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

[lurido 0]

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 A K-3 by the way is outdated and no longer used.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.

Thank you for the explanation.

[lurido 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.

Thank you for the explanation, yes, we will be a total of 5 people.

[KayDeeCee 4,893]

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?

Only one co-sponsor with the I-134. There is no combining of incomes. You need a co-sponsor that makes enough for their own household size plus the foreign fiance(e) all on their own.

[lurido 0]

Only one co-sponsor with the I-134. There is no combining of incomes. You need a co-sponsor that makes enough for their own household size plus the foreign fiance(e) all on their own.

ok, so the parents share a bank account with 50k and they share the property of a house that is worth more than 100k.

Since there can be only 1 co-sponsor what does the mother has to write in the I134? How do you calculate a shared asset?

[C-ma'am 684]

ok, so the parents share a bank account with 50k and they share the property of a house that is worth more than 100k.

Since there can be only 1 co-sponsor what does the mother has to write in the I134? How do you calculate a shared asset?

They care about current income, not assets. Pick the parent with the highest income.

[KayDeeCee 4,893]

ok, so the parents share a bank account with 50k and they share the property of a house that is worth more than 100k.

Since there can be only 1 co-sponsor what does the mother has to write in the I134? How do you calculate a shared asset?

You stated the parents have a combined income of $100k. Doesn't one of the parents earn at least $34k to cover a household size of 5 then? If they earn enough individual income then there is no need to list assets at all. Leave that part of the I-134 blank.

Jointly owned assets complicate things for an I-134. Assets must be easily converted to cash within a year without any hardship. For that reason, if it is the one and only house that they own and are living in, the value of it might not be considered because selling the house you live in would be a hardship. You must prove ownership of any assets listed and for a home, you also need a recent appraisal from a licensed appraiser and documentation of any liens against the property to show the net value. For the joint bank account, if she truly wants and needs to list it, show documentation that she is a joint account holder with her spouse. I assume if they would accept a jointly owned asset(no guarantee they would), they would value it at half of its actual value.

If one of the parents cannot qualify on their own with current income, perhaps look for a different co-sponsor that can.

[lurido 0]

You stated the parents have a combined income of $100k. Doesn't one of the parents earn at least $34k to cover a household size of 5 then? If they earn enough individual income then there is no need to list assets at all. Leave that part of the I-134 blank.

Jointly owned assets complicate things for an I-134. Assets must be easily converted to cash within a year without any hardship. For that reason, if it is the one and only house that they own and are living in, the value of it might not be considered because selling the house you live in would be a hardship. You must prove ownership of any assets listed and for a home, you also need a recent appraisal from a licensed appraiser and documentation of any liens against the property to show the net value. For the joint bank account, if she truly wants and needs to list it, show documentation that she is a joint account holder with her spouse. I assume if they would accept a jointly owned asset(no guarantee they would), they would value it at half of its actual value.

If one of the parents cannot qualify on their own with current income, perhaps look for a different co-sponsor that can.

Thank you very much for the excellent explanation. I truly appreciate, especially after the shock interview!

Yes, both parents make more than 34k and as you sid it's more than enough. Both the parents are willing to help, we will ask the one with the bigger income.

I guess it's a good idea to state the joint account with all the documentation.

We are thinking about asking an Aila lawyer only for this part, but after your explanation I feel a little better. (I will not blame you or anyone else if something goes wrong)

[Patian 1]

Good morning to everybody,

I read a lot of topics here and they were really useful, better than the embassies instructions...

As the title says I went to the interview and they denied my visa with a "section 212 (a)(4) which prohibits the issuance of a visa to anyone likely to become a public charge"

This is because only my fiancee's mother filled the I-134 and they said it's not enough, the interviewer just handed me the paper and sent me away.

The interviewer didn't even told me what to present in order to meet the requirements for the affidavit.

Both I and my fiancee are still studying, I'm unemployed and my fiancee has a part time job and so we thought my fiancee's mother's affidavit would suffice. It's not like this.

What are your experience with the affidavit?

