K-1 Visa denied

[femy11 0]

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.

Thanks for cheering me up. I hope that they would really change their mind and approve it soon.

[ATPEACE 43]

You'll keep referring to the wrong number, it doesn't matter that he may have made $32,000, after all of his deductions what is the actual number on line 22 of the 1040 or 1040Az. THAT IS THE MAGIC NUMBER. STOP LOOKING AT THE W2 NUMBER.

Edited December 24, 2010 by ATPEACE

[coraliesolms 47]

Why not just find a co-signer?

[femy11 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?

During my pre-interview, the guy in the window asked for the I-134 form and income tax last year. I gave it together with my fiance's employment letter. When he saw the ITR he said its too low so I told him that He has a better job now and is making enough. He then asked for my fiance's pay stubs. Thats all he asked for the proof of income.

After my final interview, they did not ask anymore for more evidences to be passed within one year.

I even told them that we can provide more evidences but they refused coz as she said they already have what they need. They want us to just wait for the result.

He is an employee of a company.

[pushbrk 12,882]

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.

Consular officers tend to use the I-864 instructions in evaluating the I-134. The I-864 instructions state that all children under age 21 are counted regardless of where they live. All are counted as 1 household member each. For K visas, Consulates often are flexible, but Manila tends not to be. Nevertheless, if the stated income figures are correct, it would appear the petitioner qualifies and has a good job.

What exactly does the notice handed to the applicant by the Consular officer say?

[femy11 0]

Consular officers tend to use the I-864 instructions in evaluating the I-134. The I-864 instructions state that all children under age 21 are counted regardless of where they live. All are counted as 1 household member each. For K visas, Consulates often are flexible, but Manila tends not to be. Nevertheless, if the stated income figures are correct, it would appear the petitioner qualifies and has a good job.

What exactly does the notice handed to the applicant by the Consular officer say?

It says that they are unable to issue me an immigrant visa because i have been found ineligible under 212(a)(4) being likely to become a public charge.

[just phobulous 2]

You'll keep referring to the wrong number, it doesn't matter that he may have made $32,000, after all of his deductions what is the actual number on line 22 of the 1040 or 1040Az. THAT IS THE MAGIC NUMBER. STOP LOOKING AT THE W2 NUMBER.

Hmmmmmmm..... I am a little confused with this statement. Aren't the guidelines set up for "gross" income ?

[pushbrk 12,882]

It says that they are unable to issue me an immigrant visa because i have been found ineligible under 212(a)(4) being likely to become a public charge.

It would say more after that. Please provide the text of the rest. It either requests something more, tells you they will review further or tells you they are returning the petition to the USCIS. If you want reliable answers, provide all the pertinent information.

[femy11 0]

It would say more after that. Please provide the text of the rest. It either requests something more, tells you they will review further or tells you they are returning the petition to the USCIS. If you want reliable answers, provide all the pertinent information.

THats all it says...the consular only marked X on that (212)(a)(4)

[femy11 0]

Is the poverty guideline set up for gross or net income?

[bestofboston 36]

tell your fiancee to get a second job so there will be no question next time. That will increase his income total and that should put him over the top.

In this country, you are at poverty level with a mere income of 32,000 per year.

I make over 3 times that and live from pay check to pay check and my kids are on their own and are in their late 20's.

Of course I live in Massachusetts more commonly known as Taxachusetts, the home of the bleeding heart liberals that like to find ways to take more of my hard earned money.

Good luck.

Edited December 24, 2010 by bestofboston

[femy11 0]

tell your fiancee to get a second job so there will be no question next time. That will increase his income total and that should put him over the top.

In this country, you are at poverty level with a mere income of 32,000 per year.

I make over 3 times that and live from pay check to pay check and my kids are on their own and are in their late 20's.

Of course I live in Massachusetts more commonly known as Taxachusetts, the home of the bleeding heart liberals that like to find ways to take more of my hard earned money.

Good luck.

That amount is just the total of his income from March to December but he would make around $38,000 to $40,000 in whole year.

[dutchtx 1]

Not much to add except keep on working the issue. Best wishes.

[ATPEACE 43]

The CO is looking at it this way, since 40% of your gross income goes towards taxes, you only have 60% to live on. That 60% makes up your net inocme, so if he made $32,000, and $13,000 went towards taxes, his family of 4 only have $19,000 to live. Can the family of 4 survive on $19,000.

[pushbrk 12,882]

The CO is looking at it this way, since 40% of your gross income goes towards taxes, you only have 60% to live on. That 60% makes up your net inocme, so if he made $32,000, and $13,000 went towards taxes, his family of 4 only have $19,000 to live. Can the family of 4 survive on $19,000.

This is not how Consular officer evaluate affidavits of support. They DO use gross annual income. Current income for the employed, is stated as the gross for the upcoming calendar year at the current rate. Current income for the self-employed comes from line 22 of the most recent tax return.

There's missing information here and it's needed to provide reliable answers.

THats all it says...the consular only marked X on that (212)(a)(4)

Look further down. Read all the way through. Somewhere, it will tell you what they intend to do next.