Visa REFUSED...

[Ontarkie 14,221]

~~Many Post removed for being judgmental, and/or off topic, if you cannot offer any advice for this situation refrain from replying. One member also thread banned.~~

[Tahoma 2,292]

Thanks, Tahoma.

My mom's documents are with my fiance. However my affidavits and my tax transcripts and all of that, was taken by the CO.

So should I just do my portion and they submit my mom's with it? My mom said she will write a letter to explain that she and her husband can provide for him if my income is not enough, so I will send that with the new paperwork.

Also, would his parents transferring money to his bank and get an affidavit from a lawyer will justify that?

In my opinion, your fiancé should submit everything on the list all at once, even those documents that have already been submitted. Everything. All at once.

Yes, include his parent's notarized letter and the bank account statement showing the balance. That's a good idea.

Your fiancé needs that visa. Don't rush. Slow down. Take a deep breath. Do it right. Be thorough. You can do this.

[DavenRoxy 1,073]

If it's not too personal of a question, what % was your income compared to % poverty level for household size? Trying to establish a "norm" for USEM here. Another person was rejected that had 109%...

Very sorry to hear your story. here's hoping you guys can justify things with USEM. Don't forget, a second car can be used as an asset, as well as a home that has equity in it. This is normally only needed for AOS purposes after marriage, but perhaps those things might help you guys too, in addition to what Tahoma listed for you.

[Juliet and Steve 93]

You wrote: The consul apparently also said that they need to send the paperwork in again with more 'supporting documents'.. I am also currently working as a part-time server which makes $3/hr and no definite hrs, and I just started doing that, so I didn't get to provide an employment verification.

Nobody seems to be looking at the fundamentals here.

You need, definitively, 125% of poverty level income for a family of three.

Your part-time server with no definite hours = $0.

I don't mean to be rude but you need to prove consistency.

Now I realize that servers can earn $3/hour and make $20/hour in tips. But if so--then your 1040 shows that and is definable. So if on your 1040, form W2 in category "tips and other income" you, for instance reported tips of let's say $12,000. Then that will be accepted as income--but if on your last W2 zero is entered, then the official will consider the income from this job as zero.

Do you keep a tip diary, you can use Federal Form 4070A, Employee's Daily Record of Tips. The Tip diary, if you kept one can substantiate exactly what your server job was worth (earned) for the last calendar year, or previous months.

Since many servers do not declare extra tips--then essentially this job, being without definable hours is worth zero.

If so, then all income to meet the 125% MUST come from the other job. If not then you do not meet the requirements and will be judged, like it or not, as "likely to become a public charge."

How to correct this:

Analyze exactly what your server job is really worth--in substantiate-able income and then wait till next year, report tip income and then this income becomes verifiable. Let's call this "Income x."

Then take 125% of poverty level income required for a family of three, and from this amount subtract the Court job since that is definable via the W2.

Then take (you can do this with last years W-2 but I suspect it will not work) your W2 in February 2014 which shows "tip and other income," and deduct this from the above.

If 125% of poverty level income minus the Court job minus "Income x" (the verifiable tip income on W2) and if greater than zero, you meet the requirements.

If not, then go to RP, get married (as others have posted) and use mom as a co-sponsor.

[Tahoma 2,292]

The poverty guidelines for K-1ers are not written in stone at the U.S. Embassy Manila. There have been many cases here on VJ where the visa was approved despite the sponsor not meeting the guidelines (and not having a joint sponsor).

Chinook and I personally know a young, educated Pinoy K-1 couple who were approved at the USEM last year. The petitioner had zero annual income, zero current income, zero assets, and lived at home with her parents. The USEM wouldn't accept the joint sponsor (her father). The petitioner did not attend the interview. They were approved anyway.

[krinamej 1]

In my opinion, your fiancé should submit everything on the list all at once, even those documents that have already been submitted. Everything. All at once.

Yes, include his parent's notarized letter and the bank account statement showing the balance. That's a good idea.

