US Fianceé disabled; instant K-1 Visa denial?!

[BrockUK 26]

THINK I AM ROYALLY SCREWED!! I was just looking at the I-134F files to see what we need to fill in after the I-29F gets approved and according to the guidelines:

Not having adequate income will not usually be a problem if you have a co-sponsor, according to experiences posted on the newsgroup, as long as the co-sponsor has adequate income/assets. Be aware that the co-sponsor must have enough income/assets for both your fiance, any fiance children that will be immigrating, and his/her own household. However, that IF the US fiance has been on welfare or other government benefits for a lifetime or has no plans to work actively, the consulate can still deny the visa based on the likelihood that the foreign fiance will become a public charge. Just having a co-sponsor may not be sufficient. An actual case has been documented wherein a fiance visa was denied because the petitioning fiance was on government benefits and would not be working, even though the US fiance had two co-sponsors.

So because my fiancee is disabled and is claiming benefits from the state of TN, we will get instantly denied?! This is really not fair and is outrageous, we even have a co-sponsor! All I wanna do is to look after her. What should I do?! Should I get my fianceé to call them and explain the situation?

I did post this on my I-129F post however, I feel that this needs to be on a seperate topic because this has nothing to do with the I-129F...

[Gary and Alla 3,694]

THINK I AM ROYALLY SCREWED!! I was just looking at the I-134F files to see what we need to fill in after the I-29F gets approved and according to the guidelines:

Not having adequate income will not usually be a problem if you have a co-sponsor, according to experiences posted on the newsgroup, as long as the co-sponsor has adequate income/assets. Be aware that the co-sponsor must have enough income/assets for both your fiance, any fiance children that will be immigrating, and his/her own household. However, that IF the US fiance has been on welfare or other government benefits for a lifetime or has no plans to work actively, the consulate can still deny the visa based on the likelihood that the foreign fiance will become a public charge. Just having a co-sponsor may not be sufficient. An actual case has been documented wherein a fiance visa was denied because the petitioning fiance was on government benefits and would not be working, even though the US fiance had two co-sponsors.

So because my fiancee is disabled and is claiming benefits from the state of TN, we will get instantly denied?! This is really not fair and is outrageous, we even have a co-sponsor! All I wanna do is to look after her. What should I do?! Should I get my fianceé to call them and explain the situation?

I did post this on my I-129F post however, I feel that this needs to be on a seperate topic because this has nothing to do with the I-129F...

There are no I-134 "files" or guidelines. Typically the consulates use the I-864 guidelines. Not sure where you are looking. There can only be ONE co-sponsor for the I-134/visa. Better not use that source any more, it is not accurate.

The "government benefits" you refer to would be welfare benefits. Disability is not welfare and is acceptable income. If the disability itself is enough you do not need a co-sponsor.

What you SHOULD do is get yourself more educated on the process, which you are doing now, and be careful what you read and assume.

Edited May 8, 2012 by Gary and Alla

[BrockUK 26]

There are no I-134 "files" or guidelines. Typically the consulates use the I-864 guidelines. Not sure where you are looking. There can only be ONE co-sponsor for the I-134/visa. Better not use that source any more, it is not accurate.

The "government benefits" you refer to would be welfare benefits. Disability is not welfare and is acceptable income. If the disability itself is enough you do not need a co-sponsor.

What you SHOULD do is get yourself more educated on the process, which you are doing now, and be careful what you read and assume.

I actually read this on this website, here is the link (2nd paragraph)

http://www.visajourney.com/content/support

[RainInSpain 0]

Maybe in your case, it would be wise to consult an immigration lawyer.

[lovebirds85 12]

I don't think that this will be an issue or reason for denial.

[BrockUK 26]

I don't think that this will be an issue or reason for denial.

I hope so lovebird85, maybe I am over-reacting and there is a difference between welfare and disability. Its not like she has no intention to go to work, she cant physically go to work lol!

[Gary and Alla 3,694]

I actually read this on this website, here is the link (2nd paragraph)

http://www.visajourney.com/content/support

It is wrong

I hope so lovebird85, maybe I am over-reacting and there is a difference between welfare and disability. Its not like she has no intention to go to work, she cant physically go to work lol!

