Jump to content
BrockUK

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

 Share

28 posts in this topic

Recommended Posts

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! :thumbs:

Yeah, you definitely need to relax. :) This is a long, stressful process and it's going to be a miserable one if you spend it freaking out the entire time. You'll be fine.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

Why not self sponsor?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: K-1 Visa Country: Canada
Timeline

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!

There is a difference between disability and welfare. Social Security Disability is for workers that have become unable to physically or mentally work. It is a process to qualify and doctors back them with evidence. As a US citizen, we pay into the Social Security fund out of our wages. Welfare on the other hand is a government program for people that do not work and have no income so the government gives them a check if they find them eligible. You shouldn't have anything to worry about with her being on disability. Good luck!

Live for today because you never know what tomorrow will bring!

01/28/2010: Met on Evony online game

02/23/2011: Started dating

08/09/2011: First meeting in Canada

10/03/2011: I went to Canada for a visit

02/03/2012: I went to Canada for a visit

02/10/2012: Got engaged

02/11/2012: He was denied entry to US & sent back for more documents

02/12/2012: Denied entry again even with documents

02/13/2012: I returned home

04/21/2012: Mailed K-1 visa petition

04/24/2012: Certified mail delivery confirmation

04/27/2012: Check cashed

04/27/2012: E-mail notification of receipt of petition

04/29/2012: NOA1 received!

08/07/2012: Received e-mail notification of RFE

09/07/2012: Finally able to send back info for RFE

09/17/2012: NOA2 APPROVED!!!

waiting......

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Canada
Timeline

As others have said, SSI, Veteran's disability pension, Social security is NOT welfare.

Welfare is TANF,(temporary assistance for needy families) where the sate hands the person a check, food stamps, medicaid, rental assistance etc. It also will pay 'advanced child support' payments to single mother's. THAT is welfare.

I too live in TN and I get food stamps and CHIP medicaid for my children only because they're father doesn't contribute much to their upbringing. In order for my children to keep the CHIP that covers what my private insurance doesn't, I had to sue my ex for child support. Because he doesn't pay up regularly, they get a whole whopping $120 a month in food stamps. My case worker said to take it because my children were eligible for it, and it will not in anyway, effect my husband's immigration, because my husband is not financially responsible for children that are not biologically his.

Our I-864 was approved at NVC with absolutely no issues.

USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

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? :crying:

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...

This paragraph is simply citing an actual case where it has occurred. We can't tell if it was in regard to a K1 visa or another type. As with any set of circumstance, there are no absolutes.

I can understand your concern, but you've let this rare event overwhelm you.

There's no reason to strike this from the text. Consider it the same as all the side effect warnings listed on most medicines.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Link to comment
Share on other sites

Luckily the UK is more accepting of co-sponsors than other countries. Do you have any money saved?

Naturalization

9/9: Mailed N-400 package off

9/11: Arrived at Dallas, TX

9/17: NOA

9/19: Check cashed

9/23: Received NOA

10/7: Text from USCIS on status update: Biometrics in the mail

10/9: Received Biometrics letter

10/29: Biometrics

10/31: In-line

2/16: Text from USCIS that Baltimore has scheduled an interview...finally!!

2/24: Interview letter received

3/24: Naturalization interview

Link to comment
Share on other sites

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! :thumbs:

Just so you know, if you come to the US on a K-1 visa you and your wife will never file a I-130.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Link to comment
Share on other sites

  • 6 years later...
Filed: K-1 Visa Country: Morocco
Timeline
On 5/8/2012 at 8:12 PM, CarolAnn&Eddy said:

There is a difference between disability and welfare. Social Security Disability is for workers that have become unable to physically or mentally work. It is a process to qualify and doctors back them with evidence. As a US citizen, we pay into the Social Security fund out of our wages. Welfare on the other hand is a government program for people that do not work and have no income so the government gives them a check if they find them eligible. You shouldn't have anything to worry about with her being on disability. Good luck!

My fiance petetionner shes disabled she stoped working in 2016 from work in company 15 year she get income mor than 24 k every year she can be good for me to support in k1 ?

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Nigeria
Timeline

   I know of one case that was denied , where an older woman that had been on welfare for decades wanted to bring an unskilled young man here.  The consulate said that they couldn't overcome the public charge risk .   This was Lagos which tends to be hard on such things.  

This will not be over quickly. You will not enjoy this.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ecuador
Timeline

Thread from 2012 is now closed to further comment.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...