k1 visa denied, help pls

[nate96 0]

My brother used our dad as the co-sponsor. My brother's fiancee had her interview on may 21, when the consular asked for her fiance's I-134 she give them my brothers I-134 but not my dads I-134. The interviewer asked her for more info concerning my brothers income. She must have mistakenly forgot to hand them my fathers I-134 at that time. The following week she went back to the embassy to give them the additional information the consular requested and my dads I-134. The interviewer said she now had all the necessary paperwork and that she could go home and wait for her visa. well last week she got a letter in the mail from the embassy stating... "we are unable to issue you an immigrant visa because you have been found ineligible under the following section of the Immigration and Nationality Act, you are likely to become a public charge". When she submitted the additional information i think the embassy may have overlooked my dad's I-134. My brother emailed the embassy a letter stating what happened, that they may have overlooked the co-sponsor I-134 when she went back the second time to give them the additional information.

[idaho_and_surigao 3]

My brother used our dad as the co-sponsor. My brother's fiancee had her interview on may 21, when the consular asked for her fiance's I-134 she give them my brothers I-134 but not my dads I-134. The interviewer asked her for more info concerning my brothers income. She must have mistakenly forgot to hand them my fathers I-134 at that time. The following week she went back to the embassy to give them the additional information the consular requested and my dads I-134. The interviewer said she now had all the necessary paperwork and that she could go home and wait for her visa. well last week she got a letter in the mail from the embassy stating... "we are unable to issue you an immigrant visa because you have been found ineligible under the following section of the Immigration and Nationality Act, you are likely to become a public charge". When she submitted the additional information i think the embassy may have overlooked my dad's I-134. My brother emailed the embassy a letter stating what happened, that they may have overlooked the co-sponsor I-134 when she went back the second time to give them the additional information.

Well, this sounds like they did indeed deny the co-sponsor. I am not sure what your brother's situation is. Is your brother between jobs? Is is financial situation likely to change? as in get better?

[nate96 0]

My brother is on social security disability payments for life due to a severe case of scoliosis.

[nate96 0]

i think his annual gross income is just over $11,000.00 which is far less then the income requirement. that is why he had our father co-sponsor him.

[idaho_and_surigao 3]

My brother is on social security disability payments for life due to a severe case of scoliosis.

I am sorry to hear that. I am afraid that in this case, they may have indeed denied the co-sponsor. I am not sure what his next steps could be. Maybe others here have some pointers.

[Popcorn3210 0]

i think his annual gross income is just over $11,000.00 which is far less then the income requirement. that is why he had our father co-sponsor him.

hmm maybe investigate the route of marrying her in the Phils first. That way he can use the I-864 for the affidavit of support which allows co-sponsors. Of course, no guarantees with this way either but it is certainly spelled out in clear english that co-sponsors are allowed using this route. Too bad all consulates to act in the same manner with regards to this.

[JimVaPhuong 4,863]

A VJ member sent an email to the Embassy in Manila asking about co-sponsors.

http://www.visajourney.com/forums/topic/207703-co-sponser-and-manila-embassy/page__view__findpost__p__3128640

Date: April 24, 2009

This is in reply to your inquiry of April 24, 2009, regarding your visa concerns.

Petitioners in fiancé(e) (K1) nonimmigrant visa cases are generally expected to provide the adequacy of their own financial resources to ensure that an alien, after admission into the United States, will not become primarily dependent on the US Government for subsistence. While our immigration law does not disallow joint sponsorships for K nonimmigrant visa applicants, the mere submission of an I-134 Affidavit of Support from joint sponsors is not sufficient to establish that the alien is not likely to become a public charge. Accordingly, we make a thorough evaluation of other factors, such as the sponsor’s motives in submitting the Form I-134, the sponsor’s relationship to the applicant or petitioner, the length of time the sponsor and applicant have known each other, etc. An I-134 Affidavit of Support submitted by a casual friend or distant relative who has little or no personal knowledge of the applicant has limited value. Unlike the I-864 filed by joint sponsors in immigrant visa cases, the I-134 is not legally binding and imposes no legal obligation on the joint sponsor to make good on his or her promises. Please be assured that we look at the totality of circumstances in assessing the credibility of joint sponsorships.

For information about financial sponsorship guidelines, you may visit the U.S. Citizenship and Immigration Services (USCIS) website at http://www.uscis.gov.

Information regarding fiancé(e) and immigrant visa petitions may be found at our website at http://travel.state.gov/visa/immigrants/ty...types_1315.html or http://manila.usembassy.gov/wwwh3204.html.

Please direct future fiancé(e) and immigrant visa inquiries to this web link: http://manila.usembassy.gov/wwwh3230.html.

We hope this information is helpful to you.

Immigrant Visa Correspondence Unit

Consular Section

U.S. Embassy, Manila

1201 Roxas Boulevard

Manila, Philippines

Telephone: (632) 301-2000

Fax: (632) 301-2037

In a nutshell, this appears to say that they expect the petitioner to be able to qualify on their own, but may consider extenuating circumstances if they cannot. Others have mentioned the petitioner being a student or recent college graduate, which sounds reasonable. On the other hand, if the petitioner has a low income which is not expected to improve then they might be a lot less likely to consider a co-sponsor.

