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

[lurido 0]

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

Totally true but I think they should, and I hope, answer my questions on what to present as proof and if we can have a co-sponsor (her mother)

[KayDeeCee 4,896]

Totally true but I think they should, and I hope, answer my questions on what to present as proof and if we can have a co-sponsor (her mother)

Your fiancee fills out an I-134 and provides most recent tax transcript (they are free from the IRS), letter from employer, most recent pay stub(s), and documents that prove her asset amounts if she is listing them on her I-134. The parents make $100k combined but you can only have 1 co-sponsor with the I-134 so choose the parent with the most individual income that covers their household size plus you. They will fill out their own I-134 using their individual current annual income and provide their most recent tax transcript plus their W-2 to show their individual income, letter from employer, most recent pay stub(s), documentation of any assets they list(no need to list any if income alone is sufficient), and proof of being a US citizen or permanent resident.

[Altair17 9]

My 5 cents go against most on this thread. I understood that US parents that will act as sponsors have combined income of 100k. But it also sounds like there is a number of dependants they're claiming that needs to be accounted for. I am unclear on the number, but if they have 3 kids, it means that they claiming 5 allowances on their tax return, with you being 6th dependant they need to show 18.9*6 ~ 113.4k+ earned in each of the last 3 years, AND both must sign co-sponsor petition.

Also, I used to have that college job where they give tuition money, only the taxable part of it will count toward the income needed. The part whoch goes toward the tuition does not exists for these purposes.

And I also strongly believe that it was completely unprepared situation, which is why interviewer did not give any info.

[baron555 934]

My 5 cents go against most on this thread. I understood that US parents that will act as sponsors have combined income of 100k. But it also sounds like there is a number of dependants they're claiming that needs to be accounted for. I am unclear on the number, but if they have 3 kids, it means that they claiming 5 allowances on their tax return, with you being 6th dependant they need to show 18.9*6 ~ 113.4k+ earned in each of the last 3 years, AND both must sign co-sponsor petition.

Also, I used to have that college job where they give tuition money, only the taxable part of it will count toward the income needed. The part whoch goes toward the tuition does not exists for these purposes.

And I also strongly believe that it was completely unprepared situation, which is why interviewer did not give any info.

If the parents claim a household zize of 5 now, then you must add 2 more (plus any children that are also immigrating).

The cosponsor has to show that they will financially take care of both the petitioner and the beneficiary....that's the reason they are cosponsoring, because the petitioner can not take care of both.

[Moomin 292]

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.

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?

If Italy accepts co-sponsors, then no reason to start over just yet.

When using assets, you will have to multiply the amount by 3 or as you say: Assets aren't as much worth as a current reliable income. You cannot just have an amount transferred to your fiancee's account and assume that'll cover it because it looks suspecious, and it is suspecious.

Ok, here's a link for the K1 packet 3 from that embassy; http://italy.usembassy.gov/visa/iv/application.html#as

In the K1 packet, there's a pdf file called "instructions for fiance". Scroll down to the box with the number 9. It says

"Evidence that shows the applicant(s) is/are not likely to become a public charge in the United States. Such evidence may include documentary proof of: (1) the applicant’s personal assets that would be available in the United States; or (2) the income, property, and assets of the petitioner and/or others in the U.S. who are willing to support applicant(s). Proof may be in the form of employment records, copies of U.S. tax returns, bank statements or letters, property documents, business documents, affidavit(s) of support, etc. An Affidavit of Support form I-134 is enclosed for your convenience."

You were already given these documents.

Do not forget to include both fiancce's and co-sponsor proof of being a US citizen when you submit all papers.

[Emz.jlh 0]

She has to have $18,912 income from work. While she may be able to substitute some income with liquid property, money that all of a sudden appear on the account will not do it, especially now when your petition has been rejected for insufficient income. More over, the closer her income is to lowest $18,912 the more likely they will ask to prove that this is consistent income, such as 3 year worth of tax returns. For example, if her income is $19,000/ year they will definitely ask for 3 years tax returns to see that she was making it consistently. On the other hand if she makes right now $30,000 and has a letter from employer that she has excellent employment prospectives, they will not care about even most recent income since her income currently is sufficient. Frankly, I do not see a chance under the circumstances except finding another co-sponsor that will qualify better. This is your only chance.

