US Embassy Manila Interview - K1 Visa (On Administrative Processing; Denied Co-sponsorship; Issued 221g; CO on Power Trip?)

[Hank_ 9,174]

The CO said we have 365 days from the interview date to prove his current sustained income. With savings and assets, banks statements and such, we submitted that over the interview. Our savings should be enough for a couple of dollars short of the 125%. We'll see if there's a miracle somewhere. If not, again, there's still the annual pay raise in Aug/Sep.

It's been just 10 days since they received our 221g docs (on AP), and reviewed last Friday (June 28). From what I understood in the AP/221g instructions, when they're done with the FULL REVIEW of our case and if they need anything from us, they'd contact us, right?

Let's just hope for the best!

I will keep positive vibes going for you both!

It would be great to get this resolved without a "do over"

After they do a full review I would believe they would send a letter out, and maybe even an email if they have it in their system.

[nj27 2]

Erika, can he get a letter with his new promotion and salary ahead of time? In the company i work in, we receive those about a month or so before the new salary kicks in. Not sure if that will apply to his company, but perhaps see if his boss will accommodate.

[Mrs.Presson 16]

Erika, can he get a letter with his new promotion and salary ahead of time? In the company i work in, we receive those about a month or so before the new salary kicks in. Â Not sure if that will apply to his company, but perhaps see if his boss will accommodate.

hi nj27! yes, he'll probably be able to get that by August/September. His annual increase kicks in at the end of September/early October. so we'll wait it out.

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I will keep positive vibes going for you both!

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It would be great to get this resolved without a "do over"

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After they do a full review I would believe they would send a letter out, and maybe even an email if they have it in their system.

Thank you, Hank_! Really appreciate the moral support.

[Stevephoto 230]

Keep the faith Erika...it will happen for you...

[Artisan 138]

I reread the OP and I wanted to add a couple of comments.

First, I noticed that the co-sponsor was not a relative, but a friend. While we used a co-sponsor our co-sponsor was an immediate relative. During my wife's interview most of the questions were actually directed at me and were for the most part light-hearted. It was pointed out though that had our co-sponsor not been an immediate relative we would have been denied. While this may or may not have been something that could have been appealed it would have taken a lot of time and energy I was glad to avoid. Once you are in the US and need a co-sponsor for your AoS anyone will do, but it seems the individual embassies and their staff have a lot of discretion as to what they consider to be valid co-sponsors or even if they'll accept a co-sponsor in the first place.

Second, the consul is never going to consider your earning potential in the US. As far as anyone is concerned your income will always be inconsequential during this phase of immigration. Until you are in the US, have a job, and are earning income the only thing the consul is concerned about is how much your fiance or spouse earns and their assets.

I wish you both the best of luck getting this situation resolved in a timely manner.

[Messybrownhair 251]

I'm sorry for your experience. Back in 2010, we had a similar experience. Back then my fiancé was just a senior in college so he had no income, his dad was our co-sponsor. However, he was in military school so we informed them at my interview that he would commission into the army in a few months. He also attended the interview with me and just like you, the co denied our co-sponsor and told us he was hesitant to approve us given that he was only a student. But back then I was working in shanghai as a speech therapist for one of the Int'l schools there so we explained that the speech therapy field was marketable and employment for me wouldn't be hard, plus that he would have income beginning May when he commissioned. He approved us. When time came for AOS he already met the income requirements without a co-sponsor. I guess maybe they have gotten stricter since 2010. I hope that you get approved soon.

Ps. I'm from UP too!

[Mrs.Presson 16]

Keep the faith Erika...it will happen for you...

Thank you, Steve!

I reread the OP and I wanted to add a couple of comments.

First, I noticed that the co-sponsor was not a relative, but a friend. While we used a co-sponsor our co-sponsor was an immediate relative. During my wife's interview most of the questions were actually directed at me and were for the most part light-hearted. It was pointed out though that had our co-sponsor not been an immediate relative we would have been denied. While this may or may not have been something that could have been appealed it would have taken a lot of time and energy I was glad to avoid. Once you are in the US and need a co-sponsor for your AoS anyone will do, but it seems the individual embassies and their staff have a lot of discretion as to what they consider to be valid co-sponsors or even if they'll accept a co-sponsor in the first place.

Second, the consul is never going to consider your earning potential in the US. As far as anyone is concerned your income will always be inconsequential during this phase of immigration. Until you are in the US, have a job, and are earning income the only thing the consul is concerned about is how much your fiance or spouse earns and their assets.

I wish you both the best of luck getting this situation resolved in a timely manner.

Thanks for the well wishes!

I'm sorry for your experience. Back in 2010, we had a similar experience. Back then my fiancé was just a senior in college so he had no income, his dad was our co-sponsor. However, he was in military school so we informed them at my interview that he would commission into the army in a few months. He also attended the interview with me and just like you, the co denied our co-sponsor and told us he was hesitant to approve us given that he was only a student. But back then I was working in shanghai as a speech therapist for one of the Int'l schools there so we explained that the speech therapy field was marketable and employment for me wouldn't be hard, plus that he would have income beginning May when he commissioned. He approved us. When time came for AOS he already met the income requirements without a co-sponsor. I guess maybe they have gotten stricter since 2010. I hope that you get approved soon.

Ps. I'm from UP too!

Thank you for sharing your experience, dear!

