K1 visa DENIED - Public Charge - pretty outraged.

[EAS 45]

From the U.S. Department of State's website:

Proof of Financial Support and Affidavit of Support Forms

During the visa interview, applicants will be required to present evidence to the Consular Officer that they will not become a public charge in the U.S. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.

[/url]Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

I can understand disappointment in not getting what one wants but it is clear from the U.S. Department of State's public website that:

1. the burden of proof of financial support is on the applicant, and
2. that there is no mention or implication that the assets or income of a co-sponsor need be considered in the process.

As stated by another, it appears that accepting a co-sponsor is a 'courtesy' that the U.S. Department of State can choose to extend but is not bound by policy or law to extend.

/Rant

The Counselor Officers have a tough job. It would be refreshing to see a petitioner or beneficiary who has failed come here and admit that they didn't meet the requirements [regardless of how well they think they were prepared] and that the Counselor Officer made the right call.

Rant/

[Gary and Alla 3,694]

My Fiance just had her interview in naples today and was rejected (no 90 days to show proof of employment, flat out denied) for our K1. We had all the paperwork and documentation. The story is I'm a student who just graduated and am currently looking for a job. I attained a co-sponsor (my mother) who made more than double the amount supposedly needed. In all, because I myself didn't have a job it was denied. They said they only accept a co-sponsor when the petitioner is very close to the poverty line.

Can I say WOW unexpected (I've never received government welfare benefits, nor is my family) steps forward? I cannot accept having to reapply and wait another 8 months without my fiance! this is ridiculous!

This is because you did not study the requirements and procedures of the consulate handling your application and failed to prepare properly.

Your fastest, easiest and cheapest route is to reapply and start over OR go to Italy, MARRY your fiancee (or have her come here and get married) and then file an I-130 which uses the NVC for the AOS and eliminates the variances of different consulates. Some consulates do not accept co-sponsors for K-1s and some do not accept them at all. It is the applicant's responsibility to know what they need to do.

[pieroot 43]

Wow, that is really harsh! I'm sorry that you guys are in this situation. I think that if the consulates do not approve K-1 with co-sponsors, they should just plainly state that, instead of being ambiguous. It would save a lot of people so much grief and they would then pursue the appropriate method to bring their loved ones. I feel bad for you guys that after going through all this, paying all those fees, and waiting so long, you were denied!

[Patian 1]

Sorry to hear that.

I just found out that we were denied too. Crappy, crappy day.

Sorry to hear that. Do you mean your case is completly denied or did you receive a RFE? And what was the reason?

Stay strong and patience! We had to reapply too.

You get used of waiting

[Thatgirl2 21]

/Rant

The Counselor Officers have a tough job. It would be refreshing to see a petitioner or beneficiary who has failed come here and admit that they didn't meet the requirements [regardless of how well they think they were prepared] and that the Counselor Officer made the right call.

Rant/[/size][/font][/color]

[/size][/font][/color][/size][/font]

Well then you would have been delighted to see my interview review had I been denied. I had very little pictures, my fiancé wasn't into taking pictures and in each step I was requested evidence I sent the same pictures, we had no phone records because he didn't own an international phone and I was ready to get denied, and If I had gotten denied I would have completely understood. While my CO seemed very... Sneaky for the lack of a better word, she was an angel to approve me with the little evidence we had. I do feel its unfair to COs or uscis officers when people think they have a say or choice in what we are told or what happens or like they do thinks out of prejudice., however I didn't think like that two years ago while I was going through k-1

[EAS 45]

Well then you would have been delighted to see my interview review had I been denied. I had very little pictures, my fiancé wasn't into taking pictures and in each step I was requested evidence I sent the same pictures, we had no phone records because he didn't own an international phone and I was ready to get denied, and If I had gotten denied I would have completely understood. While my CO seemed very... Sneaky for the lack of a better word, she was an angel to approve me with the little evidence we had. I do feel its unfair to COs or uscis officers when people think they have a say or choice in what we are told or what happens or like they do thinks out of prejudice., however I didn't think like that two years ago while I was going through k-1

I don't take pleasure in the misfortune of others, but I also understand that one can not always get things one's own way especially if one hasn't met clearly stated requirements. I don't know any of the Consular Officers personally, but I do know other people who have to make decisions that can have significant impacts on the lives of others. I can tell you that NOT ONE of those people that I know take their work responsibilities lightly. Not one of them likes or relishes the idea of the negative impact their decisions may cause. But each and every one of them makes those 'negative' decisions when they think it is warranted. This is not to say that they can't be/haven't been wrong. But I am guessing that they are more often right than wrong.

[Andie 147]

The thing I find to be so bizarre about all this is the different requirements of different embassies, the human aspect of intuition by the officer involved and that anyone can run around taking photos all over the place and follow the 'recipe' for the perfect petition/interview when in fact they may have only known each other for a day. Conversely, a sincere, honest and solid relationship can be denied for insufficient evidence, or some other reason (depending on the person looking at the petition/interview on the day) - and all but destroy a relationship because of that interpretation.

