K-1, co-support no longer accepted?

[rin and john 71]

Section 212(a)(4) which prohibits the issuance of a visa to anyone likely to become a public charge.

Looking through the form and instructions, the I-134 does not have a co-sponsor provision (as Thai Mom stated earlier). The I-864 does.

Apparently, the US Embassy in Bangkok (or anywhere for that matter) has never had to accept a co-sponsor for the I-134, they did in the past and now they have been instructed against that practice. Not fair, but not a violation of your civil rights.

You are correct, having a consistent process from the embassy would have saved you time and money, but at this point you need to prove you can provide sole support for your fiancee. The alternative is to get married in Thailand and file for a CR-1/IR-1 visa. That process uses the I-864, which clearly allows for a co-sponsor.

Sorry to hear about your denial. Good luck in the future!

John

[lotuspearls 0]

I just pulled from the government website, I-864 instructions:

When Can There Be a Joint Sponsor?

When the primary sponsor cannot meet the income requirements, a joint sponsor who can meet the income requirements may submit an I-864 form to sponsor all or some of the family members. A maximum of two joint sponsors can be used per family unit intending to immigrate based upon the same petition. If two joint sponsors are used, each joint sponsor is responsible only for the intending

immigrant(s) listed on the joint sponsor’s Form I-864. Important note: If a joint sponsor is used, the petitioning sponsor must use Form I-864

She was directly told cannot

[rin and john 71]

I just pulled from the government website, I-864 instructions:

When Can There Be a Joint Sponsor?

When the primary sponsor cannot meet the income requirements, a joint sponsor who can meet the income requirements may submit an I-864 form to sponsor all or some of the family members. A maximum of two joint sponsors can be used per family unit intending to immigrate based upon the same petition. If two joint sponsors are used, each joint sponsor is responsible only for the intending

immigrant(s) listed on the joint sponsor's Form I-864. Important note: If a joint sponsor is used, the petitioning sponsor must use Form I-864

She was directly told cannot

The I-864 is for immigrant visas. The I-134 is for non-immigrant visas. The K visas are non-immigrant visas. I don't agree that it makes any sense that I-134 do not have a "co-sponsor" provision, but I didn't see it in the instructions or form.

John

[rin and john 71]

Looking again at the I-134, it does not explicitly state that the sponsor has to be the future spouse. So a co-sponsor is not allowed, but an alternate sponsor may be. I would contact the embassy and ask them if you could have someone else sponsor her as the primary sponsor.

[rin and john 71]

Here is a site with more discussion of the I-134 and public charge issue.

For some reason, VJ won't let me paste the link (it removes the website), so you will need to cut and paste and remove the spaces.

www. family based immigration /forums/showthread.php?t=28

http://***removed***/foru...thread.php?t=28

Edited August 11, 2008 by rin and john

[Thai family 0]

We were denied. We are shocked and stunned!!!

__________________--

I am so sorry to hear this. John has given some good suggestions. Hopefully this can be quickly reversed.

Thai Mom

[lotuspearls 0]

I am sorry for your situation but since you asked.... Family based immigration is a priveledge and not an inalienable right....

Bizarre comment. This is not a drivers licence application

Anyhow, I talked to the US embassy and they said Co-support is still 100% acceptable, and my co-support earns well over the requirement. Washington pulled my file and they show a differant reason for denial than the interviewer. The BKK office lied direct to her face. I have alot of info. coming soon.

here is our timeline.

Time Line of CA center service :

29th Dec 2007 - I129F sent to CA

03rd Jan 2008 - got NOA1

07th May 2008 - Request for Additional Evidence ( from NOA1 = 125 days )

11th May 2008 - Letter on hand (requested documents)

12th May 2008 - Sent back documents of requested

22th May 2008 - CA Center Service got requested documents (Checked online on the website)

23th May 2008 - NOA2 = Approval notice sent (Checked online on the website) ( 140 days from NOA1 )

30th May 2008 - NOA2 letter on hand at my finance's house (valid from 05/23/2008 to 09/22/2008)

02nd Jun 2008 - NVC sent out case number to US.Embassy in Bangkok

06th Jun 2008 - Case Number letter on hand at my finance's house

14th Jun 2008 - Packet 3 on hand

16th Jun 2008 - Returned back packet 3

24th Jun 2008 - Packet 4 on hand

11th Aug 2008 - Interview Date 8.00 am.

[lotuspearls 0]

Earlier I meant I-134, not I-834, sorry.

[payxibka 10,045]

Bizarre comment. This is not a drivers licence application

Not a bizarre comment but a fact... you asked about your civil rights being violated...

[lotuspearls 0]

Thanks John, I cant seem to get this link to work though.

Here is a site with more discussion of the I-134 and public charge issue.