UPDATE:

Our Case Status on CEAC has changed today to "READY". I don't know if this was because of my call last Monday. Or the fact that Christopher contacted his representatives and a congressional aide has put in an official inquiry on our case the past couple of days. (Also, I didn't call on Wednesday, was waiting to call next week, so as not to irritate Embassy employees. Hee.)

I'm just glad that it was sent back for review, and hopefully, they'd reconsider his assets and savings too.

The fiance also learned today that his employer just granted him life insurance benefit worth 1-year of salary. Benefits count too, so this should put us above the 125%. Again, we'll be preparing additional paperwork just in case we get contacted for more evidence of current sustained income, and this time with his pay stubs reflecting his pay raise as CS Manager.

Still hoping for the best!

Edited July 5, 2013 by Erika & Chris

[sunandmoon 450]

Thank you, Steve!

Thanks for the well wishes!

Thank you for sharing your experience, dear!

UPDATE:

Our Case Status on CEAC has changed today to "READY". I don't know if this was because of my call last Monday. Or the fact that Christopher contacted his representatives and a congressional aide has put in an official inquiry on our case the past couple of days. (Also, I didn't call on Wednesday, was waiting to call next week, so as not to irritate Embassy employees. Hee.)

I'm just glad that it was sent back for review, and hopefully, they'd reconsider his assets and savings too.

The fiance also learned today that his employer just granted him life insurance benefit worth 1-year of salary. Benefits count too, so this should put us above the 125%. Again, we'll be preparing additional paperwork just in case we get contacted for more evidence of current sustained income, and this time with his pay stubs reflecting his pay raise as CS Manager.

Still hoping for the best!

hope everything works out for you, but if it's term life insurance, it will not be counted as an asset.

[Hank_ 9,174]

Thank you, Steve!

Thanks for the well wishes!

Thank you for sharing your experience, dear!

UPDATE:

Our Case Status on CEAC has changed today to "READY". I don't know if this was because of my call last Monday. Or the fact that Christopher contacted his representatives and a congressional aide has put in an official inquiry on our case the past couple of days. (Also, I didn't call on Wednesday, was waiting to call next week, so as not to irritate Embassy employees. Hee.)

I'm just glad that it was sent back for review, and hopefully, they'd reconsider his assets and savings too.

The fiance also learned today that his employer just granted him life insurance benefit worth 1-year of salary. Benefits count too, so this should put us above the 125%. Again, we'll be preparing additional paperwork just in case we get contacted for more evidence of current sustained income, and this time with his pay stubs reflecting his pay raise as CS Manager.

Still hoping for the best!

That is a very good sign. Hopefully that means I can uncross my toes...

Take a check using this website

http://www.ustraveldocs.com/ph/ph-niv-passportretrieve.asp#trackingoptions

[Tahoma 2,292]

I'm surprised that you weren't approved at your interview, especially since your fiancé attended the interview with you.

I've seen many Manila K-1ers approved who had more difficult circumstances than your circumstances. Just last year, a friend of mine was approved despite the fact that his petitioner had no income whatsoever, and no assets either!

At this point, given the circumstances, I think you've made the best financial case possible. Since the Embassy has something "ready" for you, I think you'll get your answer soon. I hope the consular officer looked at the "totality of the circumstances" and approved your visa. Good luck.

[Hank_ 9,174]

So how did your friend satisfy the support requirements? co-sponsor?

[Mrs.Presson 16]

I'm surprised that you weren't approved at your interview, especially since your fiancé attended the interview with you.

I've seen many Manila K-1ers approved who had more difficult circumstances than your circumstances. Just last year, a friend of mine was approved despite the fact that his petitioner had no income whatsoever, and no assets either!

At this point, given the circumstances, I think you've made the best financial case possible. Since the Embassy has something "ready" for you, I think you'll get your answer soon. I hope the consular officer looked at the "totality of the circumstances" and approved your visa. Good luck.

HUGE UPDATE!!!!!!!!

It's 3:36am. I'm WIDE AWAKE. Christopher woke me up with a phone call and told me to check my email and it was from the Congressional Aide.

Subject: Good News

Hi Chris!

I just got off the phone with my contact at the Department of State. She said that she spoke with the Manila consular office. They told her that they had reviewed the additional information you sent in, approved it and will be issuing the visa soon (if not already).

Let’s hope it is smooth sailing from here on out!

Kate ____________

Constituent Services

THIS IS THE BEST. NEWS. EVER. <3

[Mrs.Presson 16]

That is a very good sign. Hopefully that means I can uncross my toes...

Take a check using this website

http://www.ustraveldocs.com/ph/ph-niv-passportretrieve.asp#trackingoptions

You may uncross your toes now! HAHA. THANK YOUUUUUU!

[Hank_ 9,174]

So you visa is on its way... all gooder now!! Excellent!

[Tahoma 2,292]

So how did your friend satisfy the support requirements? co-sponsor?

My friend's petitioner didn't satisfy the support requirements. My friend tried to submit his petitioner's joint-sponsor documents, but the Filipino pre-screener told him that Manila doesn't accept joint sponsors for K-1ers. The consular officer approved his visa anyway.

Their backstory: The petitioner is a Pinoy who is a naturalized U.S. citizen. Both the petitioner and the beneficiary are in their early 20's. They've known each other since childhood. At the time of the interview, the petitioner was studying nursing and was about to graduate from college here in the U.S. She lived with her parents and had no income and no assets. The beneficiary had graduated from college in the Philippines and was working there in his field. The petitioner did not attend the interview.