Manila DENIES K1 co-sponsors

[aaron2020 11,651]

Can't your mom transfer some assents on your name?

Transfer how? Temporarily to trick the US Embassy? That would be fraud.

In addition, a large transfer of assets would raise significant questions. Since the OP has just started working (presumably part time) while attending school, her income is probably quite a bit below the 125% poverty level. To use assets for the K-1 or CR-1, she will need 3x or 5x the amount she is short in meeting the 125% poverty level. That's going to be a lot of money. Large transfers to the Affidavit of Support sponsor before filing will raise questions.

Transferring assets will not work - the US Embassy is well aware of this tactic.

[Tahoma 2,292]

Sometimes the U.S. Embassy Manila allows joint sponsors for K-1ers and sometimes they don't.

> A Pinoy friend of mine was about $5000 under 125% of the poverty line, but his Filipina fiancée still got her K-1 visa. At her Embassy interview, the consular officer gave her an MNL-IV-22 (221g) because of his lack of sufficient income.

About one week after her interview, my friend sent his fiancée both an I-134 and an I-864 from his joint sponsor. He also sent the the joint sponsor's supporting documentation for those forms. She submitted them to the Embassy and she received her visa a week or two later.

My friend is a Pinoy who is in his mid-twenties, was born and raised in the Philippines, and is now a U.S. citizen who is living in the U.S. His joint sponsor is his brother. My friend was not a student at the time and he is not a college graduate. He was living at home with his mother (in the U.S.).

> I know another Pinoy guy who is in his mid-twenties and who went to his K-1 interview at the U.S. Embassy Manila and was approved despite the fact that his U.S. citizen Pinay petitioner lived at home with her parents, was a nursing student, had no job, and she had no income whatsoever. He was a college graduate in hotel management.

The Filipino pre-screener told him that the Embassy didn't allow joint sponsors for K-1's. However, the consular officer accepted the joint sponsor (her parents) and he received his visa a week later.

I've noticed that some K-1ers here on VJ have had good luck using joint sponsors at the U.S. Embassy Manila...others haven't.

The following is an email from the U.S. Embassy Manila to a fellow VJer regarding joint sponsors for K-1ers:

Date: April 24, 2009

This is in reply to your inquiry of April 24, 2009, regarding your visa concerns.

Petitioners in fiancé(e) (K1) nonimmigrant visa cases are generally expected to provide the adequacy of their own financial resources to ensure that an alien, after admission into the United States, will not become primarily dependent on the US Government for subsistence. While our immigration law does not disallow joint sponsorships for K nonimmigrant visa applicants, the mere submission of an I-134 Affidavit of Support from joint sponsors is not sufficient to establish that the alien is not likely to become a public charge. Accordingly, we make a thorough evaluation of other factors, such as the sponsor’s motives in submitting the Form I-134, the sponsor’s relationship to the applicant or petitioner, the length of time the sponsor and applicant have known each other, etc. An I-134 Affidavit of Support submitted by a casual friend or distant relative who has little or no personal knowledge of the applicant has limited value. Unlike the I-864 filed by joint sponsors in immigrant visa cases, the I-134 is not legally binding and imposes no legal obligation on the joint sponsor to make good on his or her promises. Please be assured that we look at the totality of circumstances in assessing the credibility of joint sponsorships.

For information about financial sponsorship guidelines, you may visit the U.S. Citizenship and Immigration Services (USCIS) website at http://www.uscis.gov.

Information regarding fiancé(e) and immigrant visa petitions may be found at our website at http://travel.state.gov/visa/immigrants/ty...types_1315.html or http://manila.usembassy.gov/wwwh3204.html.

Please direct future fiancé(e) and immigrant visa inquiries to this web link: http://manila.usembassy.gov/wwwh3230.html.

We hope this information is helpful to you.

Immigrant Visa Correspondence Unit

Consular Section

U.S. Embassy, Manila

1201 Roxas Boulevard

Manila, Philippines

Telephone: (632) 301-2000

Fax: (632) 301-2037

I hope this helps... good luck!

Edited June 22, 2012 by Tahoma

[Mogambi 96]

That's correct, you're wrong in saying they do not accept Co-Sponsors, but I guess it's a good wake-up call to know that they don't HAVE to.

Appeal. What do you have to lose? Somewhere posted here recently on VJ that they were denied their visa because the CO didn't believe the relationship. It seemed clear that they just got a horrible CO, in a bad mood. They appealed, had another interview with another CO and it was approved.

I think you can try that route, it can't hurt. Ask for another interview. Tell them you believe your evidence was enough, and it should have been accepted. Maybe they'll let you try again. Might be a long shot, but better than starting over.

Did they tell you WHY they didn't accept your Co-Sponsor?

[Hank_ 9,174]

I am reading if you are using a co-sponsor to have them complete the I-864 along with the I-134 for better odds of getting accepted.

