K1 visa rejected, have 90 days to show proof, affidavit, both of us are unemployed, what to do?

[Moomin 292]

she has investments for 20000(she can have them in late January) and liquids for 10000. Her part time job is at her university and it's some kind of scholarship, it pays her tuition fee. Previous to this part time job she worked more than 3 years, some of them abroad.

Do you think that the current co-sponsor is not enough (it's her mother and they have savings for more than 50000, a big house, no mortgage, and a stable job as an accountant)?

They didn't even ask me the bank statement of the current co-sponsor and neither the co-sponsor's employer letter.

They wouldn't be needing proof if

a - the income requirement on i134 wasn't met at all.

b - the primary sponsor didn't submit the i-134 and/or supporting evidence.

c - the assets used on I-134 are considered something that cannit be turned into cash within 12 months.

d - the assets didn't cover the lack of income. For a cosponsor, you'll multiply the amount with 5, for a primary sponsor, you multiply with 3.

When the co-sponsor is unemployed(and you) there is the risk of the government never getting a dime back IF the immigrant were to collect means tested benefits. I'd probably suggest a different co-sponsor with a current job and income 125% over the minium income requirement. ANd then getting yourself a job because you will always be considered the primary sponsor, and you're the one supporting her on a daily basis. It won't look bad for AOS either.

[NYYankees355 11]

ok, so for income you mean her salary?a full time job?

Because my fiancee has a part time job and bonds and some other money.

Isn't it enough to have $18,912 in the bank account? Or you absolutely have to have a full time job?

P.s.: tomorrow I will try to complete the timeline, I have to get back home

OK, what ever she makes(assuming she is the one immigrating to the USA) doesnt matter, it depends on him(American).

He has to make = to 18,912 usd per year.

OR whatever he doesnt make, he can use assets but it has to equal 3X the amount so if he only makes 8,912 per year(or she does as a co sponsor), then you would need 3X the amount = to 30,000usd in assets.

i.e. money in the bank, stocks, bonds, etc.

Edited November 15, 2012 by NYYankees355

[HawaiianCecil 31]

I'm trying to understand this sentence. Are you saying that your fiancee herself did NOT file the I-134? That you only had one I-134 and that was the mother's? If so, I believe that is your problem: your fiancee HAS to file the I-134 regardless of her income and regardless of whether there is a co-sponsor. Then in addition to your fiancee's paperwork, her mother must also file the I-134 as a co-sponsor, with all HER supporting documentation.

I'm preparing for this stage myself, so someone please correct me if I'm wrong on the above. But I'm almost positive that the fiancee (petitioner) must file an I-134 regardless of cosponsorship.

That is exactly how I read it as well. Seems pretty clear that Petitioner decided not to submit the I-134 at all. Huge mistake!

[himher 634]

3x the amount applies to a spouse I believe, not a fiance.

I am also not sure that a fiance can even get a co-sponsor like a spouse can. I do not recall any instructions for a co-sponsor on the I-134 nor do I recall the option for a co-sponsor during our K3 adventure.

OK, what ever she makes(assuming she is the one immigrating to the USA) doesnt matter, it depends on him(American).

He has to make = to 18,912 usd per year.

OR whatever he doesnt make, he can use assets but it has to equal 3X the amount so if he only makes 8,912 per year(or she does as a co sponsor), then you would need 3X the amount = to 30,000usd in assets.

i.e. money in the bank, stocks, bonds, etc.

[Andy and Pui 16]

Does Italy accept co-sponsors on k1? I know some countries do not or hardly ever like Thailand or the Philippines. Well I know the Phllippines will accept a co-sponsor is a recent college graduate.

[Cathi 5,795]

she has investments for 20000(she can have them in late January) and liquids for 10000. Her part time job is at her university and it's some kind of scholarship, it pays her tuition fee. Previous to this part time job she worked more than 3 years, some of them abroad.

Do you think that the current co-sponsor is not enough (it's her mother and they have savings for more than 50000, a big house, no mortgage, and a stable job as an accountant)?

They didn't even ask me the bank statement of the current co-sponsor and neither the co-sponsor's employer letter.

you AND your fiance need to seriously study the guides here for affidavit of support for the k1. You and you fiance were obviously VERY unprepared for that interview. Once your fiance cam meet the requirements then you can refile. http://www.visajourney.com/content/k1guide

[bigdog 377]

you AND your fiance need to seriously study the guides here for affidavit of support for the k1. You and you fiance were obviously VERY unprepared for that interview. Once your fiance cam meet the requirements then you can refile. http://www.visajourn...content/k1guide

[lurido 0]

What is her annual income (I mean mother)?

a little more than 100.000 (both parents)

What supporting documents did she provide with her i-134. Although, he is unemployed, he still completes the forms. Did they provide tax returns for 3 years, employment letter, W-2's, payroll stubs, bank statements, and proof of other assets they wanted to be considered?

Your co-sponsor can be another family member.

I told them I had all these documents, they didn't even want to take a peek

What is the mother's income and how many people is she supporting if you include yourself?

the parents make a little more than 100.000 there are 5 family members including the parents and me

I'm trying to understand this sentence. Are you saying that your fiancee herself did NOT file the I-134? That you only had one I-134 and that was the mother's? If so, I believe that is your problem: your fiancee HAS to file the I-134 regardless of her income and regardless of whether there is a co-sponsor. Then in addition to your fiancee's paperwork, her mother must also file the I-134 as a co-sponsor, with all HER supporting documentation.

