k1 visa, co-sponsorhip refused

[Darnell 8,478]

cool - so there's a chance for re-adjudication on the visa.

Good Luck !

[The_Sage1 2]

I'm really sorry to hear what happened to you and your fiance and I really do feel for you. I am sponsoring my fiance on a K-1 as well and my income is probably barely sufficient. I make 8.50 an hour and .50 cent an hour uniform allowance that goes in my pocket anyway. So basically I make 9 an hour full time, with some overtime. I live with my parents who make a combined income of over 100,000/year so I'm planning on using them as a co-sponsor just in case. My fiance's interview's coming up and things like this really discourage me at times. I have that CR-1 option as well but don't you have to wait a certain amount of time to file for it, if you had a K-1 denied?

My question is, did you even submit an I-134 yourself at all? I could be wrong, but it seems like you just submitted a co-sponsor and that's it. Are they giving you a chance to get a job and make some income so she can resubmit the I-134 with more income, or are they just sending it back to the USCIS? My guess is the consulate saw your living situation as potentially really sticky. But it doesn't make it right to do what he did. Immigration in this country is really crooked. Illegals that swim the across the border get their visas and green cards, even amnesty...but your own fiance can't get a visa? I often ask myself what kind of country is this.

[ellmvl 1]

I have no other better advice to give you but keep your faith and those prayers. Nothing is impossible with God. I do wish your son will get well and live a normal life as he grow. You are a strong woman...I admire you for that!

Hope God will touch the heart of the consul and reconsider everything and grant your fiance the visa. Goodluck in your plan to enter the navy!

Edited December 17, 2009 by ellmvl

[Patrick808 0]

Several people have suggested this, but, it's best said here:

You had two options to get your fiance into the US. A K1 visa which has failed, so the only other option is to get married and file a CR-1. There are many, many reasons that you have given why you can't do that, but the long and the very short of it is: You HAVE to do that. Unfortunately there is no other way, so between you, your fiancee and your family you need to come up with a plan to MAKE it happen or accept that you and your fiance will never be together.

...

I know it still leaves the child care issue, but you need to start finding CAN DO answers to each problem rather than CAN'T DO.

Why you choose to ignore "your ONLY option" is beyond me. Sign a few of the credit card offers that come in the mail if you must. Find a Filipina care home to take your son for a couple of weeks, they will surely understand your situation. The most important lesson the Navy will teach you is that you must complete your mission without excuse. Well, make your mission marrying your Fiancé.

Best of luck.

[imBlank 0]

@The_Sage1 >>Yes, I did submit an I-134 for myself stating that I had zero income and in the field where you're supposed to choose between intend/ do not intend I stated on that line that I had co-sponsors and named such co-sponsors.

>> I think that since you do have an income, co-sponsorship would work for you unlike in my situation, I have zero income.

@Patrick808 >>It takes awhile to process for CR-1 once a K1 has been denied, you have to wait for petition initial petition of I-129F to expire. On my end, it expires in February 2010.

@ellmvl >>Right now..I've been praying a lot and so have our friends and family. Hopefully the CO does have a change of heart.

[Gary and Alla 3,694]

@The_Sage1 >>Yes, I did submit an I-134 for myself stating that I had zero income and in the field where you're supposed to choose between intend/ do not intend I stated on that line that I had co-sponsors and named such co-sponsors.

>> I think that since you do have an income, co-sponsorship would work for you unlike in my situation, I have zero income.

@Patrick808 >>It takes awhile to process for CR-1 once a K1 has been denied, you have to wait for petition initial petition of I-129F to expire. On my end, it expires in February 2010.

@ellmvl >>Right now..I've been praying a lot and so have our friends and family. Hopefully the CO does have a change of heart.

Once your K-1 has been denied you can proceed immediately with another visa. You need to get married of course to pursue the CR-1

[JamilahAM 0]

Here's the thing. I just need to pass the NCLEX-RN to get a job. My fiance is also a nurse graduate and is also waiting to take the NCLEX-RN. I can't focus on studying right now since I'm just so stressed out, no time to study or attend review classes. I graduated in 2005. My fiance graduated in 2007. In comparison, hes the smarter one and his chances of passing the nclex are a lot more higher than me. That's more the reason I need him here.

Babysitters are just not an option. Daycare...my kids are banned from daycare thanks to my sons antics. He used to have daycare which cost 100 per week.