[beejay 123]

Since it seems it might take some time before you can arrange a wedding in PH, I think Tahoma and Hank have the right idea, it might be time to put up a little fight with the embassy. What did the CO say to your fiancé about your co-sponsor? Did he get a 221g? What did it say? How much was your fiancé able to talk about your financial situation i.e. living in PH as peace corp volunteer, returned to US to find work, currently in school etc.? As Tahoma and Hank said have your mother fill out the I-864 as soon as possible and try and submit that to the embassy. I think it wouldn't hurt to have you fill out one as well and include your most current pay stubs.

Read Tahoma's post again, it seems to be your best bet. Use the weekend to gather everything. Is your fiancé still in Manila? Is he doing ok?

[neodragon0l 6]

I am basing this on personal experience. many Filipino applicants use friends as a co-sponsor and this is the Embassy's way of fighting back against possible fraud. However, reading Tahoma's post with the Manila Embassy's memo contradicts the denial of the OP. The OP's mother is not a casual friend or a distant relative. It's the petitioner's mother which has a stronger value or credibility than a random person off the street. I say appeal and don't give up hope. Just think of it as the one of the obstacles to your love life. You can overcome this.

Thanks Tahoma for the memo. I have been wondering all this time why the I-134 is a very short form compared to the I-864. The memo explains everything.

Edited June 22, 2012 by neodragon0l

[Messybrownhair 251]

We had a co-sponsor that they denied. Hubby back then barely made the income requirement but we got approved by giving them the reasoning that i could earn a lot as a speech pathologist.. sometimes just seeing the couple together helps!

[A and T 82]

Get married, file with a co sponsor problem solved

[Boiler 45,546]

Really?

Where?

[beckyo 0]

Since it seems it might take some time before you can arrange a wedding in PH, I think Tahoma and Hank have the right idea, it might be time to put up a little fight with the embassy. What did the CO say to your fiancé about your co-sponsor? Did he get a 221g? What did it say? How much was your fiancé able to talk about your financial situation i.e. living in PH as peace corp volunteer, returned to US to find work, currently in school etc.? As Tahoma and Hank said have your mother fill out the I-864 as soon as possible and try and submit that to the embassy. I think it wouldn't hurt to have you fill out one as well and include your most current pay stubs.

Read Tahoma's post again, it seems to be your best bet. Use the weekend to gather everything. Is your fiancé still in Manila? Is he doing ok?

Thanks everyone for advice and feedback! I appreciate it so much. My fiance was issued a form saying he needs to submit proof of current sustained income, which I don't necessarily have. I am employed, but I am not working a regular schedule since I am in school full time (I'm in kind of a contingent position where I can work whenever I'm willing and able), so I don't have recent pay stubs that would help fulfill that requirement. My fiance is a very traditional Filipino in that he won't stand up to authority. When the CO said he needed current pay stubs, my fiance said, "Oh, her mother is wiling to act as a co-sponsor, and I have her documentation here" but the CO waved the package aside and said that they do not accept co-sponsors for the K1 visa. He didn't even touch or look at the documents from my co-sponsor. My fiance then felt crushed and did not go on to tell the CO to look further at my documents, which included pay stubs up through April, my tax return, my close of service letter from Peace Corps, and a letter from me discussing that I am in school and will have great earning potential next year after graduation. I will have my mom fill out an I-864. We have both already filled out the I-134. I know some people are saying it's a good idea, some say it's bad to transfer assets to my name, but my family is willing to give me cash to increase my bank accounts if it will help...anything to ensure that the visa is not denied. The bottom line is the government wants to know he will not become a public charge. He absolutely will not. I just need to figure out how to prove that to the while my income is currently pretty low...

[beejay 123]

Thanks everyone for advice and feedback! I appreciate it so much. My fiance was issued a form saying he needs to submit proof of current sustained income, <snip> just need to figure out how to prove that to the while my income is currently pretty low...

*Sorry long post*

It sounds like you had a good pile of information at the interview. I would definitely bring that back to the embassy with the new I-864 from you and another one from your mother. Did you have a letter from your current employer stating when you started working, how many hours per week (on average) you work and that your position is permanent? If not, I would get one. If that scenario doesn't fit your position exactly then do you best to get a letter and (barring lying) present your situation in the best possible, most permanent light. Is this a place that would potentially hire you after you graduate? It might be good to incorporate that into the letter if possible/applicable. It also wouldn't hurt for them to say what a valuable employee you are and how they want to keep you around.

Messybrownhair brought up some valuable information that she was able to use her future earning potential as a beneficiary to help their case. Does your fiancé have a degree or hold certification for a skilled job that will help him find employment once here? If so, it would be a good idea to gather any documentation that might prove that. I would say show your info, his info (if applicable and if they are willing to look at it) and then your mother's. You might also think about including a letter from your mother talking about how she is supportive of your marriage and willing to support your fiancé. Again this is something they may not look at but I think it's time to get creative and bring whatever you can that will prove without a doubt that your fiancé will not become a public charge.

