K1 Visa denied by US embassy

[bugsly14 0]

Hi to all. Im trying to help a friend with her problem. I hope someone can answer my questions so I could give her the right advice. Here are the facts of her case:

1. she applied for a k1 visa and her visa was approved by the USCIS

2. her papers were sent to the US embassy in our country

3. on the day of her interview, the consul gave her a paper with lists of reasons why they can't issue her a K1 visa. The reason marked was "you are likely to become a public burden".

4. her passport was returned to her

My questions are:

1. this means that her application for k1 was denied, right?

2. what happens next?

3. is there a way or chance that they can have this reconsidered by the US embassy in our country or they will have to file a new k-1 petition to USCIS and start all over again?

4. what do they need to do?

Please help.

[payxibka 10,045]

Q3) If they cannot overcome the "public charge" issue any subsequent petition/application will also be refused.

[Bobby+Umit 161]

Hi to all. Im trying to help a friend with her problem. I hope someone can answer my questions so I could give her the right advice. Here are the facts of her case:

1. she applied for a k1 visa and her visa was approved by the USCIS

2. her papers were sent to the US embassy in our country

3. on the day of her interview, the consul gave her a paper with lists of reasons why they can't issue her a K1 visa. The reason marked was "you are likely to become a public burden".

4. her passport was returned to her

My questions are:

1. this means that her application for k1 was denied, right?

Correct

2. what happens next?

Your friend will have to resolve the issues on the paper, ie, get more income to cover the poverty level needed, or get a co-sponsor.

3. is there a way or chance that they can have this reconsidered by the US embassy in our country or they will have to file a new k-1 petition to USCIS and start all over again?

There is a small window, contact the embassy quickly to see what can be done.

4. what do they need to do?

Contact the embassy and/or USCIS when they get the petition back.

Please help.

[YuAndDan 153]

For this they typically give the beneficiary and petitioner a chance to provide a better I-134 showing assets, or get a co-sponsor.

This is NOT a denial, it is a request to show a better affidavit of support.

[Nik+Heather 121]

It sounds like your friends fiance did not provide/incorrectly filled out/did not meet the requirements of an affidavit of support (I134).

There could be several things that went wrong in your friend's fiance showing that they could support your friend when they entered the US:

- Lack of I134 and supporting docs completely

- Lack of sufficient proof of income/assets

- Not meeting the poverty guidelines

- Lack of co-sponsor if they do not meet the income/asset requirements

- Co-sponsor did not provide sufficient proof of income/assets/eligibility to co-sponsor

- Co-sponsor did not meet the poverty guidelines....

Do you get the idea? I'm sure this is not an exhaustive list of all the things that might go wrong. Have your friend check the evidence provided at the interview for their support in the US against the advice given in the consulate forum. Start here: http://www.visajourney.com/forums/index.php?showtopic=305

As for your next steps, I think we are missing something from the slip your friend was handed, or any directions they were given. Your friend should read ALL that was given back and follow those instructions. What I have read about interviews where something like this is missing, you get the missing documentation, mail it and your passport (and probably that sheet? There must be directions somewhere) back to the embassy.

Edited March 24, 2009 by Nik+Heather

[Old Dominion 26]

Probably it will be necessary to start all over, if she can't quickly provide the embassy with proof that her sponsor can support the two of them.

The USCIS did not approve the K-1 visa. It simply allowed her to apply for one. The sponsor must not have understood the regulations regarding the I-134, i.e., sufficient income to support the two of them. So, it's time to find a co-sponsor.

[quakebars 0]

wow that is scary

[YuAndDan 153]

Moving this to consulate/embassy forum.

[Bobby+Umit 161]

wow that is scary

No, this can be easily overcome if the petitioner files the correct paperwork.

They may be very close to the poverty level needed, and may will need to show more income, either sponsor or co-sponsor.

[pushbrk 12,908]

For this they typically give the beneficiary and petitioner a chance to provide a better I-134 showing assets, or get a co-sponsor.

This is NOT a denial, it is a request to show a better affidavit of support.

That would be my read but I would caution anybody from jumping to conclusions on initial denials. Typically there are two types of "denials", the "show me more and maybe" and the "definitely not, sending petition back to USCIS". Without knowing the exact wording on the written notice we cannot predict which one of those these is but generally financial concerns are allowed to be addressed and the initial denial overcome.

