Visa REFUSED... Again. Didn't even go thru AP/AR.

[dwheels76 5,468]

So, I got an email from my fiance's mother this morning saying that I need to call her husband ASAP.

I called and I couldn't understand why he was proposing to me that we (my son and I) need to go back home to the Philippines. So I called my fiance's mother and ask. Apparently, they got an email two days ago saying that the visa is refused again, and on the document, the one that is checked is, "You have not established an adequate financial blah blah blah", when I have sent a letter, and pay stubs from my second employer this time around. Included my mother and stepfather's I-864 and I-134, tax papers and pay stubs.

My question is, is it even possible for them to refuse the Visa without putting it on AP/AR? Because ever since we submitted more docs, I have been checking the status to see if it has been updated, and on the 15th, it was updated again to Refused, but I thought someone just touched it, not reviewed it.

What would be the possible reason why we keep getting refused, when there are others who are getting approved under SS, or no annual income and stuff like that?

Since we're refused, it is possible to apply for IR1/CR1 right? But I am really getting discouraged. I don't wanna apply if we're gonna go thru this one more time. The wait is long, the money doesn't just grow on trees. #######?!?!

Let me ask your co-sponsors do they meet the 100% guideline or the 125% guideline? I hear that for many they want to see co-sponsors meet 125% and it helps to have not just I-134 but also a I-864 which is a contract and binding. Maybe that will help.

[krinamej 1]

Let me ask your co-sponsors do they meet the 100% guideline or the 125% guideline? I hear that for many they want to see co-sponsors meet 125% and it helps to have not just I-134 but also a I-864 which is a contract and binding. Maybe that will help.

We were looking at the 125%, I didn't know there was a 100% guideline? We submitted my mom's and stepdad's, and they both meet the 125% guideline. We also submitted I864's for both of them. I just don't understand. We all put everything out already.

[dwheels76 5,468]

We were looking at the 125%, I didn't know there was a 100% guideline? We submitted my mom's and stepdad's, and they both meet the 125% guideline. We also submitted I864's for both of them. I just don't understand. We all put everything out already.

WOW I am at a lost than. Do they meet the guidelines for current and last year? I know CO's can be picky with this. In Nigeria they deny all the time if co-sponsors didn't meet guidelines last year but are cool currently. Go figure.

Can you maybe go to embassy and see if you can talk to a CO and get some clarity? I am sorry..

[krinamej 1]

WOW I am at a lost than. Do they meet the guidelines for current and last year? I know CO's can be picky with this. In Nigeria they deny all the time if co-sponsors didn't meet guidelines last year but are cool currently. Go figure.

Can you maybe go to embassy and see if you can talk to a CO and get some clarity? I am sorry..

Yes. My mom was even a joint sponsor for my uncle and cousin last year.

I'm in America, I'm the petitioner. Besides that, my problem now is the airfare to go back to the Philippines. We've got some covered, but $800 short, and I know for a fact I can't make that within next month. Since, we've decided to just get married. Maybe, if I go there, I will go to the Embassy and ask.

Thank you tho!

[Aztec&Taino 144]

Yes, they can refuse you outright without putting you un AP. Before you even get married I would make sure that you fix the reason why you were refused. Was the affidavit of support not sufficient to support your fiancé? After a K1 refusal it would make more sense to get married and go that route. Keep building evidence and a better case for next interview.

Best wishes!

[QueenE 174]

Is it possible they counted your uncle and cousin in figuring if your sponsors meet the guidelines?

[aaron2020 11,651]

Is it possible they counted your uncle and cousin in figuring if your sponsors meet the guidelines?

All previous immigrant that the Joint Sponsor has an I-864 obligation for is counted. The uncle and cousin are counted in her mom's household count.

[aaron2020 11,651]

Krinamej - are you sure that your mother meets the 125% poverty line for her household count?

How much does your mother make? How many people are in her household count?

Her household count will include; herself, her spouse, any tax dependents, any minor children, and any immigrant she has an I-864 obligation for.

Look at the numbers you get and then look at the poverty line on the 2013 I-864p. Look at the 125% poverty line.

[Caryh 5,206]

Accepting a co-sponsor for a K-1 is entirely up to the discretion of the CO at the embassy. It could be because your mother is already on hook with an obligation to your uncle and cousin, that the CO thinks two is enough, I'm not accepting another one. They must accept co-sponsors when its a CR-1 or IR-1 visa. But you better look into the household size and income of your mother. She also must add in your uncle and cousin as well as anyone else in the household. You don't want to go get married and apply again depending on her co-sponsorship only to find you forgot to add in two other people that must be counted and she now no longer reaches the 125% required. Is she declaring you and your child on her taxes too? That also could be upping the household count.

