K-1 Visa denied

[femy11 0]

Pls help!!!

The consul refused to issue me a visa because they feel that i might likely become a public charge. During my interview the interviewer asked for my fiance's recent income tax so i gave it. It was so low because of the economic crisis last year and the company that my fiance had been working with was a victim. But he got a new job last march of this year and is paying enough. From March to December he got a total income of around $32,000. So for one year he could make almost $40,000.

On my interview i provided them His certificate/letter of employment,pay stubs for 6 months, and a letter from my fiance that explains why his income last year was so low. But the consul just looked fast on our case and decided to refuse it.

My fiance has 2 children that are partially dependent to him (not living with him) and he is supporting them. but i believe His income is enough for 4 people.

Now the embassy is giving us a chance and they said they will study more our case and we will do follow up. But i got my passport back. They did not ask for more financial evidences like bank statements, life insurance, properties, and other assets yet. My fiance could provide all that.

Im very worried.

I hope everything will be fine and will get good news next time. Im already tired of this. Everytime i go to Manila i always got bad news... This is a sad Christmas for me : :crying:

[Maganda 1]

im sorry to hear everything didnt turn out ok for you..But dont lose hope.You still have someone up there to back you up.With God nothing is impossible and he will never let His children become miserable.God never fails.

[NigeriaorBust 4,087]

If the children are minors ( under 18 ) they are considered fully dependent on him. The term partially dependent if for children like my son , who earns his own money but chooses to rent from me about I don't charge the same as a real person. However you seem to make enough for a family of 4.

[femy11 0]

Do you think they will change their mind and approve me Once they rechecked it?

[mkl 0]

Pls help!!!

The consul refused to issue me a visa because they feel that i might likely become a public charge. During my interview the interviewer asked for my fiance's recent income tax so i gave it. It was so low because of the economic crisis last year and the company that my fiance had been working with was a victim. But he got a new job last march of this year and is paying enough. From March to December he got a total income of around $32,000. So for one year he could make almost $40,000.

On my interview i provided them His certificate/letter of employment,pay stubs for 6 months, and a letter from my fiance that explains why his income last year was so low. But the consul just looked fast on our case and decided to refuse it.

My fiance has 2 children that are partially dependent to him (not living with him) and he is supporting them. but i believe His income is enough for 4 people.

Now the embassy is giving us a chance and they said they will study more our case and we will do follow up. But i got my passport back. They did not ask for more financial evidences like bank statements, life insurance, properties, and other assets yet. My fiance could provide all that.

Im very worried.

I hope everything will be fine and will get good news next time. Im already tired of this. Everytime i go to Manila i always got bad news... This is a sad Christmas for me : :crying:

How do you know that your visa denied?if the officer's told you that they will review your case right?,so maybe they just put you in AP so don't be sad have faith in god and have a happy christmas,don't cry everything gonna be fine. Merry christmas to you all.

[thelastpetitioner 218]

see this is where dealing with manilla embassy becomes a negative,since they usually dont accept co sponsors they refuse cases where they doubt the beneficiary will become a public charge,when else where they would give you a 221G.im sorry OP,wait til he gets his 2010 tax return and file again?if he has done better

[Aztec&Taino 144]

By the way you explain it, the consul did not seem to flat out deny your visa petition. Perhaps there is hope since they told you they will look at the documents more carefully. Best wishes!

P.S. As other member suggested, if they do deny you, your fiance could wait for his 2010 tax declaration and re-file for the fiance visa, or just go to see you and marry you and file a CR1.

[sheenaspapi 18]

Waiting on his 2010 tax returns isn't going to change anything. She said that he made $32,000 from March to December. His 2010 return/w/2 be the same. How will this help??

I think the term "dependent or partially dependent" as defined by Nigeriabust is incorrect. This is asked on the I-134.If the child is 18 or more, he/she is an adult and the petitioner would no longer be responsible for them unless court ordered in a divorce. At 18(younger in some states), that child can do as they please. Quit school, move away or join the military without an parental consent or input.

[thelastpetitioner 218]

never the less if they wanna go down the k-1 route again they have to wait until his income gets higher,thats the point of it

[femy11 0]

I was expecting that everything will be ok and will get approved on my interview but i was turned down. The consul really said direct to my face that "im sorry but unfortunately we refuse to approve your visa because of...". I was so devastated when i heard that. They returned to me my passport and gave me a letter about the ineligibility.

I am still hoping though cause they said they're going to recheck his financial status.

My fiance has his own house and hectares of land but hes still paying the 1/4 of it. But his parents will give/name their properties to my fiance also since he is the only child.

He will apply for a new ITR on January for 2010 and that will state his new income. My fiance also told me that He will get a salary increase on April so im still not losing hope. But for now, im still in pain.

Sad thing is that I have to be in the US before February 12 because my medical will expire. I dont want to do it again cause i undergone sputum test and have to wait 2 months for the result. Thankfully I am negative.

Do you think I need to redo again the medical in case there is still no result of our case up to February? And what is really the required income for the size of 4? Ive been researching on internet, if he is making $32,000 He is still above the poverty line for 4. So how much more if its $40,000?

[jrmejia 31]

Nothing to add. Just wishing you the best.

[KemalTuanaYalcin 16]

By the way you explain it, the consul did not seem to flat out deny your visa petition. Perhaps there is hope since they told you they will look at the documents more carefully. Best wishes!

P.S. As other member suggested, if they do deny you, your fiance could wait for his 2010 tax declaration and re-file for the fiance visa, or just go to see you and marry you and file a CR1.

Hi There,

I saw your post and say you stated about if denied to go ahead and get married and then file a CR1. Can you explain to me how this will help please?

My fiancee and I have submitted the K-1 and are waiting a decision, but if denied, I am curious to learn how getting married might help the situation.

Thanks

[US_SL 2]

Pls help!!!

The consul refused to issue me a visa because they feel that i might likely become a public charge. During my interview the interviewer asked for my fiance's recent income tax so i gave it. It was so low because of the economic crisis last year and the company that my fiance had been working with was a victim. But he got a new job last march of this year and is paying enough. From March to December he got a total income of around $32,000. So for one year he could make almost $40,000.

On my interview i provided them His certificate/letter of employment,pay stubs for 6 months, and a letter from my fiance that explains why his income last year was so low. But the consul just looked fast on our case and decided to refuse it.

My fiance has 2 children that are partially dependent to him (not living with him) and he is supporting them. but i believe His income is enough for 4 people.

Now the embassy is giving us a chance and they said they will study more our case and we will do follow up. But i got my passport back. They did not ask for more financial evidences like bank statements, life insurance, properties, and other assets yet. My fiance could provide all that.

Im very worried.

I hope everything will be fine and will get good news next time. Im already tired of this. Everytime i go to Manila i always got bad news... This is a sad Christmas for me : :crying:

Legally it appears the income is enough to support 4 people. CO might have been in a bad mood. He will approve your visa. don't worry.

[MikelanNida 28]

First i would like to say sorry about your situation, i am triple checking my past taxes now also to be sure i am ok, i have never been married but i did manage to make 3 children in my past. They are probably going by his income for 2009 which needs to be over $27,562 according to my information for 4 people, so i would be checking into that if i were you, and like another post says, try to submit 2010 tax results if you have time,it seems he filed too soon to use 2010 as a basis of his current income, i hope this helps and please someone correct me if i am wrong. again sorry and good luck to both of you.

[ianandjan 0]

hi fem! did the CO ask you for evidence of current sustained income or any requirements to be passed within one year?

IS your fiance a self employed or an employee of the company?