K1 Interview denied

[Rob&Ouy 0]

My fiancee just had her K1 interview and she was denied. They told her she would be a public charge, I don't make the 125% threshold. So my dad cosponsor. He meets 150% Of required income as well as his assets, Home, stocked ect.Everything was sent as requested and met over the minimum. They also canceled her B2 visa. What do we do from here?

[NigeriaorBust 4,087]

Some embassy do ot accept co sponsors for K1 visas. Read reviews to see if that is the case there. Also check to see if they have a different policy for CR1. Otherwise you need to get a better paying job or a second job

[Hypnos 6,576]

They don't have to accept joint sponsors for a K-1, and so many embassies don't.

They do have to accept them for a CR-1/IR-1, so you can get married and then file for a CR-1 if you have no other choices.

[Pitaya 2,577]

~Moved from K1 Process to K1 Progress Forum~

[ninz 14]

What surprises me about Thai embassy is that their website is pointing at 150%(!) minimum requirement for K1 visa applicants

When i emailed them about that, i asked them why you are the only embassy in the world who is asking 150%? i also thought that this is mistake

they didn't answered.

Edited November 30, 2016 by ninz

[ninz 14]

if you tell more about your situation and about your fiance, some members might give you advice e.g find better paid job, get senator involved, present other proofs

In General

CLASSIFICATION:

• Under INA 212(a)(4). Public charge.
  • Under INA 212(a)(4)(A). In general.

BRIEF DESCRIPTION: The beneficiary is likely at any time to become a public charge.

DETAILS:

1. The alien is considered likely to become a public charge if it is the opinion of the consular or INS officer
at the time of application.

2. Under INA 212(a)(4)(B)(i) – The officer shall at a minimum consider the alien's –

(I) age;

(II) health;

(III) family status;

(IV) assets, resources, and financial status; and

(V) educaltion and skills

3. Under INA 212(a)(4)(B)(ii) – In addition, the officer may also consider:

• capacity to earn income
• employment history
• public assistance history.
• any affidavit of support,
• any other factor.

4. The following categories are required to have affidavits of support (Form I-864):

• Under INA 212(a)(4)© – all family-based immigrants (immediate relatives, family preference immigrants, and orphans), if they file applications on or after December 19, 1997, and

• Under INA 212(a)(4)(D) – employment-based immigrants who are coming to work for relatives or for companies where relatives of the immigrant own 5 percent or more of the company.

For more information, see 'Public Charge'.

[Rob&Ouy 0]

She has a Masters in Civil Engineering and has been working for the same construction company for almost 10 year. As for me, i was disabled from the work force for many years. I started back up work last month. My income is now not a problem. I contacted the embassy 3 times already with only 2 generic copy and past replays that do nothing. I call but the receptionist says nobody is allowed to talk to me over the phone and that i can only use email. So how can i talk to anyone there if they dot even take the time to give me a proper reply?

I did contact mt senator yesterday and he led me to his immigration staff to help. I was emailed a form to fill out. When I mail it back should i include all my documentation for my K1 as well?

Edited November 30, 2016 by Rob&Ouy

[ninz 14]

i think they dont want to look at totality of circumstances at all (means do their job and check all other evidences, secondary proofs etc), its easier to deny for them

senator could try to reason with them and ask for second review of your application by superviser officer or consul

you only have to describe in the form your situation and what is your point and how senator could help you. Anything he needs from you, he would ask. It would be nice if he would call them in person

this is not 100% info, this is what i learnt from reading this forum

[Rob&Ouy 0]

I think you are correct on the interview and denial. She was never questioned. Only looked though her papers and handed her her denial letter. And gave her passport back to her with a big stamp over it that says cancelled without prejudice. I just pray my senator can help me, if he even tries.

[Rob&Ouy 0]

Least the could of done was not cancel her B2 so she could at least visit, until we try to fix this. It's been 14 months since her last visit and we are both already going crazy.

[ninz 14]

i'm shoked that they didnt tried to work this out, like in most cases, ask for additional stuff, assets, etc

they often crossing a line on how they treat foreign nationals and this behaviour should be reported and stopped

they all need a proper re training

this is so totally against her human rights and against your constitutional rights

BKK embassy is getting worse..the more i learn about bangkok, the more i think im moving my case to my country embassy, because my US fiance only recently started to make decent money and we included his mom co sposnsor in packet 3..no i rather go to Paris

hold on in there, nobody cant overturn denial or appeal but i have heard about situations that sometimes second review was granted and visa was granted after involement of congressman, senator etc

If you feel you were mistreated by an Immigration employee, or wish to make a complaint of misconduct by an Immigration employee, you may write to

Director
Office of International Operations
20 Massachusetts Ave., NW
Suite 3300
Washington, DC 20529

OR

Director, Office of Internal Audit
425 Eye Street, NW
Room 3260
Washington, DC 20536

it wont help the case but multiple complaints will be a reason to start investigation on them

[Californiansunset 336]

i'm shoked that they didnt tried to work this out, like in most cases, ask for additional stuff, assets, etc

they often crossing a line on how they treat foreign nationals and this behaviour should be reported and stopped

they all need a proper re training

this is so totally against her human rights and against your constitutional rights

BKK embassy is getting worse..the more i learn about bangkok, the more i think im moving my case to my country embassy, because my US fiance only recently started to make decent money and we included his mom co sposnsor in packet 3..no i rather go to Paris

hold on in there, nobody cant overturn denial or appeal but i have heard about situations that sometimes second review was granted and visa was granted after involement of congressman, senator etc

If you feel you were mistreated by an Immigration employee, or wish to make a complaint of misconduct by an Immigration employee, you may write to

Director

Office of International Operations

20 Massachusetts Ave., NW

Suite 3300

Washington, DC 20529

OR

Director, Office of Internal Audit

425 Eye Street, NW

Room 3260

Washington, DC 20536

it wont help the case but multiple complaints will be a reason to start investigation on them

How is a visa denial against her human rights or his constitutional rights?! It is neither a human right to be allowed to immigrate wherever you want nor is it a constitutional right of a US citizen to bring a foreign partner who is not even a spouse to the US without fulfilling the immigration requirements.

On a side note: except for Australia and Canada I don't know of ANY OTHER country who allows a partner who is NOT the spouse yet to be able to immigrate.

Or take a country like the U.K. Even if you are married and you want your spouse to immigrate with you NO sponsor is allowed and you have to make 20k pounds (25k US dollar).

Edited November 30, 2016 by Californiansunset

[Rob&Ouy 0]

So I just found out that she was not even interviewed. He only asked for her to come up when it was her time. He just take our papers we filed and went back and sat at a desk for about 5 mins looking over them then comes back when her declined and B2 visa canceled. Shouldn't there been an interview? you know questions asked about me and her and why we wish to marry?

Edited December 1, 2016 by Rob&Ouy

[Hypnos 6,576]

An interview happening won't change the financial issues.

[ninz 14]

there are financial issues but they were not given opportunity to present other stuff that might help to see the situation in different light

i134 alone does not determine everything, otherwise all those students and overseas travellers would never get K1 their visa

if the USC sponsor started to make decent money recently, they shall consider that and not how much he made in the past, and look at totality of circumstances and evaluate them, including wifes education and skills and ability to work in US, not just look at i134 alone. they must give a chanse at least discuss all other stuff

i know one couple who's application was put on hold, because sponsor started to make money past 6 months, they told them to wait another 6 months and submit updated i134 to show 125%+