Your fiancé needs that visa. Don't rush. Slow down. Take a deep breath. Do it right. Be thorough. You can do this.

We're getting everything done accordingly, thanks, Tahoma!!!

[krinamej 1]

If it's not too personal of a question, what % was your income compared to % poverty level for household size? Trying to establish a "norm" for USEM here. Another person was rejected that had 109%...

Very sorry to hear your story. here's hoping you guys can justify things with USEM. Don't forget, a second car can be used as an asset, as well as a home that has equity in it. This is normally only needed for AOS purposes after marriage, but perhaps those things might help you guys too, in addition to what Tahoma listed for you.

My first job, before the Obamacare took an effect, I was making around $450 per two weeks. Then, when that ####### took effect, they cut my hours down and I am now making no more than $300 per two weeks. If you base my annual income from what im making right now, it'll be around $12,300/year.. still not enough. I wish I had a car, but sadly, I don't. I was planning on buying it once he gets here.

[krinamej 1]

You wrote: The consul apparently also said that they need to send the paperwork in again with more 'supporting documents'.. I am also currently working as a part-time server which makes $3/hr and no definite hrs, and I just started doing that, so I didn't get to provide an employment verification.

Nobody seems to be looking at the fundamentals here.

You need, definitively, 125% of poverty level income for a family of three.

Your part-time server with no definite hours = $0.

I don't mean to be rude but you need to prove consistency.

Now I realize that servers can earn $3/hour and make $20/hour in tips. But if so--then your 1040 shows that and is definable. So if on your 1040, form W2 in category "tips and other income" you, for instance reported tips of let's say $12,000. Then that will be accepted as income--but if on your last W2 zero is entered, then the official will consider the income from this job as zero.

Do you keep a tip diary, you can use Federal Form 4070A, Employee's Daily Record of Tips. The Tip diary, if you kept one can substantiate exactly what your server job was worth (earned) for the last calendar year, or previous months.

Since many servers do not declare extra tips--then essentially this job, being without definable hours is worth zero.

If so, then all income to meet the 125% MUST come from the other job. If not then you do not meet the requirements and will be judged, like it or not, as "likely to become a public charge."

How to correct this:

Analyze exactly what your server job is really worth--in substantiate-able income and then wait till next year, report tip income and then this income becomes verifiable. Let's call this "Income x."

Then take 125% of poverty level income required for a family of three, and from this amount subtract the Court job since that is definable via the W2.

Then take (you can do this with last years W-2 but I suspect it will not work) your W2 in February 2014 which shows "tip and other income," and deduct this from the above.

If 125% of poverty level income minus the Court job minus "Income x" (the verifiable tip income on W2) and if greater than zero, you meet the requirements.

If not, then go to RP, get married (as others have posted) and use mom as a co-sponsor.

I just started working there, and I was only supposed to work every Fridays til one of the servers have to quit because he was too busy with med school, he can't keep up anymore.. so they're trying to give me more hours. And I actually just signed the e-verify form two weeks ago. I don't know how I'm gonna do it with that job, but I will try my best to get it done. Thank you so much.

[krinamej 1]

The poverty guidelines for K-1ers are not written in stone at the U.S. Embassy Manila. There have been many cases here on VJ where the visa was approved despite the sponsor not meeting the guidelines (and not having a joint sponsor).

Chinook and I personally know a young, educated Pinoy K-1 couple who were approved at the USEM last year. The petitioner had zero annual income, zero current income, zero assets, and lived at home with her parents. The USEM wouldn't accept the joint sponsor (her father). The petitioner did not attend the interview. They were approved anyway.

I don't know who that person is but what the flying rat's face?!? Are you serious?!? Now, I know I know nothing about them, but there are so many fraud people, why is it that we have to go thru this when we have a bonafide relationship and have a kid together and all? *sigh*

Oh well.

[Tahoma 2,292]

I don't know who that person is but what the flying rat's face?!? Are you serious?!? Now, I know I know nothing about them, but there are so many fraud people, why is it that we have to go thru this when we have a bonafide relationship and have a kid together and all? *sigh*

Oh well.