Hopefully you can talk to your fiancé about submitting the documents and how to be assertive without being aggressive with the CO. It might even help to go through some 'interview scenarios' over skype or whatever you use. (Run through worst case scenarios and a best case scenario, aggressive CO, disinterested CO, nice CO etc. so he can feel prepared ) I would even talk with him about what order to show the documents and emphasize the fact that they are giving you guys the opportunity to prove your case so best to do that . You haven't mentioned this but I would suggest not talking about the fact that coming to the Philippines to get married would be difficult. I would leave that completely out of your argument. (It works against you and they won't care).

I can understand the temptation to pad an account but in my opinion it is not going to help your situation and more likely will hurt it. They presumably have already seen your I-134 and will know that money is not yours and may interpret the action in a negative light. I don't want you to make your situation worse when it may not be necessary. If your mother is 'gifting' you money I think it would have to be quite a large sum of money to make a difference - I'm speculating but I think it would have to be whatever that liquid asset requirement mark is. I hope others chime in with their thoughts too but as with all parts of this process what you ultimately decide to do should be what you feel the most comfortable doing. If you do go that route and I don't know that this will make a difference but I would probably have your mother write and sign another letter stating that she has 'gifted' you the money. (If she does 'gift' a large sum of money I believe that can have tax implications for her so she should look into that before making that decision).

I wouldn't go in assuming any of this will work but I think it will be good to remember that although typically Manila doesn't accept co-sponsors for K-1s there are exceptions and I think you have a good case for being one of those exceptions. Prepare for the worst, hope for the best and have a Plan B.

Good luck!

[Tahoma 2,292]

beejay...+1.

beckyo...Here's my suggestion:

As soon as possible, have your fiancé request another interview for the purpose of submitting evidence regarding the financial charge issue, and for the reconsideration of his case. Attend the interview in order to help your fiancé make the case.

At the interview, submit:

> Your I-864 and it's supporting documents.

> A letter from your employer.

> Your mother's I-864 and it's supporting documents.

> A notarized letter from your mother expressing her support for your marriage, her commitment to financially supporting your marriage, and pointing out her good faith effort in that regard through her gifting you money.

> Your recent bank statement showing your mother's gift.

> A notarized letter from you explaining that you are a Peace Corps veteran, and a college student who is working part time, and will have a good earning potential when you graduate. Also, if you live with your mother, point out that you currently have low living expenses and you expect to have nearly the same low living expenses after you are married.

> Any documentation from your fiancé which shows his education/special skills/profession, his work/earnings history, and his current job...anything which would make him more employable in the U.S.

If another interview is not granted, then have your fiancé submit the above documents to the USEM via 2GO.

Another thing: I believe your fiancé has one year to respond to the MNL-IV-22 (221g) he received from the consular officer. If the above plan doesn't work, do you see your financial picture changing within the next year?

[adiiann 163]

I agree on attending the interview with the fiancé. Goodluck.

[beejay 123]

+1 back at you Tahoma - much more succinct than my post

Beckyo there is your battle plan

[DaRoq 36]

Thanks everyone for advice and feedback! I appreciate it so much. My fiance was issued a form saying he needs to submit proof of current sustained income, which I don't necessarily have. I am employed, but I am not working a regular schedule since I am in school full time (I'm in kind of a contingent position where I can work whenever I'm willing and able), so I don't have recent pay stubs that would help fulfill that requirement. My fiance is a very traditional Filipino in that he won't stand up to authority. When the CO said he needed current pay stubs, my fiance said, "Oh, her mother is wiling to act as a co-sponsor, and I have her documentation here" but the CO waved the package aside and said that they do not accept co-sponsors for the K1 visa. He didn't even touch or look at the documents from my co-sponsor. My fiance then felt crushed and did not go on to tell the CO to look further at my documents, which included pay stubs up through April, my tax return, my close of service letter from Peace Corps, and a letter from me discussing that I am in school and will have great earning potential next year after graduation. I will have my mom fill out an I-864. We have both already filled out the I-134. I know some people are saying it's a good idea, some say it's bad to transfer assets to my name, but my family is willing to give me cash to increase my bank accounts if it will help...anything to ensure that the visa is not denied. The bottom line is the government wants to know he will not become a public charge. He absolutely will not. I just need to figure out how to prove that to the while my income is currently pretty low...

beckyo,

As a parent of a 21 y/ o young woman, my inclination is to tell you to wait until you finish your intense nursing program and get a job that meets the requirements, then try again. At the same time, I've been young and in "love", so I know what it feels like to be apart. That being said...

I believe the maximum gift that can be given without tax implications is $13,000 per year per parent, for a maxium of $26,00 per year. The amount to be used to offset income requirement deficiencies must also have been in your account for at least a 1 year period in order to be considered.

I would just do what everbody else said and try to use future earning potential as a selling point; it just might work...

Good Luck!