K1 Denied

[ryna 132]

It is not clear that the I-864 would be enforceable where it was executed for the issuance of a non-immigrant visa. It is clearly not intended or appropriate to execute such an agreement as a prerequisite to obtaining a visa that only authorizes a 90 day stay. In fact, guidelines in the adjudicators field manual dictate that it not be used for non-immigrant visas.

I wasn't sure on that point but I have read here on VJ that some consulates were asking specifically for the I-864 upfront as part of the K-1 process so it was just a thought I had.

[Confidence2011 0]

It is not clear that the I-864 would be enforceable where it was executed for the issuance of a non-immigrant visa. It is clearly not intended or appropriate to execute such an agreement as a prerequisite to obtaining a visa that only authorizes a 90 day stay. In fact, guidelines in the adjudicators field manual dictate that it not be used for non-immigrant visas.

Thank you very much, but I could not understand anything of this . Can you explain it more simply ?

[Confidence2011 0]

Now who can help and tell me what I can do? How much time should I wait till the Embassy here in Saudi forward the case to the NVC ?

What I can do?

If My fiancee engaged in a work will that help?

I really can not think well, I am losing my mind.

[san diego 407]

It will take 30-60 days until it reaches NVC. In this specific situation I would not recommend appeal as it will take longer. I would recommend one or the other:

1) Your fiancee gets job and you re-file again for K1 (I would recommend)

2) She comes to SA, you get married, and file for CR1.

I do not think there is much you can do with current petition, to be honest. I think it would be faster to re-file.

[Dave&Roza 748]

Just a thought. Maybe this CO is being very picky. You filed an I-864 when the I-134 is all that is required. Your fiancee fills out the I-134 and since her income is not enough she gets her sister as a cosponsor. It could be as simple as filing the wrong form and this CO isn't tellig you it is the wrong form that was used but instead you do not meet the income requirements. Either that or they do not accept cosponsors.

Good luck.

Dave

[Mohsin786 23]

i got 221G white slip consular told me your co-sponsor income isn't sufficient to sponsor you my co-sponsor was my sis in law she lives in different state but CO didn't Mark it he kept my passport and my all notarized statements from my sis in law my parents and two ppl statement who know us and he took our OOVOO Snap shots facebook comments and our more than 2 years E-Greeting cards and it 221G also says Additional administrative Processing

[merkin&regine 18]

yes, WE FILLED AN AFFIDAVIT OF SUPPORT MADE BY HER SISTER WHO OWNS A MEDICAL CENTER AND SHE IS A DR. AND HER INCOME IS HIGHER THAN $ 150,000 ANNUALLY.

My fiancee is waiting for her surgery, she will do it in the next Feb. after that she will go back to work.

The questions, are we able to fix this ? Are we able to do anything , specially that the Embassy said we can send them the further documents.

If i read this right, I can see that the affidavit of support from your sister has not been submitted yet? coz you said it will be next year february? I dont get it? who's having a surgery? pls rephrase so hopefully people from VJ community can help you further.

[merkin&regine 18]

The affidavit of support presented by he sister the Dr. was I-864 .

Have you tried, making her sign a notarized sworn statement that she will file I-864 as a co-sponsor in the future upon filing of you I-485? shortly after your marriage in US? I dont know if this will work but it worth the try.. Thanks...

Edited December 7, 2011 by merkin78

[Ludyous 5]

Further consideration will be given to your visa application after you obtain and present the documents listed above and/or the following: *

( please note you are welcome to submit additional information for Consular Officer's review for reconsideration of 212(a)(4) above.

THEY ARE TELLING YOU FURTHER CONSIDERATION WILL BE GIVEN. To me it looks like you still can do something about it. They didn't tell you what was exactly the problem with your in laws affidavits?

Edited December 8, 2011 by Ludyous

[ndu26 114]

The affidavit of support presented by he sister the Dr. was I-864 .

So sorry to hear about your case. Like John and Marlene said. The embassy(consulate) has the right NOT to approve the visa even if your sister-in-law earns $1 million annually why? it is NOT a REQUIREMENT under your type of visa which is K-1 to look into the I864 you sibmitted. If both of you were already married and file for IR-1/CR-1 then they MUST CONSIDER THE I-864 filed by her sisters whether ur wife ( by then) is working or not. Of course she will file her own I-864 and explain that she is not working( if that is the situation) then her family members will cosponsor with another I-864 and necessary documents.

Seems like marriage between you both and a spousal visa petition is your best bet...Dnt know what happens to this current petition and if both can be tied together. Hope you find answers

Edited December 8, 2011 by ndu26

[Rufus2012 175]

Have you tried, making her sign a notarized sworn statement that she will file I-864 as a co-sponsor in the future upon filing of you I-485? shortly after your marriage in US? I dont know if this will work but it worth the try.. Thanks...

If you have no idea whether this will work, don't offer it as advice.

[favored 31]

ill go out on an extreme here.. i think cuz ur a guy going to a female who doesnt work affects u.. and u caught a moody CO..

now, apart from submittin da co-sponsors I-134 form did u any other documents to show she really is a doctor and makes all that income.. maybe her doctor license, employer letter.. remember u said dat u tried another sister outta of state before, so dey mite not be believing this is another sister dat makes that much and why wldnt u hv started wit dis sister as a co-sponsor in da first place..

[cheerstoamerica 21]

Maybe your fiancee's sister can help. Since she owns the medical center, maybe she can hire her as a doctor's assistant or a receptionist if she doesn't have experience in the medical field. However, it would mean moving to Michigan.

Some people got approved due to the beneficiary's potential. Like if you have a college degree and a good amount of work experience, they might be convinced that you can actually do well in the US once you migrate.

And one more thing, does your fiance have enough savings? Provide them with a bank statement that shows it.

Your last resort is a spousal visa. Get married and file for one.

STAY STRONG. LOVE CONQUERS ALL.

[KittyPollitt 284]

It will take 30-60 days until it reaches NVC. In this specific situation I would not recommend appeal as it will take longer. I would recommend one or the other:

1) Your fiancee gets job and you re-file again for K1 (I would recommend)

2) She comes to SA, you get married, and file for CR1.

I do not think there is much you can do with current petition, to be honest. I think it would be faster to re-file.

30-60 days is a best case scenario. More than likely, 6 months is closer to the reality, and review for K1 denials is often a pipe dream, considering that most expire long before the review process even begins.

The options San Diego offered are your best bet. Good luck.

[Justine+David 218]

Sounds like you guys should get married and do a CR1 so that you can offer up the I-864, which is legally enforceable. Sorry this isn't exactly uncommon in the MENA region, though.