Even if we are unemployed can I get the visa?

Is it enough to show she has enough money for both of us in assets and in the bank account?

I'm still shocked by what happened.

Both of us are scaried by the fact we may not see each other for a long time.

I hope someone here could give us some clear answers.

Hi,

I'm really sorry to what happened to both of you. I suggest to get in contact with an immigration lawyer. If the petitioner has not a sufficient income, a US sponsor (so far as I understood, your fiancee mother) should be okay. Good luck for a speedy clarification.

[KayDeeCee 4,893]

Thank you very much for the excellent explanation. I truly appreciate, especially after the shock interview!

Yes, both parents make more than 34k and as you sid it's more than enough. Both the parents are willing to help, we will ask the one with the bigger income.

I guess it's a good idea to state the joint account with all the documentation.

We are thinking about asking an Aila lawyer only for this part, but after your explanation I feel a little better. (I will not blame you or anyone else if something goes wrong)

You are welcome. Listing the account as an asset won't really matter since whichever parent fills out the I-134 makes more than enough with their income, and that is all that will be needed. Good luck! I hope you get it settled and your visa is issued soon.

[lurido 0]

You are welcome. Listing the account as an asset won't really matter since whichever parent fills out the I-134 makes more than enough with their income, and that is all that will be needed. Good luck! I hope you get it settled and your visa is issued soon.

Today I had my interview.

I presented both my fiancee and the co-sponsor I-134 and all the relative documents: tax refunds, letter of employment, investments, paystubs and so on.

More than the 125%, definetely more and the co-sponsor is allowed.

Denied...

Seems like the console or whoever is in charge is doing this to other couples, from what I read on these pages.

Is this legal?

My fiancee wrote to the National Visa Center and the State Department, we encourage anyone else who encountered such denial with more than the 125% to do the same.

We will not have nice holidays apart, I guess they will.

[Harpa Timsah 13,258]

This appears to be a new trend in Italy. There is another thread about a K-1 denied because the co-sponsor was not accepted in Italy.

[lurido 0]

This appears to be a new trend in Italy. There is another thread about a K-1 denied because the co-sponsor was not accepted in Italy.

It's accepted.

I asked the console if a co-sponsor is accepted or not.

She said it is.

Not enough for her...based on what?

[Harpa Timsah 13,258]

The co-sponsor wasn't accepted if the affidavit was sufficient and your visa was still denied. That means the co-sponsor was rejected.

Here is the other thread I am thinking of: http://www.visajourney.com/forums/topic/402790-k1-visa-denied-public-charge-pretty-outraged/

[lurido 0]

Good evening to everybody,<br style="color: rgb(28, 40, 55); font-size: 13px; line-height: 19px; background-color: rgb(250, 251, 253);"><br style="color: rgb(28, 40, 55); font-size: 13px; line-height: 19px; background-color: rgb(250, 251, 253);">The story so far is here http://www.visajourney.com/forums/topic/399806-k1-visa-rejected-have-90-days-to-show-proof-affidavit-both-of-us-are-unemployed-what-to-do/<br style="color: rgb(28, 40, 55); font-size: 13px; line-height: 19px; background-color: rgb(250, 251, 253);">

Today I got my visa denied even if I showed my fianceé and co-sponsor (accepted, I asked the console after the refusal) I-134, letter of employment, bank statements, proof of investments, pay stubs, ecc...

We met more than the 125% poverty guidelines

Not enough she said.

My fianceé this evening sent an email to the Visa National Center and the State Department.

I encourage everybody had a similar situation to post here and send an email to the above mentioned institutions.

Any advice on how to contact any other institution that can do something?

What about this? http://oig.state.gov/hotline/

[lurido 0]

I asked the console at the end of interview:

"Is the co-sponsor allowed?"

"Yes"

The co-sponsor wasn't accepted if the affidavit was sufficient and your visa was still denied. That means the co-sponsor was rejected.

Here is the other thread I am thinking of: http://www.visajourn...retty-outraged/

Edited December 18, 2012 by lurido