I'm preparing for this stage myself, so someone please correct me if I'm wrong on the above. But I'm almost positive that the fiancee (petitioner) must file an I-134 regardless of cosponsorship.

you are right. Huge huge mistake. Only the mother filed the I-134. Huge mistake.

[lurido 0]

They wouldn't be needing proof if

a - the income requirement on i134 wasn't met at all.

b - the primary sponsor didn't submit the i-134 and/or supporting evidence.

c - the assets used on I-134 are considered something that cannit be turned into cash within 12 months.

d - the assets didn't cover the lack of income. For a cosponsor, you'll multiply the amount with 5, for a primary sponsor, you multiply with 3.

When the co-sponsor is unemployed(and you) there is the risk of the government never getting a dime back IF the immigrant were to collect means tested benefits. I'd probably suggest a different co-sponsor with a current job and income 125% over the minium income requirement. ANd then getting yourself a job because you will always be considered the primary sponsor, and you're the one supporting her on a daily basis. It won't look bad for AOS either.

a we where totally unaware she and not anyone else had to file the I134. Huge mistake

b right she didn't submit but they didn't even take a look at the supporting evidence.

c she can turn the investment into cash in 12 months, definetely

d I don't understand this part: "you'll multiply the amount with 5, for a primary sponsor, you multiply with 3". Are you saying that the 20000 investment (my fiancee) is not worth 20.000 but a third of it? And any of her parent's investment is worth 1/5?

My girfriend is the petitioner and I am her Italian boyfriend. She already has a part time job and she is studying, definitely she can't have a full time job now.

Edited November 15, 2012 by lurido

[lurido 0]

OK, what ever she makes(assuming she is the one immigrating to the USA) doesnt matter, it depends on him(American).

He has to make = to 18,912 usd per year.

OR whatever he doesnt make, he can use assets but it has to equal 3X the amount so if he only makes 8,912 per year(or she does as a co sponsor), then you would need 3X the amount = to 30,000usd in assets.

i.e. money in the bank, stocks, bonds, etc.

Ok I think I understand, so: she has a part time job + in the bank she has 11.000 and 20.000 invested. It's still not enough, I guess, unless a co-sponsor is acceppted

[lurido 0]

you AND your fiance need to seriously study the guides here for affidavit of support for the k1. You and you fiance were obviously VERY unprepared for that interview. Once your fiance cam meet the requirements then you can refile. http://www.visajourney.com/content/k1guide

thank you, I read them AFTER the interview.

What surprised me was the fact the interviewer didn't tell me what I need to do. She just kicked me out and said I have 90 days to do something, what I don't know, I sent the consulate an email. I hope to have answers.

[Artisan 138]

thank you, I read them AFTER the interview.

What surprised me was the fact the interviewer didn't tell me what I need to do. She just kicked me out and said I have 90 days to do something, what I don't know, I sent the consulate an email. I hope to have answers.

First I would have your fiance send you a new I-384 filled out with HER information concerning her salary and investments. Also have her include a new I-384 for her co-sponsor. Not every US Embassy will accept a co-sponsor for a fiance though. Be sure to include all the documentation for both your fiance and her mother.

If they reject the application again your only recourse is likely to get married overseas and have her apply for a CR-1. She would then need to submit an I-864 and either an I-864a (if she lives with her mother) or a separate I-864 (if your fiance does not live with her mother). I have never heard of a co-sponsor not being accepted for a CR-1 but I often hear of them being rejected for K-1 visa applications.

[Dave&Roza 748]

.

What surprised me was the fact the interviewer didn't tell me what I need to do. She just kicked me out and said I have 90 days to do something, what I don't know, I sent the consulate an email. I hope to have answers.

During this process it is up to YOU to understand what needs to be done. YOU are asking the government for this consideration so it is up to YOU to prove you qualify for this benefit. The IO saw that you and your finacee did not follow the instructons. It is not their job to help you. That becomes very clear if you have ever had the "pleasure" of calling the USCIS--we don't call it the misinformation line for nothing. It apprears you have read the guides and now understand what needs to be done. The clock is ticking.

Good luck,

Dave

[PAK2015 F2B 9]

ok, so for income you mean her salary?a full time job?

Because my fiancee has a part time job and bonds and some other money.

Isn't it enough to have $18,912 in the bank account? Or you absolutely have to have a full time job?

P.s.: tomorrow I will try to complete the timeline, I have to get back home

see I-864p for annual poverty guide line..then you can easily understand how much income your sponsor is need.

current poverty guide line is

for TWO household member $18912 and anY additional member 4,950

if you are 3 then ur sponsor must have $28,812 available for 3 years.

GOOD LUCK

Edited November 15, 2012 by pak2002

[lurido 0]

First I would have your fiance send you a new I-384 filled out with HER information concerning her salary and investments. Also have her include a new I-384 for her co-sponsor. Not every US Embassy will accept a co-sponsor for a fiance though. Be sure to include all the documentation for both your fiance and her mother.

If they reject the application again your only recourse is likely to get married overseas and have her apply for a CR-1. She would then need to submit an I-864 and either an I-864a (if she lives with her mother) or a separate I-864 (if your fiance does not live with her mother). I have never heard of a co-sponsor not being accepted for a CR-1 but I often hear of them being rejected for K-1 visa applications.

I still don't know if a co-sponsor is accepted in Naples or not. Once they will answer...

So you suggest a CR-1 and not a K3?