For some reason, VJ won't let me paste the link (it removes the website), so you will need to cut and paste and remove the spaces.

www. family based immigration /forums/showthread.php?t=28

http://***removed***/foru...thread.php?t=28

[rin and john 71]

Thanks John, I cant seem to get this link to work though.

Here is a site with more discussion of the I-134 and public charge issue.

For some reason, VJ won't let me paste the link (it removes the website), so you will need to cut and paste and remove the spaces.

www. family based immigration /forums/showthread.php?t=28

http://***removed***/foru...thread.php?t=28

Try going to www (dot) family based immigration (dot) com (spaces removed) . Click on "immigration forums" on the left side of page. Scroll down to "Stage 3 - Foreign Consulates and Embassies" and choose subforum "I-134 AOS & Public Charge". Then select "I-134 and Overcoming the Public Charge Issue" (it's pinned at the top as a "sticky"). I couldn't get a direct link to work either.

John

Edited August 12, 2008 by rin and john

[Devkpaik 1]

lotuspearls,

you mentioned that the affidavit of support WAS NOT the reason for the denial? Then what was?

My fiance had her interview on July 7th and she received the visa.

I am a student with absolutely no income whatsoever. I used a co-sponsor (my mother) and find it hard to believe the embassy (not doubting it, just find it ridiculous) could change their rules within a month and give no warning of this.

I also spoke with my lawyer who told me that co-sponsors are allowed at the US embassy in BKK and they've never had a problem with this so long as the co-sponsor provides all the needed documents and is 125% above the poverty level.

Please update us on what the reason was for her denial if it wasn't co-sponsor related.

I'm really sorry to hear this.

[lotuspearls 0]

I contacted the US embassy in Washington, and they pulled my file. They told me I was refused due to my father not qualifying on his taxes, he was my co-sponser. My Fiance was told after the interview that we were refused because I, myself, did not meet the standards, and co-sponsers were no longer accepted. 2 conflicting stories. My fathers income is well over $100k, so this is definately not the case. My feeling is that there are some kind of rogue employees at the BKK embassy.

My fiance is on some Thai forums, and she is hearing endless refusals with the co-support in BKK. When i talked to the rep. in washington, she pulled the application requirements, and told me there is no change, and co-sponsers are acceptable.

I will be calling the bkk embassy tonight to try to get to some more facts.

I would be very interested to talk to your lawyer, if possible. I am sure there are hundreds of incorrectly denied applicants to be found out there. This is without a doubt not a legal situation.

Thanks all

I am a student with absolutely no income whatsoever. I used a co-sponsor (my mother) and find it hard to believe the embassy (not doubting it, just find it ridiculous) could change their rules within a month and give no warning of this.

I also spoke with my lawyer who told me that co-sponsors are allowed at the US embassy in BKK and they've never had a problem with this so long as the co-sponsor provides all the needed documents and is 125% above the poverty level.

Please update us on what the reason was for her denial if it wasn't co-sponsor related.

I'm really sorry to hear this.

[daboyz 36]

Unless I'm missing something, on the I-134 instructions, it never mentions anything about tax returns unless you are self employed. I see in the packet 3 that the BKK embassy sends out, they ask for tax returns. Seems like some kind of disconnect.

Why would somebody be forced to use tax returns, if the I-134 doesn't require it? Maybe they are making up their own rules there, or using that as an excuse to deny the visa. I noticed that Thai Family didn't seem to have an issue using a co-sponsor. Although that was K-3. Wonder if there's a difference?

[daboyz 36]

I contacted the US embassy in Washington, and they pulled my file. They told me I was refused due to my father not qualifying on his taxes, he was my co-sponser. My Fiance was told after the interview that we were refused because I, myself, did not meet the standards, and co-sponsers were no longer accepted. 2 conflicting stories. My fathers income is well over $100k, so this is definately not the case. My feeling is that there are some kind of rogue employees at the BKK embassy.

My fiance is on some Thai forums, and she is hearing endless refusals with the co-support in BKK. When i talked to the rep. in washington, she pulled the application requirements, and told me there is no change, and co-sponsers are acceptable.

I will be calling the bkk embassy tonight to try to get to some more facts.

I would be very interested to talk to your lawyer, if possible. I am sure there are hundreds of incorrectly denied applicants to be found out there. This is without a doubt not a legal situation.

Thanks all

I am a student with absolutely no income whatsoever. I used a co-sponsor (my mother) and find it hard to believe the embassy (not doubting it, just find it ridiculous) could change their rules within a month and give no warning of this.

I also spoke with my lawyer who told me that co-sponsors are allowed at the US embassy in BKK and they've never had a problem with this so long as the co-sponsor provides all the needed documents and is 125% above the poverty level.

Please update us on what the reason was for her denial if it wasn't co-sponsor related.

I'm really sorry to hear this.

Why does the US have an Embassy in Washington? Are you referring to the US Embassy in Thailand, or the State Dept. in Washington? Just wanted to verify.