I suspect a careful read of the notice will confirm that's the case. If so, what is needed is a co-sponsor. On the other hand, posssibly this is Manila where they don't always accept co-sponsors. We just don't have enough information to know which kind of "denial" this is yet.

[AaronM 0]

Hi to all. Im trying to help a friend with her problem. I hope someone can answer my questions so I could give her the right advice. Here are the facts of her case:

1. she applied for a k1 visa and her visa was approved by the USCIS

2. her papers were sent to the US embassy in our country

3. on the day of her interview, the consul gave her a paper with lists of reasons why they can't issue her a K1 visa. The reason marked was "you are likely to become a public burden".

4. her passport was returned to her

My questions are:

1. this means that her application for k1 was denied, right?

2. what happens next?

3. is there a way or chance that they can have this reconsidered by the US embassy in our country or they will have to file a new k-1 petition to USCIS and start all over again?

4. what do they need to do?

Please help.

Her Visa was not denied , what happened was her fiancee doesnt meet the federal proverty guidelines . And since he doesnt meet the requirement , she may become a public charge under the law . Same thing happened too us , and i still meet the federal proverty guidelines . But she had missing documents too prove support from me , she has her visa now and april 3, 2009 she is leaving philippines where our future together starts . So what she should of got was a blue piece of paper , that says you dont meet the federal proverty guidelines of $17,500.00 . To fix this you have a few options , get a co-sponsor or another part time job besides the one you allready have so you meet the requirement . And once you do send the documents too her so she can foward it too the usembassy in manila allong with her passport . And a photo copy of the letter , the counsel give her and your new I-134 , and harrass the Usembassy offten as you can . Ours took about a month and a half , for them too get too our documents we resubmitted too the cousel . And this puts you on whats called administrative review . ( i dont mean call the Usembassy puts you on Administrative Review , i mean if the counsel needs to review something after the visa applicant goes to his or her interview ). Its called Administrative Review , and its not nessasarally a bad thing . Its just a name , only bad thing is what your going through in waiting for the counsel decision . Good luck , and i wouldnt give up

[WROCLAW 0]

Hi to all. Im trying to help a friend with her problem. I hope someone can answer my questions so I could give her the right advice. Here are the facts of her case:

1. she applied for a k1 visa and her visa was approved by the USCIS

2. her papers were sent to the US embassy in our country

3. on the day of her interview, the consul gave her a paper with lists of reasons why they can't issue her a K1 visa. The reason marked was "you are likely to become a public burden".

4. her passport was returned to her

My questions are:

1. this means that her application for k1 was denied, right?

2. what happens next?

3. is there a way or chance that they can have this reconsidered by the US embassy in our country or they will have to file a new k-1 petition to USCIS and start all over again?

4. what do they need to do?

Please help.

wow, that su)ks! they have pretty much classified her as a loser, without paying her the welfare!

[AaronM 0]

For this they typically give the beneficiary and petitioner a chance to provide a better I-134 showing assets, or get a co-sponsor.

This is NOT a denial, it is a request to show a better affidavit of support.

That would be my read but I would caution anybody from jumping to conclusions on initial denials. Typically there are two types of "denials", the "show me more and maybe" and the "definitely not, sending petition back to USCIS". Without knowing the exact wording on the written notice we cannot predict which one of those these is but generally financial concerns are allowed to be addressed and the initial denial overcome.

I suspect a careful read of the notice will confirm that's the case. If so, what is needed is a co-sponsor. On the other hand, posssibly this is Manila where they don't always accept co-sponsors. We just don't have enough information to know which kind of "denial" this is yet.

Usembassy manila allows co-sponsors for sure , i was told this when they said i didnt meet the federal proverty guidelines . But the fact is , they only except what they see with their own eyes . We just had missing fiancial documents , thats all , she has her visa now , and april 3, 2009 she is leaving philippines and april 5, 2009 she will arive in usa . and in the blue piece of paper it will say you can have a co-sponsor to help you

[SuperDuper! 230]

A lot of men want a "mail order bride". Unfortunately, not all men can afford the postage.

[Chica Yeyé 41]

A lot of men want a "mail order bride". Unfortunately, not all men can afford the postage.

Not everyone is like you. Assumptions, much?