K1 - fiance recieved a letter of possiblity of public charge in manila embassy

[feb4 0]

Hi Vjers,

My fiance just had his interview at manila us embassy and has refused to give him visa for now due likely to become a public charge. Please advise on what to do. thank you so much!

[extremerecluse 32]

Hi Vjers,

My fiance just had his interview at manila us embassy and has refused to give him visa for now due likely to become a public charge. Please advise on what to do. thank you so much!

What do you think may have been the cause? He had your I-134 with 2010 tax transcript, W2 from the last three years, letter of employment. Did he have these documents on hand? Maybe borderline poverty line for your household members. These are the obvious issues. Could there have been others? They stated "For Now". Maybe you have an opportunity to demonstrate that you won't become a public charge. Good Luck!!

[GeoffinVA 2]

It sounds like the Embassy examined your I-134 Affidavit of Support, and determined that your income and/or financial resources do not meet the requirements for entry into the USA. I believe your income has to be 125% above the poverty line, and the bottom numbers change depending on how many dependents are in the household. You may wish to obtain a co-sponsor who can supplement your income. Do you have parents or relatives willing to sign on as co-sponsors? If so, gather their income data and read the I-134 instructions carefully. Hope this helps.

[MikelanNida 28]

i agree with extremerecluse and GeoffinVA, but if you give more information we can give you better ideas, are you over the minimum requirement?, new job? student?, maybe they see more dependants than you counted, check these things and good luck to you.

[XoxoHannah 1]

i agree with extremerecluse and GeoffinVA, but if you give more information we can give you better ideas, are you over the minimum requirement?, new job? student?, maybe they see more dependants than you counted, check these things and good luck to you.

I too agree with the others above. I was worried of the same thing before my interview since my fiance is retired and is receiving SSDI. I emailed the embassy to ask what to do if petitioner is below the poverty line and here is their response:

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 U.S. Government for subsistence.

Joint sponsors in nonimmigrant visa cases are not legally bound to address the financial needs of the applicant. K visa and such joint sponsorships are, therefore, not always sufficiently credible to overcome the public charge provisions of Section 212(a)(4) of the Immigration and Nationality Act (INA).

Fiancé(e)s of U.S. citizens (K1) are required to submit a I-134 Affidavit of Support from the petitioner together with a copy of the petitioner’s most recent Federal income tax return (Form 1040).

If the petitioner is unable to provide a Form 1040, he must submit other credible evidence of assets to meet the 100% minimum income requirement under the Federal poverty guidelines for his prospective household size. Such assets could include bank accounts showing the date the account was opened and the present balance, stock, personal property, real estate and non-taxable sources of income such as Social Security payments which should be available in the U.S. for the applicant's support and must be readily convertible to cash within one year. The consular officer determines if any additional documents are needed as the application is processed.

We did what they instructed on the last paragraph. I guess it will also help if your fiance is currently employed or has a good working history here in the Philippines. During the prescreening and interview, I was asked questions more about my past working history and the current than my fiance's.

I may be wrong about my opinion of the reason of becoming him a public charge, however hope this could help just in case that's what exactly is

Edited May 7, 2011 by XoxoHannah

[Penguin_ie 5,993]

***** Moving from K1 to US Consulates forum as discussions of I_134 and related topics belong there *****