K1 Visa denied by US embassy

[Anh map 2,098]

A thorough read of the paper received at the interview will be your guide. As stated before without knowing exactly what the paper said we are all guessing. It does sound like the income is an issue with the mention of being a public charge.

Post a copy of the slip on here or type it in verbatim for more specific recommendations.

[Gary and Alla 3,694]

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.

Your post is somewhat confusing, but I will try to sort it out.

First, your friend did not "apply" to the USCIS for a visa. Her fiancee petitioned for her to apply for a visa and that was approved. The petition is then sent to your country where your friend can apply to the consulate for a visa based on that petition. The terminology is important. One of the things she should have had for her interview is an affadavit of support from her USC fiance. she either did not have that OR his income was not sufficient to grant the visa. They can also get an additional sponsor if her fiance does not earn enough money, but her fiance needs to do this.

Was she denied or was she given a 221g notice for more documents? If she was given the notice, then her case is "on hold" until they receive the documents they need.

[Gary and Alla 3,694]

wow that is scary

It is not scarey at all. It is exactly what happens when the instructions are not followed. They are pretty clear about this. Someone went into an interview ill prepared and the blame is at the feet of her USC fiance. Everyone has plenty of time to prepare for this and it is pretty celar even before the petition is filed that this phase will come, there really should be no surprises in this aspect of the visa.

[baron555 934]

Actually to me the information is very misleading, or maybe it is not. Here is how I read it:

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 (She is the Petioner.)

2. her papers were sent to the US embassy in our country (She is the Petitioner and the male is the beneficiary.)

3. on the day of her interview, (The Beneficiary has the Interview, not the Petitioner. So who is she? The Petitioner or the Beneficiary? Maybe both are a female?)

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

So did the Beneficiary file the K-1 paperwork from her foreign country on behalf of the US male Petitioner?

What did the Petitioner provide?

See how the questions arise and are not answered? At least in my eyes.

[Bobby+Umit 161]

Actually to me the information is very misleading, or maybe it is not. Here is how I read it:

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 (She is the Petioner.)

2. her papers were sent to the US embassy in our country (She is the Petitioner and the male is the beneficiary.)

3. on the day of her interview, (The Beneficiary has the Interview, not the Petitioner. So who is she? The Petitioner or the Beneficiary? Maybe both are a female?)

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

So did the Beneficiary file the K-1 paperwork from her foreign country on behalf of the US male Petitioner?

What did the Petitioner provide?

See how the questions arise and are not answered? At least in my eyes.

I think your reading this wrong. Number 1 is the beneficiary. She used the wrong words to describe the situation.

[JeroenAndMichelle 28]

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

:rofl:

[lucyrich 20]

Actually to me the information is very misleading, or maybe it is not. Here is how I read it:

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 (She is the Petioner.)

I wouldn't read it that way, but I do agree that the original post is very confusing.

The petitioner doesn't apply for a visa. The petitioner files the petition. After the petition is approved, the beneficiary gets a chance to apply for the visa. At that point in the process, the beneficiary is also known as the applicant, because he/she is the person who is filling out the application for the visa.

Where it says "her visa was approved by the USCIS", it's clear that the original poster doesn't have the terminology right. The USCIS never approves visas. Only the Department of State is allowed to do that.

I suspect in this case, the female is the beneficiary/applicant. I trust the words "her visa" more than I trust an understanding of the distinction between petitions and applications.

Be that as it may, back to the main point. Note that INA 212(a)(4) says:

(A) In general.-Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible.

(B) Factors to be taken into account.- (i) In determining whether an alien is excludable under this paragraph, the consular officer or the Attorney General shall at a minimum consider the alien's-

(I) age;

(II) health;

(III) family status;

(IV) assets, resources, and financial status; and

(V) education and skills

(ii) In addition to the factors under clause (i), the consular officer or the Attorney General may also consider any affidavit of support under section 213A for purposes of exclusion under this paragraph.

In other words, while an inadequate I-134 may have been the reason for failure to overcome the public charge grounds of inadmissibility, it's possible there may have been other circumstances. For example, someone whose health means they would be likely to incur unusually high medical bills might have to meet a higher standard in order to convince the consular officer. That paragraph (A) gives the consular officer pretty broad authority to form a binding opinion.

Anyway, I agree with the posters who said more info is needed. It's important to find out exactly why the visa wasn't granted, and whether it was denied or simply delayed. It's important to follow the instructions that they gave the applicant at the interview.

[Dakine 26]

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

You got it!

NO MONEY, NO HONEY!