The State you live in is legally obligated to provide not only transportation for your son but education as well. And that education can be anywhere in the State. He will be placed with other special needs children where qualified educators will work with him. Contact the Department of Education in your city and inquire. Your daughter should not have been removed from daycare.

I know that was not your main point but you should be an informed parent.

http://www.google.com/search?client=safari...-8&oe=UTF-8

[chinese_mutt 11]

Here's how I see it:

1. Concentrate on your kid first. It looks to me like the kid needs all your time right now.

2. Immigration is not easy. NO matter how prepared your fiance is... it will get to him. It will get to your mother when she see's both of you at home and jobless. It will get to your brother. It will fray some nerves and your marriage will not have a smooth start. Finances always strains everybody's nerves no matter how much preparation you get. YES, even if he is a saint. The whole moving your life, not knowing anybody, cannot find work will get to him. Your special child screaming all the time will not help either. I'm not saying your marriage will be doomed. Just that it will be hard... perhaps the hardship from a third world country prepared him for this. I don't know. All I know is that being a newbie here in US, I've gone and have good days and have woken up with terrible depression.

Why not postpone your marriage plans until you can find a job and solution to your child's special needs? If he is faithful and really have good intentions of marrying you, he will understand your circumstances. Likewise, he is a nurse... maybe he will find a hospital that will sponsor a work visa for him.

3. Should you wish to proceed, nothing you can do but to go through the CR1 route. CR1 accepts co-sponsors almost always. It is not a guarantee but it has a better batting average.

Just my two cents. These may not be what you want to hear but I'm just being realistic.

[Nik+Heather 121]

I don't understand the "only option" that keeps getting thrown around here.

The K1 has NOT been denied yet!!

The best advice for her right now is not "shoulda coulda woulda". It is to ride out the additional processing, especially now as the embassy has accepted the other documents.

IF the K-1 is then denied, THEN she will have "only one option".

[chinese_mutt 11]

I don't understand the "only option" that keeps getting thrown around here.

The K1 has NOT been denied yet!!

The best advice for her right now is not "shoulda coulda woulda". It is to ride out the additional processing, especially now as the embassy has accepted the other documents.

IF the K-1 is then denied, THEN she will have "only one option".

On the day of my fiance's interview, when the consular officer found out that I dont have a job, he outright denied him a visa stating "K1 visa cannot use a co-sponsor. It has to be the petitioner who will be able to provide proof of employment. At this rate, you are denied a visa since there is a likelihood that you will become a public charge of the United States government."

DUDE, read what she posted. It was her words not ours. Sure, embassy cannot deny the visa... they can endorse the denial to USCIS.

[smokey27 0]

@ Dakine

Yep. exactly. Thats what our family has been discussing. That aside from the co-sponsorship being denied, the CO must have thought that with the age gap and everything, my fiance was just looking for an easy ride into the US. It also doesnt help that he looks really young for his age. Even I have been mistaken to be 17 when I went to get a lost drivers license replaced. But that's only because im only 4 foot 11 and of a slim build. At 24, he still looks like a lanky 5'11 teenager.

Is it true that you got denied using co-sponsor, I use co-sponsor but the consul didn't denied us we just gave white paper 221g and need the new stating income of my fiance, My Interview last Nov 03 '08 and I just sent the paper from his new employer was

Dec 28 '09 yes its over a year now so I am just waiting to hear from the Embassy what the staus of our case. I believe you just need to get a job and your k1 is still open, as long as you want...

[pushbrk 12,903]

DUDE, read what she posted. It was her words not ours. Sure, embassy cannot deny the visa... they can endorse the denial to USCIS.

Actually, ONLY Consular IV units can and do "deny the visa". Then they recommend USCIS revoke the petition. If USCIS reaffirms and sends the petition back, they can deny again. USCIS does not issue visas.

[amykathleen2005 441]

The State you live in is legally obligated to provide not only transportation for your son but education as well. And that education can be anywhere in the State. He will be placed with other special needs children where qualified educators will work with him. Contact the Department of Education in your city and inquire. Your daughter should not have been removed from daycare.

I know that was not your main point but you should be an informed parent.

http://www.google.com/search?client=safari...-8&oe=UTF-8

This is good advice. Your son based on his special needs is, through the Americans with Disabilities Act, entitled to schooling and transportation which caters to his needs. If he has a diagnosed condition he is also entitled to receive disability payments.

Also in my opinion, as a teacher so take it for what you will, your son seems needs to be tested for something more than ADHD. I hope that he can eventually be treated effectively because you and he certainly do not deserve the life you are having to lead.