K-1 Visa denied

[militarygf 0]

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.

hi Sheenaspapi, ur reply caught me off beat, so pls pardon me in asking for further clarification pls. In one of my previous posts, I asked what the legal age for a child is to be considered independent. My fiance has a 17 yr old daughter who does not live with him, whom he sends allowance for (not exactly a child support, since the amount is not court-ordered; more like mutual agreement between the ex and fiance). The answer that i got from the majority is that a child is considered fully dependent if she is below 21 years old, whether or not the child is living with him; thus fiance's income should be able to provide for a household of 3 (which would include me and the daughter).

I may have misunderstood the connection between Fem's post and mine, any clarification would be highly appreciated.

Im sorry for the difficulty you are experiencing right now. But do keep your hopes up, as you still have options as the other members suggested. Good Luck, and try to have a good holiday season. The new year may bring in better chance for you, dont despair in your journey just yet.

[pushbrk 12,882]

hi Sheenaspapi, ur reply caught me off beat, so pls pardon me in asking for further clarification pls. In one of my previous posts, I asked what the legal age for a child is to be considered independent. My fiance has a 17 yr old daughter who does not live with him, whom he sends allowance for (not exactly a child support, since the amount is not court-ordered; more like mutual agreement between the ex and fiance). The answer that i got from the majority is that a child is considered fully dependent if she is below 21 years old, whether or not the child is living with him; thus fiance's income should be able to provide for a household of 3 (which would include me and the daughter).

I may have misunderstood the connection between Fem's post and mine, any clarification would be highly appreciated.

Im sorry for the difficulty you are experiencing right now. But do keep your hopes up, as you still have options as the other members suggested. Good Luck, and try to have a good holiday season. The new year may bring in better chance for you, dont despair in your journey just yet.

See bold above. Not sure if anybody else posted that information except me but it is pretty accurate in meaning though the words have changed. Here's some clarification.

On the I-134 and it's instructions, there is no explanation of how to fill out the dependent section. However, whomever is listed will be counted in the household as 1 person, not any half persons. Consular officers follow the guidelines in the I-864 instructions for the most part and definitely do so in Manila. The I-864 instructions state....

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or FormI-864 EZ affidavit of support whom you are still obligated to support. If necessary to meet the income requirements to be asponsor, you may include additional relatives (adult children,parents, or siblings) as part of your household size as long as they have the same principle residence as you and promise touse their income and resources in support of the intending immigrant(s).

...so that's where the issue of children under 21 comes in. The instructions do not clearly state that "all children under 21 are counted" but it does state "all dependent children under 21" and the "no matter where they live" applies to all the potential folks listed. Obviously, married child would not be counted but with rare exception, single ones are because even if they live with the other parent today, that could change tomorrow for multiple reasons, including death of the other parent. It doesn't matter whether the parent is contributing to their support currently, court ordered or not.

If you fill out an affidavit that doesn't count a child living with another parent, then the CO asks how many children the petitioner has and their ages, they are likely to compare your answers with the answers on the affidavit of support submitted. If they are not the same, the higher number will be used in evaluating the affidavit. "Totality of circumstances" is to rule the day.

[Tahoma 2,292]

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

The fact that the woman at the window was getting upset with your inquiries is irrelevant. The clerks are not responsible for analyzing your case nor second-guessing the consular officer. You are responsible for making your own best financial case, which could include addressing the issue of evidence overlooked by the consular officer. I hope you do so as soon as possible, and I wish you the best of luck.

[militarygf 0]

See bold above. Not sure if anybody else posted that information except me but it is pretty accurate in meaning though the words have changed. Here's some clarification.

On the I-134 and it's instructions, there is no explanation of how to fill out the dependent section. However, whomever is listed will be counted in the household as 1 person, not any half persons. Consular officers follow the guidelines in the I-864 instructions for the most part and definitely do so in Manila. The I-864 instructions state....

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or FormI-864 EZ affidavit of support whom you are still obligated to support. If necessary to meet the income requirements to be asponsor, you may include additional relatives (adult children,parents, or siblings) as part of your household size as long as they have the same principle residence as you and promise touse their income and resources in support of the intending immigrant(s).

...so that's where the issue of children under 21 comes in. The instructions do not clearly state that "all children under 21 are counted" but it does state "all dependent children under 21" and the "no matter where they live" applies to all the potential folks listed. Obviously, married child would not be counted but with rare exception, single ones are because even if they live with the other parent today, that could change tomorrow for multiple reasons, including death of the other parent. It doesn't matter whether the parent is contributing to their support currently, court ordered or not.

If you fill out an affidavit that doesn't count a child living with another parent, then the CO asks how many children the petitioner has and their ages, they are likely to compare your answers with the answers on the affidavit of support submitted. If they are not the same, the higher number will be used in evaluating the affidavit. "Totality of circumstances" is to rule the day.

Thank you for the heads up pushbrk! I was pretty confident with the age factor after verifying from the instructions of I-134 and I-184, as suggested by the other VJ members when I posted my thread. Legal documents can indeed be confusing, and may be interpreted in different ways, and your comparison of the 2 instructions helped a lot, thanks.

I'll be following the thread in case the question of taxes of Femy's fiance (gross vs net) gets cleared up and forum members arrive to a consensus of the lot.

good luck Femy!

[pushbrk 12,882]

Thank you for the heads up pushbrk! I was pretty confident with the age factor after verifying from the instructions of I-134 and I-184, as suggested by the other VJ members when I posted my thread. Legal documents can indeed be confusing, and may be interpreted in different ways, and your comparison of the 2 instructions helped a lot, thanks.