Anyway - OP, I hope you are able to follow the alternative path and marry and refile - Sounds like its your only option. Best wishes

[ethomps 16]

Same thing pretty much just happened to my fiance in Napoli. We would have NEVER done the Fiance Visa if we knew this would happen. I have a job and make above what is necessary to support him but I only have been working for a few months as I was living the year before that with my fiance in Italy. Our joint sponsor also make more than double the amount of the 125 percent above poverty level. We are still pursuing it and I am going to my Congressman and if necessary we will hire an attorney. It is very deceiving and I am so very disappointed in this system. How do they expect me to now leave my new job and go to Italy, get married, return and wait the 1 to 2 year wait for the spousal Visa???? There has to be a better solution!!!

Wait a second. You made above the 125% mark, and they can still reject you for that reason?

Someone please bring clarity to this for me, as my fiance just barely makes above the 125% mark as well, but we figured we'd be okay. Should we get a co-sponsor just in case? Or will that only give them reason to reject us?

OP: I'm sorry that you found this out after waiting all this time. Stay strong man!

[Andie 147]

Sorry to hear that. Do you mean your case is completly denied or did you receive a RFE? And what was the reason?

Stay strong and patience! We had to reapply too.

You get used of waiting

Yes... kind of

[Lynkali 163]

Wait a second. You made above the 125% mark, and they can still reject you for that reason?

It's my understanding that they can reject you even then, yes, because consular officers have complete discretion to reject or approve your visa, and because there are no hard-and-fast rules for the I-134, only general non-enforceable guidelines (the I-864 however has rules, I believe).

It worries me A LOT as well, going into next year for our interview ... I meet all the recommended guidelines: my income will be only slightly above the 125%, but I have a seriously large investment account (enough that income shouldn't even matter) -- but I keep freaking out when I read about these denials, because there's just no way of knowing what the CO might find wrong. Now to find out they're rejecting co-sponsors too, when I was reserving that as a backup plan .... I'm about to stop reading VisaJourney just because it's seriously causing me mini-panic-attacks!

[Not a user 0]

If i could add my 2 cents, I believe people sometimes misinterpret what the cosponsors are for; I assume the original idea of cosponsors was to ease cases where they are borderline with the poverty line ( in hopes that when the non-usc comes helps with their income), but since you arent bringing any cash, its hard for them to PROVE that you guys wont become a public charge.

Try to understand that to the government, you are an INDEPENDENT ADULT, and if you intend to form a family you should be able to support it.

Don't take offence, that is just my reasoning behind their decision.

[EAS 45]

The thing I find to be so bizarre about all this is the different requirements of different embassies, the human aspect of intuition by the officer involved and that anyone can run around taking photos all over the place and follow the 'recipe' for the perfect petition/interview when in fact they may have only known each other for a day. Conversely, a sincere, honest and solid relationship can be denied for insufficient evidence, or some other reason (depending on the person looking at the petition/interview on the day) - and all but destroy a relationship because of that interpretation.

Anyway - OP, I hope you are able to follow the alternative path and marry and refile - Sounds like its your only option. Best wishes

In my opinion, this is exactly why there is not [and should not be] a written in stone, un-changeable, and formulaic set of steps and requirements that guarantees that a visa will be issued. Of course, the Government should provide clear guidance on what factors will be considered when making the decision but there should always be leeway for considered judgement on the part of those tasked with making the decision.

[del-2-5-2014 1,339]

Condolences to all those that were denied. To me, at least, our denial was as if something died inside of me, my flag is still flying at half mast and I have a distrust of the system, For now.

Anyways, my issue with the system is exactly what happened to the OP. How hard could it be for the CO to have request additional information instead of a quick and total denial? And knowing that K1's have a short duration and will expire quickly.

I have said this and I will say it again, K1s are a total waste of time and resource. I wish I had did more research in the beginning and not have had a bling trust that they system will work.

[del-2-5-2014 1,339]

If i could add my 2 cents, I believe people sometimes misinterpret what the cosponsors are for; I assume the original idea of cosponsors was to ease cases where they are borderline with the poverty line ( in hopes that when the non-usc comes helps with their income), but since you arent bringing any cash, its hard for them to PROVE that you guys wont become a public charge.

Try to understand that to the government, you are an INDEPENDENT ADULT, and if you intend to form a family you should be able to support it.

Don't take offence, that is just my reasoning behind their decision.

If that's true then the guvmint should publish that and make it a defacto.

Many K1s have been approved when the USC doesn't have a job. The ability for the CO to have this idiotic unilateral decision is imbecilic.

[Andie 147]

In my opinion, this is exactly why there is not [and should not be] a written in stone, un-changeable, and formulaic set of steps and requirements that guarantees that a visa will be issued. Of course, the Government should provide clear guidance on what factors will be considered when making the decision but there should always be leeway for considered judgement on the part of those tasked with making the decision.

Yes while I agree in principle there are too many spontaneous variables ... it depends on 'those tasked with making the decision' who may or may not be having a good day, like/not like your demeanour, how you sound/look - for whatever reason - as to how things turn out. If things went well, petitioners credit themselves with having done everything perfectly and criticise those who failed the 'test'. It is all a bit of a moving target and may end with a result that is not really related to the quality/strength and honesty of the relationship at all. That is where it is flawed .. just IMO.

Edited December 7, 2012 by Andie