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nate96

k1 visa denied, help pls

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Filed: K-1 Visa Country: Philippines
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My fiancee' just got out of her interview at manila. The CO said that she was not approved because because I my I-134 was not sufficient. The CO said that they don't accept co-sponsors for K1, and would not accept the co-sponsor she had in her hand! They invited her to return today to obtain additional information. I'll let you know what she reports.

FYI: My I-134 included my income from last years tax return, plus my children's SSI income. Other assets where the verified value of my second vehicle, excise tax returns for the first and second quarter of 2010. The entire assets and income would have exceeded the minimum requirements. I was trying to see if they would treat the I-134 like an I-864. Didn't work. But I did have our friend as a good co-sponsor. Again, they wouldn't even review it.

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  • 3 weeks later...

Hello to all, I may have a problem with income requirements with trying to bring my fiance from the Philippines here. I lost my $100k+ job last year & have been on unemployment. I am a disabled veteran and receive $770 a month for that. The VA just sent me back to college and are giving me an additional $556 per month to go to school. School will be from 2 1/2-3 years in which I will receive the $770+$556=$1326 per month which equates to $15912 per year. My question is this, one will my income from the VA for school count for income, and, 2, since I am a veteran and receive this income untaxed like military, will I only have to make 100% poverty income or $14570 per year. I also have $55,000 in the stock market plus another $7,000-$8,000 in the bank. Will embassy in Manila use my savings for the difference if I don't qualify?

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Filed: K-1 Visa Country: Vietnam
Timeline

Hello to all, I may have a problem with income requirements with trying to bring my fiance from the Philippines here. I lost my $100k+ job last year & have been on unemployment. I am a disabled veteran and receive $770 a month for that. The VA just sent me back to college and are giving me an additional $556 per month to go to school. School will be from 2 1/2-3 years in which I will receive the $770+$556=$1326 per month which equates to $15912 per year. My question is this, one will my income from the VA for school count for income, and, 2, since I am a veteran and receive this income untaxed like military, will I only have to make 100% poverty income or $14570 per year. I also have $55,000 in the stock market plus another $7,000-$8,000 in the bank. Will embassy in Manila use my savings for the difference if I don't qualify?

You should start your own thread...

They should consider all of the money you're getting from the VA since it's an earned benefit. The 100% poverty guidelines apply only to active duty military - not veterans. Your stocks and savings can be used to offset the income shortage at a 1:3 ratio. You have to provide proof you own both, and proof of their current value. Technically, you qualify on income plus assets.

Bear in mind that the consular officer has wide latitude in determining if you've met the public charge requirement. It's not simply a matter of crossing the line in the I-864P, though they will certainly deny you if you don't cross that line. Since your income is low they may look for an indication that you have a reasonable expectation of your income improving in the future. As the poster above you discovered, the consulate in Manila doesn't often accept co-sponsors for K visas.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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You should start your own thread...

They should consider all of the money you're getting from the VA since it's an earned benefit. The 100% poverty guidelines apply only to active duty military - not veterans. Your stocks and savings can be used to offset the income shortage at a 1:3 ratio. You have to provide proof you own both, and proof of their current value. Technically, you qualify on income plus assets.

Bear in mind that the consular officer has wide latitude in determining if you've met the public charge requirement. It's not simply a matter of crossing the line in the I-864P, though they will certainly deny you if you don't cross that line. Since your income is low they may look for an indication that you have a reasonable expectation of your income improving in the future. As the poster above you discovered, the consulate in Manila doesn't often accept co-sponsors for K visas.

I already posted to another section but have received no comments. I am going back to college to get my bachelors degree, but since I'm 50, I don't know how the consulate will look at the VA $556 to go to school as income. I will be doing the I-134 as I think that is for the K-1. I have just put too much effort & money into this for her to be denied. I have been there twice in the past year spending more than $10,000. I have property in Texas that's valued at about $85,000 and stocks at about $55,000. I will be going back to work after I get out of school. But that won't be for 2 1/2 years.

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