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

[Harpa Timsah 13,258]

I asked the console at the end of interview:

"Is the co-sponsor allowed?"

"Yes"

I don't know how else to say this to you. Your co-sponsor was rejected. That means that co-sponsors are not always accepted.

Maybe they are accepted when the main sponsor is just barely under the line or in some other circumstance, but strictly speaking, your own experience shows that co-sponsors are NOT ALWAYS accepted since you were REJECTED.

I am trying to help people in the future, by letting them know that their co-sponsors might not be accepted in Naples. The link between your case and the other is that the main sponsors are both completely unemployed.

You start a new thread using my wording, "New Trend" yet you argue with me about it. I don't get it.

Edited December 18, 2012 by Harpa Timsah

[lurido 0]

I don't know how else to say this to you. Your co-sponsor was rejected. That means that co-sponsors are not always accepted.

Maybe they are accepted when the main sponsor is just barely under the line or in some other circumstance, but strictly speaking, your own experience shows that co-sponsors are NOT ALWAYS accepted since you were REJECTED.

I am trying to help people in the future, by letting them know that their co-sponsors might not be accepted in Naples. The link between your case and the other is that the main sponsors are both completely unemployed.

You start a new thread using my wording, "New Trend" yet you argue with me about it. I don't get it.

I'm not trying to argue with you. At all. I'm not being rude or anything.

The new topic is not a flame or anything. The law is the law and anyone, included who serve and apply the law should obey it.

I think we should do something.

If for you doing something like emailing the Visa center, senators, States department is flaming, ok, it's a flame, but I think only for you.

Protesting is not flaming, it's a right in a democratic country, and we are doing it the right way, I think.

Requesting for clarifications should be a right...still I can only see foggy here....

[rade2rising 205]

who is your co sponsor?

[lurido 0]

who is your co sponsor?

her mother

[LIFE'SJOURNEY 970]

What is the mothers income earn from, retirement or current employment? What income did the finance report for the last year or two if any.

If finaance had no job, who was going to support the family of 2 until one of the 2 had a steady job?

Edited December 18, 2012 by LIFE'SJOURNEY

[Harpa Timsah 13,258]

This appears to be a new trend in Naples that they are no longer accepting co-sponsors. 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/

And here http://www.visajourney.com/forums/topic/402790-k1-visa-denied-public-charge-pretty-outraged/

The issue is the I-134 is not legally binding, and the acceptance of it is discretionary, not a matter of law.

What seems unfair to me, though, is that they have set up expectations that it is accepted only to deny. Now we can warn others that Naples doesn't accept co-sponsors, but this sudden change in policy seems to have left some stranded.

Edited December 18, 2012 by Harpa Timsah

[lurido 0]

What is the mothers income earn from, retirement or current employment? What income did the finance report for the last year or two if any.

If finaance had no job, who was going to support the family of 2 until one of the 2 had a steady job?

Mother income: more than 50k a year

Fianceè income: part time professor assistanship 6k a semester till next semester, she had foreign income of more than 20k

The mother is going to support us.

You can find all these information in my previous topic.

The point is that we showed both sponsor and co-sponsor met more than 125%

[LIFE'SJOURNEY 970]

According to the previous posting by Harpa the consular has made a policy change in their acceptance of the 134 finance document. There is nothing to be done, but marry and re-file the 130 and 864 finance document if you'll must have a co-sponsor. Did you ask the Consular if they would accept the 864 in place of the the 134 for the k1?

Policy and procesdures changes everyday within the US goverment, as does the Italian government. All we can do in cases such as this is respect the change.the

[Harpa Timsah 13,258]

According to the previous posting by Harpa the consular has made a policy change in their acceptance of the 134 finance document. There is nothing to be done, but marry and re-file the 130 and 864 finance document if you'll must have a co-sponsor. Did you ask the Consular if they would accept the 864 in place of the the 134 for the k1?

Policy and procesdures changes everyday within the US goverment, as does the Italian government. All we can do in cases such as this is respect the change.the

Well I only have anecdotal evidence of this change. If anyone knows more, please contribute.

[san diego 407]

I'm not trying to argue with you. At all. I'm not being rude or anything.

The new topic is not a flame or anything. The law is the law and anyone, included who serve and apply the law should obey it.

I think we should do something.

If for you doing something like emailing the Visa center, senators, States department is flaming, ok, it's a flame, but I think only for you.

Protesting is not flaming, it's a right in a democratic country, and we are doing it the right way, I think.

Requesting for clarifications should be a right...still I can only see foggy here....

Guidelines are only guidelines. There is no law or rule for accepting co-sponsor. CO has to make a decision on likelihood of you becoming a public charge. From what I saw COs adhere much more strict to guidelines if main sponsor involved. At this moment your fiancee either has to find a job above poverty line (ASAP) or you would need to refile once she does.

[Harpa Timsah 13,258]

Here is a third denial with co-sponsor out of Naples. http://www.visajourney.com/forums/topic/402790-k1-visa-denied-public-charge-pretty-outraged/page__view__findpost__p__5878852

[KayDeeCee 4,893]

Here is a third denial with co-sponsor out of Naples. http://www.visajourney.com/forums/topic/402790-k1-visa-denied-public-charge-pretty-outraged/page__view__findpost__p__5878852

Interesting. It does appear that Italy has all the sudden decided to stop accepting co-sponsors. I guess we should be on the look out for other countries disallowing it as well. Although it could just be a policy change at the consulate in Naples, or a specific CO that won't accept them.

