K-1 Visa denied

[Maganda 1]

@pushbrk>>>>>thanks for correcting that.Such a relief when i read your reply.Got worried for a moment if CO will evaluate affidavit of support as how ATPEACE looked at it..

[ATPEACE 43]

@pushbrk>>>>>thanks for correcting that.Such a relief when i read your reply.Got worried for a moment if CO will evaluate affidavit of support as how ATPEACE looked at it..

Pushbrk, if they evaluate the 134 base on the same guidelines for the 864, then they are looking at net.

[pushbrk 12,882]

Pushbrk, if they evaluate the 134 base on the same guidelines for the 864, then they are looking at net.

Ok, I'll bite. Why would you say that? It's wrong, of course but why would you say that?

[femy11 0]

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.

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

Im trying to attach the notice they gave me but i cant...

[ATPEACE 43]

Ok, I'll bite. Why would you say that? It's wrong, of course but why would you say that?

B/C no one lives on their gross income you live on your net and I will send to you privately the FAM BR.

[Aztec&Taino 144]

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

If the fiance(e) visa is denied, then the couple can marry and file for the spouse visa (CR1) by sending in the 1-130 petition. It is also a lengthy process, and you could still get denied, but you would have more opportunity to build evidence for the case.

[Didisan 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:

ufff,...damn embassy...I am very sorry to hear that...My interview is next month and now I am under such a pressure...I don't know what to tell you,whatever I tell you,won't be enough to ease your pain or help you in some way...How much is your fiance's recent income tax? you mentioned that it was very low...

[pushbrk 12,882]

B/C no one lives on their gross income you live on your net and I will send to you privately the FAM BR.

Everybody knows that nobody lives on their gross income. Nevertheless, gross income is the qualifier. For example, people loaded with debt payments don't live on their "net income" either but debt and actual disposable income are not part of the equation unless there is an IRS tax lien involved.

This is not a debatable point. Gross income is what is being asked for and evaluated for the affidavit of support. For the self employed, don't confuse gross revenue with gross income. The figure still comes from line 22 (total income) on the 1040.

[NVC FAN :( 18]

I know what your saying about the gross and net. my and my wife went through manila embassy, at the time i was self employed satelite television installer. I know the Adjusted gross income was what they were looking for, i also had 1 son from before the marriage. although he is partially dependent on me, i just assumed they would count him as a part of the household.

I wont get in a pissing contest with anyone on here, but from what i have learned in the past its not good when they give your passport back to the beneficiary after the interview. I have heard of times when the same thing was said

" sorry your denied " but they keep the passport! and enventually i believe get approved.

I am not sure what i would do in your situation it is unique just like all others,

gl

[femy11 0]

Thanks for everyones help!

This is femy's fiance. I called the embassy twice and and asked if I could send more evidence of income, but all she said is that they had enough and would call or send us a letter requesting more if its needed. I kept asking if I could bring my new 2011 tax w2's when i file in january, and bring it there in person.I can prove I made 35,ooo last yr in the 8 months I worked on my new job. I grossed 3750.00 each month and 5000.00 on my tax refund. But all she would say is to wait and call them back in 1-2 weeks for the results of there decision.

To give everymore more info, I pay 280 for child support, 400 for house and land, I have no other bills other than lights & water. I also can get a statement from my mortgage company saying ive paid this amount for 12 yrs and never was late. I have 4 daughters from previous marriage , but one is married , the second oldest is not married but lives on her own. the youngest two live with there mother.

Next year I would surely gross 45,000 and will get a raise in april, making my gross even higher.I have estimated my total tax I have to pay is 3000.00 if I have no deductions. But I will have some that will drop it to 2500 total tax owed on federal and 5400 for total including medicare and state taxes.If Im adding right , thats 15% total tax.

Theres one thing I didnt understand when I called the embassy , they told me twice fora fam of 4 my gross had to be 32,000 a yr. Where do they get that info at? when I look at the poverty guidelines for a fam of 4 , its 27,000, a fam of 5 is 32,ooo.

So what I wanted to ask them is even if I re-file my petition for the k-1 visa , it will still show the same amount as now. I will still only gross 45-50k a yr.

Thanks again and a Merry Christmas

[pushbrk 12,882]

Thanks for everyones help!

This is femy's fiance. I called the embassy twice and and asked if I could send more evidence of income, but all she said is that they had enough and would call or send us a letter requesting more if its needed. I kept asking if I could bring my new 2011 tax w2's when i file in january, and bring it there in person.I can prove I made 35,ooo last yr in the 8 months I worked on my new job. I grossed 3750.00 each month and 5000.00 on my tax refund. But all she would say is to wait and call them back in 1-2 weeks for the results of there decision.

