income shows?

Anyone out there know if this is possible?

Actually,the loss should have been covered in his 2007 and 2008 tax but his taxman failed to correct it so it was written off in his 2009 tax. His taxman is making a correction of it now though.From what he told me the tax was filed so there is no way they could refile it.

It will.

They look at current income, in addition to past income. They also look out to the future to see if the income is stable.

So get that evidence of current income, and you should be good to go.

Thank u Bobby+Umit.Thank you for the encouragement.I asked my fiance to come home to be with me when I go back to the embassy.I just received an email from our lawyer though asking me to reschedule our embassy appointment because she's trying to figure out how much my fiance's business lost and earned from january to april if it will still affect his income for 2010.My fiance closed his business in April. When we go to the embassy do I need to write a cover letter to go with the documents?

the nearest NBI office near your place will do. You don't need to go to the main office or in Manila to get your NBI clearance.

just a recap: the embassy sent me a letter to say that I am inadmissible because I don't have enough financial support. Despite my fiance's income from other sources which is guaranteed it was pulled down by his huge loss in his business in 2009.(he closed his business now) I called the embassy to ask what should we do, the girl said we just need to present an ongoing current income (proof of year to date income from sources). Hope this works.

Hi! Hogan, The letter says disposition of my case will be May 20,2010.

Will go back to the embassy on 20th May.

@magmay06 did you already go to the interview?

Hi! Hogan, The letter says disposition of my case will be May 20,2010.

The letter I got from the embassy on May 7 did not mention anything about what I was dreading to hear. THANKS GOD!

It has something to do with my fiance's income tax.He had a huge loss in his business so his income was pulled down tremendously by that loss. This is another obstacle to hurdle.Good luck to everyone.

Would it help if we will present certification of his income from year to date, his pension statement, and social security statement? If we will do another I-134,are we going to add up his annual income from work in 2009(based on his work certification?),annual income from social security, and annual income from pension to come up with total income?

I received a letter from the embassy on the 7th may. The letter says after reviewing my fiance's tax etc,fiance's income is not sufficient.My fiance has income from work,income from pension and social security.He had a huge loss though from his business so that pulled his income down.That business he closed first quarter of this year.Please help us how we will overcome this.I called the embassy ,the girl said I need to present a proof of my fiance's ongoing income.We have now the certification from his employer of his income from year to date. Please, HELP!!!

i am just curious, does your fiance income is 125% above poverty line?

His annual income in his work for 2009 is $28,947. (per his employment certificate)

23,561 - social security benefits

14,809 -pension

Though the figures in line 22 says 917. coz as what was explained to me by a lawyer, he lost 31,000 from his business.

To prove that he has a job , I submitted his employment certificate with his business card, social security statement and pension statement. I hope they will consider those docs as proof of income.

If you provided both a tax return AND a statement of benefits from Social Security, they will consider his income to be the Social Security annual amount plus the amount from line 22 of his 1040 tax return. What do those two items add up to?

Hi! Straight Talk, line 22 is 917 + 23,561(social security benefits)=$24,478.

I went back to the embassy on April 12 to submit his affidavit of support I attached his employment certificate which indicates his income for 2009 as $28,971, his business card , social security statement and pension statement. It is now 19 days and haven't heard from the embassy.

What did the paper they gave you at your interview say?

Usually just admitting to working will not get you a Misrep charge, but it can happen. If it does, you will need an I-601 hardship waiver.

Sorry guys, I am just so stressed out. I went for my K1 interview exactly two weeks ago today. Most of the questions that the CO asked me was about my cancelled visa. He told me initially that he will speak to his supervisor about my case but since his supervisor was out,he said he will just call the Homeland security about my case. He said this may take a couple of weeks.The white paper that they gave me at the window was for me to submit the original copy of my fiance's affidavit of support coz I guess what I gave them was the photocopy. The affidavit of support was submitted to them exactly 10 days ago and I have yet to hear from them. At this point I want to express how I appreciate all your comments, thank you for taking the time to answer my questions.

He means that his visa was cancelled and he was denied entry for admitting that he worked while on a visitor's visa. They were put on hold (possibly AP) because the CO is checking the details of the case. Now he is worried that they will make a Misrep charge for having done work on a visitor's visa. . .for lying about his intent when obtaining the visa. . .

One cancelled visa can have an impact on a k1 and it is a remote possibility they will charge with Misrep because of the stop/cancellation at the border.

You got it right emt103c. As of now it has been a week and four days after I went back to the embassy to submit the original affidavit of support of my fiance. We will just wait 'til we hear from them.

He means that his visa was cancelled and he was denied entry for admitting that he worked while on a visitor's visa. They were put on hold (possibly AP) because the CO is checking the details of the case. Now he is worried that they will make a Misrep charge for having done work on a visitor's visa. . .for lying about his intent when obtaining the visa. . .

One cancelled visa can have an impact on a k1 and it is a remote possibility they will charge with Misrep because of the stop/cancellation at the border.

You got it right emt103c. As of now it has been a week and four days after I went back to the embassy to submit the original affidavit of support of my fiance. We will just wait 'til we hear from them.

I did not withold the cancellation of my visa on my paperwork when I filled out my K1 application. I am just stressed out right now about what the outcome would be, so I was thinking they might charge me with misrepresentation.

When our lawyer filed our K1 application, I told her about the incident and she told me that K1 has nothing to do with

what happened I just pray she is right.

It should not have anything to do with your case - unless you omitted it in any of the paperwork you filled out prior to going to the interview (the packet info).

Who told you will be charged with misrepresentation?

You said you were given the wrong info - what was that? from who?