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Filed: K-1 Visa Country: Venezuela
Timeline
Posted

yeah, but then again....she doesnt have to pay for any housing and has no dependents.

and on my household...i have a child who is partially dependant on me and i have child support to cater her needs...i still dont get it.

But it doesnt make any difference now and it doesnt even matter anymore, i will go back and get that job and send the paper along with the same co-sponsor just in case.

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Filed: Citizen (apr) Country: Mexico
Timeline
Posted

The co-sponsor at this point is merely to fill consular requirements, by the time of the wedding and the AOS i would need the real sponsor, a Job or both for the I864.

I understand why it might seem shaky, but with zero living expenses due to living with my mom, a child support of 500$ monthly, savings and the possibilities of finding another job i dont get where the FARCE is that my friend would "Supposedly support" my fiance not me...and only while he is on the K1 status.

But then again, it all goes back to the CO mood that day, or God knows what...they are the ones who make the decitions, and as a prove is what they replied to the email that i sent yesterday.

Joint sponsors who do not reside with the principal sponsor will be considered members of a second household. As you may see from the poverty guidelines, splitting the sponsorship between multiple households will increase the minimum required total income, often substantially. For example, two households of 2 people each would require a minimum income of $36,424, while a single household of 4 individuals would only need $27,562. It should be noted that these are minimum requirements; as you can see below additional proof of support may occasionally be required in certain cases.

This explanation from them makes no sense. No one involved is supporting 2 households and they stated 2 households of 2 people each(which is 4) needs enough for 6 people. What sense does that make? The policies of your consulate are all out of whack and a bit ridiculous.

It seems like they did not like that it was a friend and not a relative that lives with you. If your mother had enough income, it seems like she would have been accepted as the co-sponsor. It is as you stated, you will have to get a job to satisfy them on the financials. Perhaps they are similar to Pakistan and just want to see the USC petitioner makes an effort to be employed. They reject a co-sponsor when the USC is unemployed and think the USC will never work so the immigrant is at risk of being a public charge.

Sorry you are going through such a hassle. No matter how wrong they are about the guidelines and support issues, they have the final say and you have to go along with whatever will get you an approval. Good luck to you, and I hope he gets the visa soon.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Posted

I have to agree with Jay-Kay... The consulate is throwing up roadblocks! They're specifically citing a) old information and b) just trying to find a way to prove themselves right when they know they're wrong.

Which, unfortunately most of all, is their prerogative.

It would have been nice if they had just said, no, we want to see a family member co-sponsor or no you need to have a job before we accept a co-sponsor, but they didn't. They threw "banana peels" onto the track. Well, I bet you can pick yourself right up and throw them back later, when they're even yuckier, but I bet you can do it with a smile. Best of luck to you! I hope you guys can get this all worked out fast. :) At least you know what you have to do!

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: K-1 Visa Country: Venezuela
Timeline
Posted

I have to agree with Jay-Kay... The consulate is throwing up roadblocks! They're specifically citing a) old information and b) just trying to find a way to prove themselves right when they know they're wrong.

Which, unfortunately most of all, is their prerogative.

It would have been nice if they had just said, no, we want to see a family member co-sponsor or no you need to have a job before we accept a co-sponsor, but they didn't. They threw "banana peels" onto the track. Well, I bet you can pick yourself right up and throw them back later, when they're even yuckier, but I bet you can do it with a smile. Best of luck to you! I hope you guys can get this all worked out fast. smile.png At least you know what you have to do!

This explanation from them makes no sense. No one involved is supporting 2 households and they stated 2 households of 2 people each(which is 4) needs enough for 6 people. What sense does that make? The policies of your consulate are all out of whack and a bit ridiculous.

It seems like they did not like that it was a friend and not a relative that lives with you. If your mother had enough income, it seems like she would have been accepted as the co-sponsor. It is as you stated, you will have to get a job to satisfy them on the financials. Perhaps they are similar to Pakistan and just want to see the USC petitioner makes an effort to be employed. They reject a co-sponsor when the USC is unemployed and think the USC will never work so the immigrant is at risk of being a public charge.

Sorry you are going through such a hassle. No matter how wrong they are about the guidelines and support issues, they have the final say and you have to go along with whatever will get you an approval. Good luck to you, and I hope he gets the visa soon.

Thank you...it is exactly what i thought.

Although it makes no sense for me to argue with them and try to prove them wrong its what i felt like doing, but if i continued to email them i would only worsen the situation so i gotta do what i gotta do, leave whithout him, go through the grieving process one more time, get a job and prove to them i can support my man like he does with me while im here...sucks to think that when i started it all i had the perfect job and everything was going smoothly.

I know i should pass this too.

Thanks for all the support!

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Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Their decision is for your best interest as those income levels, which are quite low, are designed to ensure that there is some minimum with which to work with to get the new immigrants to be settled into the US. If you can't find enough, then you have to withdraw and wait until you make enough and file again. It's all for the best and this requirement was known before you began.

Thats a little harsh!

I doubt the OP intentionaly meant to fall short on this requirement.

Don't you have something bettert to do than rub salt in the wound?

Geezzz..........wow.gif

Filed: AOS (apr) Country: Cyprus
Timeline
Posted

If you are still there can you request to speak to the chief consul IN PERSON ? I have seen a few 'silly' CO decisions overturned when the interviewing CO gave reasons of refusal that he/she actually had misunderstood and then the visa chief approved them.

It is worth a shot. What do you have to lose ?

Another option would be to initiate immediate senator involvement to try to get this decision overturned.

A (free phone) consult with a very good lawyer may help to arm yourself with access to actual written regulations and guidelines that we (nor some CO's)are not aware of.

It could be a greenhorn just starting his tour as conoff.

Long shot but a shot nevertheless.

Discretion can be reasoned with here and there with the chief.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Filed: AOS (apr) Country: Cyprus
Timeline
Posted

To elaborate, I have seen a CO insisting on returning a case because the beneficiary had a 9 year old different prior petitioner. The CO believed this to be

the requirement and regulation. After a senator was immediately involved the decision was overturned and the visa issued.
Fact was the CO acted "in error" and was told not so fast you are wrong.

The case was NOT required to be returned for review as wrongly assumed by the CO.

CO's are people. People make mistakes.
Though he has discretion, kindly but firmly reminding him and bringing it to the attention to the chief who signs off, that the co sponsor has only to count his own household and the immigrant and not the USC and the USC's entire household. Supply the printed regulations to them.

Offer a binding I-864 from the co sponsor as an option. They may go for it.
I would fight this and not just walk away.

Key is to remain calm, cool and collected yet confidently assertive and avoid any display of emotion and drama.
Consult (not hire) a good lawyer for quick tips that could make or break this in the next few days.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

 
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