Hi i think we are in the same boat and i need a help. I had my interview last october 2012. During my interview, my fiance is working. But the embassy asked for a letter of employment which i dont have (its a long story so let me get it straight) i received a 221g forms stating that i need to present a letter of employment. But we cant present it anymore since unfortunately my fiance just lost his job so our choice is a cosponsor which is his mom. For the past 3 years, his mom has an annual income of aroung $25,000 plus (2009 & 2010) and around $26,000 plus (2011) for that income we can say it is consistent? Right? If it is only me, my fiance and his mom then we meet the income poverty guidelines? Plus my fiance have money in the bank around $30,000 and 3 cars and his own house (with mortgage though) and currently unemployed since he just lost his job

Well do you think we have a chance to get approve? Though my fiance is unemployed? Thank you.

[KayDeeCee 4,896]

My 5 cents go against most on this thread. I understood that US parents that will act as sponsors have combined income of 100k. But it also sounds like there is a number of dependants they're claiming that needs to be accounted for. I am unclear on the number, but if they have 3 kids, it means that they claiming 5 allowances on their tax return, with you being 6th dependant they need to show 18.9*6 ~ 113.4k+ earned in each of the last 3 years, AND both must sign co-sponsor petition.

This is incorrect information. That is not how income is calculated for household size and they do not have to show that much for the last 3 years. Only their current annual income needs to meet or beat the 125% requirement. Here are the poverty guidelines. The OP already stated it was a household of 5 including himself already. A household of 5 needs at least $33,762 : http://www.uscis.gov/files/form/i-864p.pdf

If the parents claim a household zize of 5 now, then you must add 2 more (plus any children that are also immigrating).

The cosponsor has to show that they will financially take care of both the petitioner and the beneficiary....that's the reason they are cosponsoring, because the petitioner can not take care of both.

The OP stated it was a count of 5 including himself. Why would they need to add 2 more?

The co-sponsor does not have to show they can care for the USC petitioner. The only time a co-sponsor needs to include the USC petitioner in their own household count is when they already support them and have claimed them on their taxes. If they do not claim the USC petitioner on their taxes, then they are not included in the co-sponsor's household size. The co-sponsor is only signing an affidavit of support stating they will be the sponsor of the foreign fiance(e).

To clear up how household size works, people should read page 2 of the I-864 instructions. Household size works the same even for the I-134.

From the I-864 instructions:

How Do I Count Household Size?

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support.

[Emz.jlh 0]

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

I believe its 23,862 for 3 person (petitioner + beneficiary + cosponsor).

http://www.uscis.gov/files/form/i-864p.pdf

INCOME REQUIREMENTS. # of HOUSEHOLD

$18,912. (2)

$23,862. (3)

$28,812. (4)

$33,762. (5)

$38,712. (6)

$43,662. (7)

$48,612. (8)

Add $4,950 for each additional person.

[Moomin 292]

Hi i think we are in the same boat and i need a help. I had my interview last october 2012. During my interview, my fiance is working. But the embassy asked for a letter of employment which i dont have (its a long story so let me get it straight) i received a 221g forms stating that i need to present a letter of employment. But we cant present it anymore since unfortunately my fiance just lost his job so our choice is a cosponsor which is his mom. For the past 3 years, his mom has an annual income of aroung $25,000 plus (2009 & 2010) and around $26,000 plus (2011) for that income we can say it is consistent? Right? If it is only me, my fiance and his mom then we meet the income poverty guidelines? Plus my fiance have money in the bank around $30,000 and 3 cars and his own house (with mortgage though) and currently unemployed since he just lost his job

Well do you think we have a chance to get approve? Though my fiance is unemployed? Thank you.

Please start your own topic Your country matters when it comes to co-sponsors and the replies you get will be different than the replies the OP gets because Phillipines is in a category for itself when it comes to K1 and co-sponsors.

Either that, or report your own reply and ask a moderator to please split the topic.