I'll be following the thread in case the question of taxes of Femy's fiance (gross vs net) gets cleared up and forum members arrive to a consensus of the lot.

good luck Femy!

While I doubt any consensus would be wrong in this case, any consensus that comes down on the net income side of things will simply be wrong. Bear in mind that the Consular officer is to consider the totality of circumstances and while that can certainly include anything they want including whatever they think the actual "net income" might be, the forms don't have a place to enter net income and the guidelines are purely based on gross income. (Adjusted Gross when evaluating a tax return filed on a 1040EZ form, but adjustments are generally minor.)

Common sense tells us that the best evaluation would include a full financial statement including other cash flow issues like debts, rent, how big the mortgage payment is, and/or consideration for owning a home free and clear, etc. But, since none of this information is asked for, it's not available for consideration.

Obviously, the 55 year old with a free and clear house and no debts is a lot better equipped to support a household of two on $17,000 a year than the 25 year old paying rent and a car payment making $20,000 is but guess you qualifies and who doesn't and why. Gross income is the qualifier. Count on it. It ain't MY first rodeo.

[kitty25 0]

hello fem!!!im sorry to hear that..u know wat, my fiance is also low income tax return, but the consule,who interview by me requested a EVIDENCE CURRENT SUSTAINED INCOME..and then i wait to call my name at window 16 then the guy gave me a letter with stating that submit a evidence current income, and also my passport and a form that i fill up 2go to deliver my visa.. I submit the paystubs and emplyoyment letter dec 16..and now im still waiting, hoping and praying to approve my visa..

fem did u fill up the 2go to deliver ur visa or only passport?? if not call them evry week and ask wat will u do? i felt that also but dont give up fem..just pray and god wil help you..

[femy11 0]

hello fem!!!im sorry to hear that..u know wat, my fiance is also low income tax return, but the consule,who interview by me requested a EVIDENCE CURRENT SUSTAINED INCOME..and then i wait to call my name at window 16 then the guy gave me a letter with stating that submit a evidence current income, and also my passport and a form that i fill up 2go to deliver my visa.. I submit the paystubs and emplyoyment letter dec 16..and now im still waiting, hoping and praying to approve my visa..

fem did u fill up the 2go to deliver ur visa or only passport?? if not call them evry week and ask wat will u do? i felt that also but dont give up fem..just pray and god wil help you..

So they also returned your passport to you? I guess we are in the same situation it is just during my interview i have gave them the proofs of income and they did not require any more proofs. We can give them another evidences tho like letter from the bank, life insurance, and proof of his properties. But they never asked for it, they told us to just wait for the result of review.

Yes i also filled up the 2GO form. We do follow up our case every week but sad coz theres still no feedback.

When was your interview? and is your fiance's income tax return last year also below poverty line? How is your fiance's current income and how many is his dependent/s?

[kitty25 0]

fem my interview last dec. 8..i submit the evidence current income which is paystubs and emplyment letter dec. 16 and then they recieved it dec 20.. i called embassy my documents is under reviewed and the girl say call again january 3.. and also i already submited the passport with documents...

so fem u mean ur passport is still ur hand??? the embassy need ur passport so if they approved ur visa..

[kitty25 0]

fem me and my fiance only..he dont have any children.. but his salary increased starting november so he's above poverty..i wish they approved my visa... we just pray fem..god wil help us and never fails...dont give up friend!!!

[femy11 0]

fem me and my fiance only..he dont have any children.. but his salary increased starting november so he's above poverty..i wish they approved my visa... we just pray fem..god wil help us and never fails...dont give up friend!!!

I see... maybe when i call the embassy and if there is already a result, they will ask for my passport. Weve been calling the embassy also and they told us to call back next week. Hope we can finally hear a good news next week.

[chenglai 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

hi there im che im on the same situationof your fiance but sad thing is me and my fiance couldnt get into te line of the embassy its always busy.what number did you use when calling the us embassy in manila there in the US \so that we will know where to stand now.thanks you so much hope we will all be approve.

[chenglai 0]

fem my interview last dec. 8..i submit the evidence current income which is paystubs and emplyment letter dec. 16 and then they recieved it dec 20.. i called embassy my documents is under reviewed and the girl say call again january 3.. and also i already submited the passport with documents...

so fem u mean ur passport is still ur hand??? the embassy need ur passport so if they approved ur visa..

hi there im che same situation with you guys.me too i submitted the documents they requested but didnt include my passport as what instructed on their website to submit until told to do so.i would like to ask what number did you use to call?Im from cebu i really cant connect i used this number the operator gave me.301-2000extension number 5184 or 5185.what time did you usually call?thanks hope we all got approve my medical will expire on january 29.hope we all be approve.

[femy11 0]

hi there im che same situation with you guys.me too i submitted the documents they requested but didnt include my passport as what instructed on their website to submit until told to do so.i would like to ask what number did you use to call?Im from cebu i really cant connect i used this number the operator gave me.301-2000extension number 5184 or 5185.what time did you usually call?thanks hope we all got approve my medical will expire on january 29.hope we all be approve.

I am also using that number (02) 301-2000. Its really like that, always busy but just be persistent. I forgot the number which my fiance is using, ill ask him tomorrow.

Good luck to us...

[Maganda 1]

hello femy and chenglai.Just want you to know that Kitty has been approved.So you will have yours too..Godbless to both of you.I feel you both..

[femy11 0]

hello femy and chenglai.Just want you to know that Kitty has been approved.So you will have yours too..Godbless to both of you.I feel you both..

My fiance just called the embassy this afternoon and I am approved! yehey!!! Thanks God!

I AM NOW APPROVED!

My fiance just called the embassy this afternoon and I am approved! yehey!!! Thanks God!

I AM NOW APPROVED!