[KayDeeCee 4,893]

Since we're refused, it is possible to apply for IR1/CR1 right? But I am really getting discouraged. I don't wanna apply if we're gonna go thru this one more time. The wait is long, the money doesn't just grow on trees. #######?!?!

Yes, it is possible to get married and apply for a CR-1. Joint sponsors are accepted for a spousal visa. However, you need to make sure your joint sponsor does in fact meet the 125% requirement for their own household size plus the intending immigrant. It seems as though your mom has 2 other family members to count in her household because she sponsored them last year. Also, if your mom and her husband have enough to meet the requirement if they combine their incomes, then one can fill out an I-864 and the other an I-864A. That will allow them to use their incomes combined together.

[krinamej 1]

Krinamej - are you sure that your mother meets the 125% poverty line for her household count?

How much does your mother make? How many people are in her household count?

Her household count will include; herself, her spouse, any tax dependents, any minor children, and any immigrant she has an I-864 obligation for.

Look at the numbers you get and then look at the poverty line on the 2013 I-864p. Look at the 125% poverty line.

Yes. We checked it. My uncle and cousin was listed on the I-134. She was just a joint sponsor (not even the primary), they live in LA and we're in ATL.

My mother makes, $45000+/year and my stepfather makes $41000+. On the I-864, she put herself, my stepdad, and my two siblings and of course, my boyfriend, 'cause that's pretty much all there is to it. My other brother lives with us, but is independent in terms of financially. Well, he barely lives with us.

[krinamej 1]

Accepting a co-sponsor for a K-1 is entirely up to the discretion of the CO at the embassy. It could be because your mother is already on hook with an obligation to your uncle and cousin, that the CO thinks two is enough, I'm not accepting another one. They must accept co-sponsors when its a CR-1 or IR-1 visa. But you better look into the household size and income of your mother. She also must add in your uncle and cousin as well as anyone else in the household. You don't want to go get married and apply again depending on her co-sponsorship only to find you forgot to add in two other people that must be counted and she now no longer reaches the 125% required. Is she declaring you and your child on her taxes too? That also could be upping the household count.

But, she wasn't even the primary sponsor, she was just a secondary sponsor just to have on paper that they will not be public charge. They're not even here in ATL, they're in LA. There's only 4 of them that she put on the I-864, that's living in the house. My brother and I just live there, we're independents. My brother barely lives in the house. She doesn't declare me or my child on her taxes.

But how come, my stepdad? Since we submitted separate forms for him as a co-sponsor, how come they didn't take him?

[dwheels76 5,468]

But, she wasn't even the primary sponsor, she was just a secondary sponsor just to have on paper that they will not be public charge. They're not even here in ATL, they're in LA. There's only 4 of them that she put on the I-864, that's living in the house. My brother and I just live there, we're independents. My brother barely lives in the house. She doesn't declare me or my child on her taxes.

But how come, my stepdad? Since we submitted separate forms for him as a co-sponsor, how come they didn't take him?

Okay I count 7.Am I wrong.? And you are the primary sponsor anyway.

You said Mom, Stepdad, 2 siblings, than there's cousin and uncle and fiance' thats 7. The guideline is $44512. So I think this is the issue. Mom is barely over the limit and stepdad doesn't have enough. Or did they combine their incomes?

Did you use both their incomes or just mom?

Edited October 17, 2013 by dwheels76

[dwheels76 5,468]

My mother makes, $45000+/year and my stepfather makes $41000+. On the I-864, she put herself, my stepdad, and my two siblings and of course, my boyfriend, 'cause that's pretty much all there is to it. My other brother lives with us, but is independent in terms of financially. Well, he barely lives with us.

This is the problem. You said she just listed 4. She forgot the uncle and cousin they will be counted in the household for immigration purposes for the next 10 years. So thats 7 people she needed to total up to. Your steofather doesn't meet the guideline and she is barely over the guideline. They need to combine their incomes to meet the guideline.

[krinamej 1]

This is the problem. You said she just listed 4. She forgot the uncle and cousin they will be counted in the household for immigration purposes for the next 10 years. So thats 7 people she needed to total up to. Your steofather doesn't meet the guideline and she is barely over the guideline. They need to combine their incomes to meet the guideline.

Okay I count 7.Am I wrong.? And you are the primary sponsor anyway.

You said Mom, Stepdad, 2 siblings, than there's cousin and uncle and fiance' thats 7. The guideline is $44512. So I think this is the issue. Mom is barely over the limit and stepdad doesn't have enough. Or did they combine their incomes?

Did you use both their incomes or just mom?

We were told not to put them because they do not live with us. That's what we were told. Because when I called USCIS before I filed, they told me not to worry about it, because it's a K1 and we're not supposed to use I-864 with it, but I asked anyway. And since she was just a secondary sponsor, the guy who I spoke with said it's okay to not put them on the I-864. But my uncle and cousin were put on the I-134.

I used both incomes.