K-1 Visa denied

[H and H 0]

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?

Well because of high percentage of marriage fraud for immigration purpose in Asia....

[Tahoma 2,292]

@ femy11...

> What is your petitioner's household size in terms of a K-1 petition?

Your petitioner's household size is still a question in my mind. I potentially count five household members: the petitioner, the beneficiary, and three unmarried children under 21. Is this correct?

If this is correct, for a household of five, in the lower 48 states, your petitioner would need an annual gross income of $32,237 in order to meet 125% of the poverty guideline.

> What state does your petitioner live in?

If he lives in Alaska or Hawaii, then he will need to exceed 125% of the higher poverty guidelines for those states. For example, in Alaska your petitioner would need an annual gross income of $40,312 for a household of five in order to meet 125% of the poverty guideline for that state. Your petitioner's annualized gross income exceeds the amount needed for living in Alaska.

> Were the six months of paycheck stubs that you submitted to the pre-screener dated from approximately June 2010 through December 2010, or did you submit six months of paycheck stubs from 2009?

You did not say whether you submitted current paycheck stubs. If you did not submit current paycheck stubs, the consular officer may be judging your case based upon the petitioner's 2009 income tax return and his outdated paycheck stubs.

> If your petitioner has a household of five, and if you submitted current paycheck stubs, and if his annualized gross income is $45,000 (12 x $3750), then I believe that your petitioner's income should have qualified.

My guess at what went wrong is that the consular officer did not look carefully at the current paycheck stubs and the employer's letter. Instead, the CO focused on the petitioner's 2009 income tax return. They sometimes make mistakes.

Maybe a letter or an email to the Embassy would help to clear up this matter.

[John+Lourdelie 28]

Go here for the poverty guidelines

http://travel.state.gov/visa/laws/telegrams/telegrams_4437.html

They are for 2009 but as I understand they are the same for 2010.

John

[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

I also wondered if anyone else has every used a lawyer to help with a denial of this type?

I really think going to the embassy in person as her fiance would help and bring the new 2011 W2 in hand. Im the kind of person who likes to meet struggles head on , like a bulldog. But it seems that the more aggressive I get, the more stubborn they get. Are they so stubborn that a fam of 3 making 45k a yr cant support one more person? Im sry to rant on , but ive gotten very frustrated

[femy11 0]

@ femy11...

> What is your petitioner's household size in terms of a K-1 petition?

Your petitioner's household size is still a question in my mind. I potentially count five household members: the petitioner, the beneficiary, and three unmarried children under 21. Is this correct?

If this is correct, for a household of five, in the lower 48 states, your petitioner would need an annual gross income of $32,237 in order to meet 125% of the poverty guideline.

> What state does your petitioner live in?

If he lives in Alaska or Hawaii, then he will need to exceed 125% of the higher poverty guidelines for those states. For example, in Alaska your petitioner would need an annual gross income of $40,312 for a household of five in order to meet 125% of the poverty guideline for that state. Your petitioner's annualized gross income exceeds the amount needed for living in Alaska.

> Were the six months of paycheck stubs that you submitted to the pre-screener dated from approximately June 2010 through December 2010, or did you submit six months of paycheck stubs from 2009?

You did not say whether you submitted current paycheck stubs. If you did not submit current paycheck stubs, the consular officer may be judging your case based upon the petitioner's 2009 income tax return and his outdated paycheck stubs.

> If your petitioner has a household of five, and if you submitted current paycheck stubs, and if his annualized gross income is $45,000 (12 x $3750), then I believe that your petitioner's income should have qualified.

My guess at what went wrong is that the consular officer did not look carefully at the current paycheck stubs and the employer's letter. Instead, the CO focused on the petitioner's 2009 income tax return. They sometimes make mistakes.

Maybe a letter or an email to the Embassy would help to clear up this matter.

I live in Mississippi, but I still make above the national average. I sent her only one or two paystubbs from each month of 2010 that I worked. I really thought the last paystubb was the only one that really mattered,coz it shows the amount I made thru the yr and it shows also how much i make per hr and the hrs I worked. That may be one of the factors of the denial. But I think the consulate just glanced at the 2009 tax return , seen it was way to low and he made his mind up then. I did send a letter from me saying the reasons for this low income and that I have a permenant job now with very good income. Me and Femy pray and hope they will actually look over this petition closer, they are determining peoples lives with there decisions.

I earlier told everyone one of my good credit, so if they would use common sense and see if I was never on public assistance, then she would never be a "PUBLIC CHARGE"

[thaiv 15]

This situation really concerns me. If you are currently making above the federal poverty guidelines, they shouldn't deny you. I would think they would at least consider the present economy. Also do they consider that some people were full time students, or did missionary work, or other things that would show very low income on previous tax returns? The whole situation seems kind of unreal to me. Is this possibly just a Manila thing or did you have a careless CO? Something just does not seem right. In addition according to the I 864 you can right a letter to explain why you did not need to file. Can you not also write a letter to explain and unusually low year of income that would not be typical in the future?

[Tahoma 2,292]

Seriously, I am as surprised as you are that your fiancée was not approved for a visa. I have seen some pretty shaky incomes qualify at the U.S. Embassy in Manila. Your annualized current sustained income of $45,000 for a household size of five should have easily qualified you.

If I were in your shoes, I would approach this issue from the standpoint that the consular officer may have overlooked the evidence that was presented at the interview. I would send in the same evidence again...and more.