[Moomin 292]

On a personal note, I think it's rotten to ask you to come back with a co-sponsor only to be denied. Either your embassy really stopped accepting co-sponsors(I134), or there is something in the last 3 cases on VJ that we don't know about but might have been a factor to why a co-sponsor was not accepted. One thing would be the CO actually caring about the primary sponsor's income regardless of co-sponsor. If they see that the employment is recently or there is none, then simply conclude that the co-sponsors are out of reach when it comes to helping out. Especially when you say that your fiancee can't take a full time job now. In such case, the likelyhood of you becoming a public charge is greater than if your fiancee made 3 times as much, or at least close to the income requirement - which also seems to be the case with another VJ member and why the were denied.

OP, someone already mentioned that it might be better for you to get married and submit I130. They are forced to accept the legally binding I864 from sponsor/joint sponsor.

This might seem to be a better solution unless your fiancee's parent's are going to take care of you both for a longer while. With the CR1, you enter the US and you can start working the second you get SSN. With the K1, you'll have to wait until you get married, then submit AOS and then wait for that to be approved, or wait for EAD to be approved along with getting SSN. AOS alone is more than 1/6 of your fiancee's annual income. I'm not judging you or anything, just putting things into perspective of where to go from here. While it can be done in 3-4 months, it took 7 months for us where my husband, being above the minimum income required, was a bit surprised of how much it actually cost for 2 and not just one.

The only way to address the situation is for your fiancee to be above the absolute minimum income requirement if you're not planning on going the I130 route. With the K1, you'll eventually have to get a full medical in the states anyways(or in home country if you tried the K1 route again). The cost of medical, new I129F petition, waiting for EAD/work permit for X months in the US is far more expensive.

EDIT: I'm sorry you got caught in such a situation. Hope you'll get back on track and come back to VJ when you know which path to take.

Edited December 22, 2012 by moomin

[lurido 0]

On a personal note, I think it's rotten to ask you to come back with a co-sponsor only to be denied. Either your embassy really stopped accepting co-sponsors(I134), or there is something in the last 3 cases on VJ that we don't know about but might have been a factor to why a co-sponsor was not accepted. One thing would be the CO actually caring about the primary sponsor's income regardless of co-sponsor. If they see that the employment is recently or there is none, then simply conclude that the co-sponsors are out of reach when it comes to helping out. Especially when you say that your fiancee can't take a full time job now. In such case, the likelyhood of you becoming a public charge is greater than if your fiancee made 3 times as much, or at least close to the income requirement - which also seems to be the case with another VJ member and why the were denied.

OP, someone already mentioned that it might be better for you to get married and submit I130. They are forced to accept the legally binding I864 from sponsor/joint sponsor.

This might seem to be a better solution unless your fiancee's parent's are going to take care of you both for a longer while. With the CR1, you enter the US and you can start working the second you get SSN. With the K1, you'll have to wait until you get married, then submit AOS and then wait for that to be approved, or wait for EAD to be approved along with getting SSN. AOS alone is more than 1/6 of your fiancee's annual income. I'm not judging you or anything, just putting things into perspective of where to go from here. While it can be done in 3-4 months, it took 7 months for us where my husband, being above the minimum income required, was a bit surprised of how much it actually cost for 2 and not just one.

The only way to address the situation is for your fiancee to be above the absolute minimum income requirement if you're not planning on going the I130 route. With the K1, you'll eventually have to get a full medical in the states anyways(or in home country if you tried the K1 route again). The cost of medical, new I129F petition, waiting for EAD/work permit for X months in the US is far more expensive.

EDIT: I'm sorry you got caught in such a situation. Hope you'll get back on track and come back to VJ when you know which path to take.

I will post what another user sent me:

"To my knowledge she needed to have a certain number of years worth of assets at the poverty level. Anyway, I contacted my congresswoman that represents my district, and both of my state senators. You can contact them through the house.gov website (the senate has their own version too). Make sure you tell them it is about immigration and that it is urgent of an emergency. They got back to me within a few days.<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);">In my case, I had just graduated from grad school and was looking for a job. The day she was rejected I received a job offer letter, which is how I overcame the public charge. She still has to go back to Naples to submit this evidence.<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);">I wish you the best of luck."

"The vice consul told my fiance that they only accept co-sponsors when the primary sponsor has an income and makes at least 100% of the poverty level (although it isn't written anywhere). In her case they didn't even ask for evidence, instead they just asked if i had a job and that was it (during the interview)."

Thank you for your kind words.

My fiancee already contacted the senator and the congressman of her state, made an appointment with the immigration office, since the case got back there.

We will see how it evolves...still we are already on the plan b:

getting married asap and in the meanwhile I will start looking for a job...somewhere...I'm doing my online master in teaching Italian as second language and I'm searching for a job abroad....if anyone has a school or a contact it would be appreciated...

if I can't get the K1 visa we will try the Cr1....later...

There is not much to say...we really feel deceived by the system and not using clear and unwritten rules doesn't help. It only affects who tries to do the process in a legal and clear way (I also submitted my Korean (lack) of criminal record) which you can't get ouside Korea...

There should be clear and written rules.

I guess all the Naples' Consulate's personnel is going to have a merry Christmas...all the couples that did an excellent job doing all the correct paperworks are not going to...

Merry Chrismas to all the Vs users that helped me!Hold tight your spouse...there are couples that can't!

[florence2311 0]

Hi there,

Im kinda worried bout co-sponsor i'm from France (still waiting for NOA2) my american fiancé is actually looking for a job. We have a co-sponsor but does France accept it?