[Emz.jlh 0]

This is incorrect information. That is not how income is calculated for household size and they do not have to show that much for the last 3 years. Only their current annual income needs to meet or beat the 125% requirement. Here are the poverty guidelines. The OP already stated it was a household of 5 including himself already. A household of 5 needs at least $33,762 : http://www.uscis.gov/files/form/i-864p.pdf

The OP stated it was a count of 5 including himself. Why would they need to add 2 more?

The co-sponsor does not have to show they can care for the USC petitioner. The only time a co-sponsor needs to include the USC petitioner in their own household count is when they already support them and have claimed them on their taxes. If they do not claim the USC petitioner on their taxes, then they are not included in the co-sponsor's household size. The co-sponsor is only signing an affidavit of support stating they will be the sponsor of the foreign fiance(e).

To clear up how household size works, people should read page 2 of the I-864 instructions. Household size works the same even for the I-134.

From the I-864 instructions:

How Do I Count Household Size?

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support.

Hi, what if my cosponsor still claims her daugther in her 2011 tax but her daughther already moved out and now having a family though shes just 18. Can we just attach an statement saying that she is no longer dependent with her mom?

[Artisan 138]

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?

This is one question they will not answer. It is really dependent on the consul doing the interview. Generally it is a unwritten policy to accept or not accept co-sponsors for K-1 visas. Nothing prevents them from doing so other than their own experience. The issue is, an I-384 is not a binding contract. A I-864 and I-864a are however binding contracts and that is why the US Embassy will always accept a co-sponsor with a CR-1 visa application. I can only speak of the experiences I have heard from the Manila Embassy where K-1 visa holders are often, but not always, denied based on the use of a co-sponsor.

Go ahead and file an I-384 for your fiance and her mother. If the Embassy rejects it again, then you can consider marrying overseas and applying for your CR-1. A K-3 by the way is outdated and no longer used. They will automatically close the application if you attempt to file a K-3.

[Pinkrlion 2,724]

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.

It is a I-134 for K-1

[KayDeeCee 4,896]

Hi, what if my cosponsor still claims her daugther in her 2011 tax but her daughther already moved out and now having a family though shes just 18. Can we just attach an statement saying that she is no longer dependent with her mom?

My answers have not changed.

http://www.visajourney.com/forums/topic/399517-question-on-the-i-134/page__view__findpost__p__5820364

http://www.visajourney.com/forums/topic/399517-question-on-the-i-134/page__view__findpost__p__5822797

[Artisan 138]

It is a I-134 for K-1

You are correct, I am getting numbers confused in my own head. I think the OP realizes though which form the K-1 requires despite my mistake.

[lurido 0]

If Italy accepts co-sponsors, then no reason to start over just yet.

When using assets, you will have to multiply the amount by 3 or as you say: Assets aren't as much worth as a current reliable income. You cannot just have an amount transferred to your fiancee's account and assume that'll cover it because it looks suspecious, and it is suspecious.

Ok, here's a link for the K1 packet 3 from that embassy; http://italy.usembassy.gov/visa/iv/application.html#as

In the K1 packet, there's a pdf file called "instructions for fiance". Scroll down to the box with the number 9. It says

"Evidence that shows the applicant(s) is/are not likely to become a public charge in the United States. Such evidence may include documentary proof of: (1) the applicant’s personal assets that would be available in the United States; or (2) the income, property, and assets of the petitioner and/or others in the U.S. who are willing to support applicant(s). Proof may be in the form of employment records, copies of U.S. tax returns, bank statements or letters, property documents, business documents, affidavit(s) of support, etc. An Affidavit of Support form I-134 is enclosed for your convenience."

You were already given these documents.

Do not forget to include both fiancce's and co-sponsor proof of being a US citizen when you submit all papers.

Thank you for the excellent explanation.

We weren't even thinking about doing a transfer, as you said it's too suspicious and that is the last thing we want.

Regarding this:

and/or others in the U.S. who are willing to support applicant

it's not written anywhere that the co-sponsor has to be one and only one: I am assuming both of her parents could be the co-sponsor. Am I wrong?