I would submit another letter to the Embassy detailing your current financial position. I would emphasize your 2010 income, and I would back it up with copies of every pay stub from 2010 and an updated letter from your employer.

In your letter, I would also point out to them the 125% poverty guideline of $32,237 for a household of five versus your current sustained income of $45,000.

I would list any assets regardless of whether they are liquid assets or not. Include documentation of ownership for the assets. I would also include a copy of your credit report.

Also, lay out your expenses and include proof. This may help show them a better picture of your ability to support your fiancée.

I would ask them for a specific reason, given your current financial picture, why they think your fiancée would become a public charge.

The icing on the cake would be for you to deliver the entire packet to Window 17 of the Immigrant Unit in person. You need to accomplish this as soon as possible because the consular officer will be making up his mind very soon. I would submit your new evidence within the next week.

[Tahoma 2,292]

I also suggest that you submit an I-864 from a cosponsor. This strategy worked at the U.S. Embassy Manila this past summer for a friend of mine. Rather than submit a cosponsor's I-134, he submitted the more legally binding I-864 (including its accompanying documents). He and his fiancée are now happily married and living here in Washington state.

[George & Gina 29]

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...

What exactly is the point of "damning" the embassy? They're following the rules they are given and the rules are there for a reason.

If you follow the guides here on VJ and have all of the proper evidence that is required, along with your sponsor having the required income level, then you should do fine at the interview.

Don't stress over what you can't control. If you can control it (gathering evidence, studying the requirements, etc.), then do something about it!

George

[femy11 0]

What exactly is the point of "damning" the embassy? They're following the rules they are given and the rules are there for a reason.

If you follow the guides here on VJ and have all of the proper evidence that is required, along with your sponsor having the required income level, then you should do fine at the interview.

Don't stress over what you can't control. If you can control it (gathering evidence, studying the requirements, etc.), then do something about it!

George

yes, I agree George, there should be rules and there should be a bit of common sense, wouldnt hurt either. but we had the evidence there at the interview. If the Blood sucking IRS can use paystubbs as evidence of income , why cant they do the same. To me , I think this consulate was having bad day or something that day.

[femy11 0]

Seriously, I am as surprised as you are that your fiancée was not approved for a visa. I have seen some pretty shaky incomes qualify at the U.S. Embassy in Manila. Your annualized current sustained income of $45,000 for a household size of five should have easily qualified you.

If I were in your shoes, I would approach this issue from the standpoint that the consular officer may have overlooked the evidence that was presented at the interview. I would send in the same evidence again...and more.

I would submit another letter to the Embassy detailing your current financial position. I would emphasize your 2010 income, and I would back it up with copies of every pay stub from 2010 and an updated letter from your employer.

In your letter, I would also point out to them the 125% poverty guideline of $32,237 for a household of five versus your current sustained income of $45,000.

I would list any assets regardless of whether they are liquid assets or not. Include documentation of ownership for the assets. I would also include a copy of your credit report.

Also, lay out your expenses and include proof. This may help show them a better picture of your ability to support your fiancée.

I would ask them for a specific reason, given your current financial picture, why they think your fiancée would become a public charge.

The icing on the cake would be for you to deliver the entire packet to Window 17 of the Immigrant Unit in person. You need to accomplish this as soon as possible because the consular officer will be making up his mind very soon. I would submit your new evidence within the next week.

The woman in the window was getting upset of us keep asking what they need for evidences

[Didisan 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.

what is this document that you are looking at,line 22 on 1040?

[Didisan 0]

What exactly is the point of "damning" the embassy? They're following the rules they are given and the rules are there for a reason.

If you follow the guides here on VJ and have all of the proper evidence that is required, along with your sponsor having the required income level, then you should do fine at the interview.

Don't stress over what you can't control. If you can control it (gathering evidence, studying the requirements, etc.), then do something about it!

George

because as i can see you are happily married but others are struggling through some nonsense and cannot be together! And why? Why somebody not matter who it is has to pay for the consular having bad day or whatever?

[Didisan 0]

yes, I agree George, there should be rules and there should be a bit of common sense, wouldnt hurt either. but we had the evidence there at the interview. If the Blood sucking IRS can use paystubbs as evidence of income , why cant they do the same. To me , I think this consulate was having bad day or something that day.

Yes, you are right... as I said before,I don't see why you have to pay the price for somebody having a bad day or whatever...They should examine all the papers very carefully and then to make a decision because they are dealing with people's lives. What is your fiance tax return income for 2009? Did you submit enough evidence of relationship at the interview? Once again, I really hope you both guys will have luck in the future!

[George & Gina 29]

because as i can see you are happily married but others are struggling through some nonsense and cannot be together! And why? Why somebody not matter who it is has to pay for the consular having bad day or whatever?

FYI, my wife is still in the Philippines waiting on the I-130 petition approval, etc. I do understand your frustration and pain.

Like others here, I'm guessing that the CO overlooked the evidence of the OP's current income. I'd suggest resubmitting all pay stubs for the year and possibly an employment letter from the current emplyer. See the example here:

http://www.visajourn...ployment_Letter

The time of the year makes it somewhat awkward and inconvenient to submit the income documentation they require in the form they normally prefer (tax transcripts, etc.) I know if I had to wait for 2010 taxes it'd probably be at least April or May until I could have them available. I'll be lucky if my W-2s and 1099s are available by late February.

Good luck and I sincerely hope you get approved soon.

George