This also confirms what others have said about the co-sponsor being a close relative. They want some assurance that the co-sponsor will follow through, and sign an I-864 when the time comes.

The OP's brother can probably get a visa for his fiancee if he marries her, and his co-sponsor signs an I-864.

[pushbrk 12,824]

A VJ member sent an email to the Embassy in Manila asking about co-sponsors.

http://www.visajourney.com/forums/topic/207703-co-sponser-and-manila-embassy/page__view__findpost__p__3128640

In a nutshell, this appears to say that they expect the petitioner to be able to qualify on their own, but may consider extenuating circumstances if they cannot. Others have mentioned the petitioner being a student or recent college graduate, which sounds reasonable. On the other hand, if the petitioner has a low income which is not expected to improve then they might be a lot less likely to consider a co-sponsor.

This also confirms what others have said about the co-sponsor being a close relative. They want some assurance that the co-sponsor will follow through, and sign an I-864 when the time comes.

The OP's brother can probably get a visa for his fiancee if he marries her, and his co-sponsor signs an I-864.

The older the co-sponsor, the less favorably they'll be considered anywhere because the sponsorship obligation ends with the sponsor's death. With no improvement in the petitioner's finances expected, it's a really tough situation.

[Puppy eyes 0]

Hello, My brother's wife had her interview at Manila embassy and got denied due to my brothers lack of income. He knew his income was below the income requirements so he used my father as a co-sponsor which far exceeds the income requirements. My question is--does the manila embassy not accept co-sponsors? or maybe they overlooked my fathers I-134 affidavit of support. can anyone give me any insight in this matter on what my brother should do? any help would be greatly appreciated. thanks

please elaborate more on the reasons why she was denied and what was she told at the embassy to resolve, she must of have been given a way to remedy

[Boiler 45,402]

to the OP, Nate, don't listen to this trivel. Try to ascertain exactly why the co-sponsor was not accepted. My feeling is that something was probably not completed correctly or documents (w-2, 1040's etc etc) were missing. Search the Philippines forum, or the k-1 forum for 'co-sponsor' and you will find many many people who have received their Visa using a co-sponsor. I did several searches and could not find one visa in Manila that was denied because they did 'accept' the co-sponsor. In every case there were other mitigating circumstances.

Best of luck to your Brother and future sister in law.

Do you mean drivel?

As you can see from the replies of other Posters, Consulates make up their own rules. Manilla has its own variant.

I self sponsored my K1, an option I had but not one that I believe is applicable in Manila.

I believe marriage would be the only route, then go with the I 864 which is not adjudicated by the Consulate.

[idaho_and_surigao 3]

Do you mean drivel?

As you can see from the replies of other Posters, Consulates make up their own rules. Manilla has its own variant.

I self sponsored my K1, an option I had but not one that I believe is applicable in Manila.

I believe marriage would be the only route, then go with the I 864 which is not adjudicated by the Consulate.

I did. Typo. I agree with you 100% on this post. Marriage is probably the only route.

[NVC FAN :( 18]

seems like the condition of the boy , disabled for life. they would take this into account and cut him some slack.

[ryna 132]

I'm probably not fully understanding something, but why exactly are they so tough on the I-134? After all, it only applies for the 90 days that the K1 visa is good, right? How much $$$ can it really take to NOT become a public charge within 90 days? Doesn't the I-864 take over at AOS?

[JimVaPhuong 4,863]

[quote name=NVC FAN ' date='23 June 2010 - 08:08 AM' timestamp='1277305721' post='4021722]

seems like the condition of the boy , disabled for life. they would take this into account and cut him some slack.

It's actually the opposite. The fact that he is disabled for life means he will likely never have enough earned income to guarantee his wife will not become a public charge. If he is collecting SSI rather than SSDI then the situation is even worse because he is already collecting means tested benefits from the US government, funded by the US taxpayers. In that event, his qualifying income would be considered zero.

I'm probably not fully understanding something, but why exactly are they so tough on the I-134? After all, it only applies for the 90 days that the K1 visa is good, right? How much $$$ can it really take to NOT become a public charge within 90 days? Doesn't the I-864 take over at AOS?

It's not the consulate's job to determine if the alien will be supported for 90 days. It's their job to determine if there is a chance that the alien will ever become a public charge. They want reasonable assurance that there will be a qualified sponsor willing to sign a binding contract when the alien applies for a green card. They don't want to issue a visa, after which the alien comes to the US and marries the petitioner, only to find out they can't adjust status because they don't have a qualifying sponsor. They can't require anyone to sign a binding contract until the alien actually applies to become an immigrant, and they aren't eligible to apply to become an immigrant until they become an immediate relative of a US citizen. This is why getting married would solve this problem. Sponsors for spousal visas have to sign an I-864.

[april082010 3]

[quote name=NVC FAN ' date='23 June 2010 - 11:08 AM' timestamp='1277305721' post='4021722]

seems like the condition of the boy , disabled for life. they would take this into account and cut him some slack.

Yeah i think that is the reason why the sponsorship was denied. it must show that the income situation would likely to improve even though he is not making enough right now. I'm from K1 and also have a co-sponsor and the CO accepted it.