Over the years, I've noticed that the USEM many times gives a break to young, educated Pinoy couples who don't meet the poverty guidelines, and the USEM tends to be willing to accept their joint sponsor, especially when it's one of the petitioner's parents. Those consular officers know that a Pinoy's parents, without a doubt, will support the young couple. That's what surprises me about your case...you fit the mold, yet you were not approved (yet).

[DavenRoxy 1,073]

Good point Tahoma. Kat, does RJ's family make any money, and would they be willing to show support for him, perhaps in addition to your parents here in the US?

I know it's hard to pull money out of thin air, and unfortunately, the governments don't seem to care about young love nor whether you are sincere to each other, if the income minimums (which vary, unfortunately; USEM told me in an email they require 100%, but another couple got turned down because the petitioner was at 109%. BS, if you ask me, but what can we do about it?) But you will get there, if you just work towards it.

I know the idea of having to wait is not what you want to consider now, but IF you cannot come up with the require income now, both of you keep working, have him send you money so you can put it into savings (might be better to save it in the PI, cuz they have better interest rates than the US banks, normally), and build that savings until it boosts your income to the point USEM can't say no.

Stay true, it will all come together eventually. Best case scenario, you will have more provable income, and will get a "nicer" CO next time. Unfortunately, it has more to do with the CO than any set standard rule, from what I have seen over the past 3 years.

[A and T 82]

"Obamacare" didn't cut your hours, your employer did. You can always marry and use a co sponsor.

[DavenRoxy 1,073]

"Obamacare" didn't cut your hours, your employer did. You can always marry and use a co sponsor.

The marry and co-sponsor has been repeated several times, but thanks.

And if you think Obama is not responsible for MANY hour reductions, think again. GS employees haven't had a raise in 5 years, and all government employees (except military, they only took 0.5~1.5% pay cut) took a 20% pay cut for several months this year. I'm sure that has bled over to the civilian community as well.

[krinamej 1]

Good point Tahoma. Kat, does RJ's family make any money, and would they be willing to show support for him, perhaps in addition to your parents here in the US?

I know it's hard to pull money out of thin air, and unfortunately, the governments don't seem to care about young love nor whether you are sincere to each other, if the income minimums (which vary, unfortunately; USEM told me in an email they require 100%, but another couple got turned down because the petitioner was at 109%. BS, if you ask me, but what can we do about it?) But you will get there, if you just work towards it.

I know the idea of having to wait is not what you want to consider now, but IF you cannot come up with the require income now, both of you keep working, have him send you money so you can put it into savings (might be better to save it in the PI, cuz they have better interest rates than the US banks, normally), and build that savings until it boosts your income to the point USEM can't say no.

Stay true, it will all come together eventually. Best case scenario, you will have more provable income, and will get a "nicer" CO next time. Unfortunately, it has more to do with the CO than any set standard rule, from what I have seen over the past 3 years.

Well, his dad is the only that works, but he makes a lot of money.. his mom stays home because they also have a computer shop. Yup, that's what his dad told me yesterday morning. Then, last night (morning time there), he went with his mom to open a bank account for them, and put money in there and get a bank certificate to show that he can be supported by his parents.

If that still doesn't work out, our son and I might have to go back to the PI..

Thank you DavenRoxy!!!

[krinamej 1]

"Obamacare" didn't cut your hours, your employer did. You can always marry and use a co sponsor.

The marry and co-sponsor has been repeated several times, but thanks.

And if you think Obama is not responsible for MANY hour reductions, think again. GS employees haven't had a raise in 5 years, and all government employees (except military, they only took 0.5~1.5% pay cut) took a 20% pay cut for several months this year. I'm sure that has bled over to the civilian community as well.

Eeh, yeah.. my point exactly. It's freaking insane. And if you think that I'm the only one blaming Obamacare for this, maybe you should consult with people with no jobs or part-time workers.