To give everymore more info, I pay 280 for child support, 400 for house and land, I have no other bills other than lights & water. I also can get a statement from my mortgage company saying ive paid this amount for 12 yrs and never was late. I have 4 daughters from previous marriage , but one is married , the second oldest is not married but lives on her own. the youngest two live with there mother.

Next year I would surely gross 45,000 and will get a raise in april, making my gross even higher.I have estimated my total tax I have to pay is 3000.00 if I have no deductions. But I will have some that will drop it to 2500 total tax owed on federal and 5400 for total including medicare and state taxes.If Im adding right , thats 15% total tax.

Theres one thing I didnt understand when I called the embassy , they told me twice fora fam of 4 my gross had to be 32,000 a yr. Where do they get that info at? when I look at the poverty guidelines for a fam of 4 , its 27,000, a fam of 5 is 32,ooo.

So what I wanted to ask them is even if I re-file my petition for the k-1 visa , it will still show the same amount as now. I will still only gross 45-50k a yr.

Thanks again and a Merry Christmas

Your family size would include yourself, any unmarried children under age 21 no matter where they live, plus the intending immigrant. Your payment records and credit rating are of no concern. It sounds as if there has not been a decision made yet but they are not requesting more information.

[pushbrk 12,882]

[quote name=NVC FAN ' timestamp='1293221514' post='4368754]

I know what your saying about the gross and net. my and my wife went through manila embassy, at the time i was self employed satelite television installer. I know the Adjusted gross income was what they were looking for,

They would only concern themselves with "adjusted gross income" if you filed a 1040EZ. Some people think of line 22 on a 1040 as adjusted gross income but that's not the correct term. They are looking for what the IRS refers to as "total income" on a 1040 or adjusted gross income on the EZ. When stating "current income" and "employee" would calculate their annual income based on either their salary or hourly pay. The self employed state their current income as line 22 from the most recent 1040 because nobody knows what a self employed person's income WILL BE, only what it was on the latest tax return. The title of line 22 is "total income". Don't confuse "business revenue" and "income". They are not the same thing.

[H and H 0]

Well, line 22 on 1040 is the one they will look at.

There is no way they can look at Adjusted Gross Income because people usually have complicated deductions.

For self-employment, you could deduct your mortgage payment too, and other things.

Remember that poverty guideline is your gross income which they will assume you use that income to pay for your rent (or mortgage).

Therefore, your net income can't say much. Some can get the deductions that other don't, or you don't have proofs to get those deductions.

And I am sure the CO understands it, and would look at line 22 instead of line 37.

============================

OP, may I ask where does your fiance live?

Remember if you live in Alaska or Hawaii, the poverty guidelines are different.

============================

I think the reason they didn't approve you because they looked at your fiance's 2009 income tax, which you said it was really low.

Present income is important, but last year income is also counted. That is why they asked for it.

You should have used a co-sponsor to back up for the 2009 income.

They might not like co-sponsor in Manila, but that is just your back up for 2009. So I don't think it would be a problem. Better than nothing.

[KemalTuanaYalcin 16]

If the fiance(e) visa is denied, then the couple can marry and file for the spouse visa (CR1) by sending in the 1-130 petition. It is also a lengthy process, and you could still get denied, but you would have more opportunity to build evidence for the case.

Gotcha, thank you so very much. I don't really see why my fiance and I would be denied, however I know many people going into this process think that and there are many many things that they look at. I just wanted to know what our options were and to have a secondary game plan in place. Hopefully I am worrying about a "denial" for nothing.

Thanks again for your help

[thaiv 15]

It still seems a bit odd that they would base their denial on past income when the present income is sufficient and it is expected that even more income would be gained later. It would seem like:

1. Some details are missing.

And/or

2. The present income actually is NOT enough with possibly 6 dependents involved on the I-134 (including the petitioner and beneficiary).

Then again maybe Manila is just really strict like that. This also brings another question I would like to ask: Why is Manila so strict with the financial burden part? For example, I will file in Juarez, Mexico and they not only allow a co-sponsor but sometimes just take the financial forms and not even look at them. Sometimes they only look to see if what you put on the I-134 as your gross income is sufficient.

From what I have read as long as you can prove you are currently making above 125% of the federal poverty guidelines you should be good. But, why is Manila an exception?