You are over reacting, there is a difference

Maybe in your case, it would be wise to consult an immigration lawyer.

For what? Exactly?

[Gary and Alla 3,694]

I actually read this on this website, here is the link (2nd paragraph)

http://www.visajourney.com/content/support

I have reported this to the administration. It is wrong. There can be ONLY one co-spomsor for an I-134 (you can have more than one for an I-864 but you do not use that form for a visa) and they need to specify what they mean by "government benefits"

I apologixe for this misleading information but that is why we have public forums.

[lovebirds85 12]

It may be an issue for someone who is unemployed for a long period of time /living on welfare/ in her case she is not able to work due to her health condition - I think that there is a huge different between an enemployed person /lazy, or unable to find a job for a long time/ and a disabled person. I know it is normal to panic for such a thing (as you want to be with her sooner) but hey ... everything is gonna be alright

[Gary and Alla 3,694]

I actually read this on this website, here is the link (2nd paragraph)

http://www.visajourney.com/content/support

And to be more precise, an applicant for a visa can present as many co-sponsors as they wish but only ONE will be used. There is no provision for providing more than one. That said, IF either of the co-sponsors in this case were actually qualified the visa would still be approved. The statement you read is misleading and incomplete, I have requested it be changed. Also the consulate has the ultimate decision on whether they ACCEPT any of the evidence. To take an isolated case with no details and use it as an example in a "guide" is irresponsible and inexcusable.

There is no prohibition on a US citizen receiving welfare benefits and at no point does a US citizen ever surrender any rights or privileges in this process. A person even on welfare can get their fiancee sponsoired with a QUALIFIED co-sponsor.

I have no idea how such nonsense as this appeared on this website.

Edited May 8, 2012 by Gary and Alla

[BrockUK 26]

It is wrong

You are over reacting, there is a difference

For what? Exactly?

I appreciate your assistance here, so if it is wrong can we get the moderators to either edit or remove that to avoid any unneccesary anxiety for future couples in the same situation?

You are right, I do need to understand more about the US definition of welfare, but it does say other government benefits, so surely disability benefits would be under that? I will get my fianceé to call them today to see if they can give us an understanding of this. When I do, I will post it back so the support page can be updated...

Thank again guys, really appreicate your help!

[sabi 148]

There is nothing worse than stress and panic. File your petition first, then if you have a co sponsor who meets the income requirements just bring all the evidence for your interview and you should be fine. If there is something missing then you can worry or best try to supply them with what's missing... You didn't even send the petition and you are already panicking, I can tell you one thing, it's not good for your health or the process that's ahead of you... Just read the guide and follow the steps and you'll be fine!

[BrockUK 26]

I have reported this to the administration. It is wrong. There can be ONLY one co-spomsor for an I-134 (you can have more than one for an I-864 but you do not use that form for a visa) and they need to specify what they mean by "government benefits"

I apologixe for this misleading information but that is why we have public forums.

LOL just saw this after posting my previous comment. Thank you for updating this, and I do appreciate that this is such a small aspect of the larger things on this website! But thank you I appreciate it, you cant blame me for reacting as I did lol!

[BrockUK 26]

There is nothing worse than stress and panic. File your petition first, then if you have a co sponsor who meets the income requirements just bring all the evidence for your interview and you should be fine. If there is something missing then you can worry or best try to supply them with what's missing... You didn't even send the petition and you are already panicking, I can tell you one thing, it's not good for your health or the process that's ahead of you... Just read the guide and follow the steps and you'll be fine!

LOL sibi777 you know me too well! You are right, just concentrate on the I-129F and then worry about the I-130 and over forms afterwards! Thanks dude!

[sabi 148]

I know the process is a bit overwhelming and it's a lot of information to take at once but we've all been there I'm the beneficiary myself and I was the one putting everything together , as I knew that if my fiancé did it , we would be missing a lot of documents so I know how hard it is , specially that we are not in the USA and we have no idea most of the time how the system works. So my advice: read as much as you can and ask questions, we are here to help you