K1 Interview denied

[NigeriaorBust 4,087]

They are not required to consider anything additional and they made their decision based on their guidelines. If the petitioner was tight financially then they should have taken care of it at the front end of the petition,

[Unidentified 2,930]

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%+

You have only had a job for 2 months, doesn't prove anything. They do not take the immigrants ability to work in the US into consideration as when she comes here on a K1 she won't be able to work for at least 90 days when she gets her work permit. And even though she might have a good education and skills doesn't mean she will have a great chance of getting a job here. A lot of places wants to see work experience from the US. I've seen so many highly educated, highly skilled immigrants on here who find that the only job they can get is a low paying job in retail.

[ninz 14]

We have same situation, my interview is approaching, my fiancé returned to US from Thailand and only 6 months ago he started to make some money as independent contractor (seasonal: min 2.5K and max 5.5K per month)

This is what US embassy Bangkok replied when I described situation. I can't understand what it says, can you use co sponsor or not? But I understood that to determine they must evaluate financial situation at interview and not just i134 alone:

"The Affidavit of Support is not legally binding for K1 visas. The Immigrant Visa Unit will make determination about this during the visa interview. However, if you plan to use a co-sponsor, please take time to note that:

p EVIDENCE OF FINANCIAL SUPPORT: The petitioner must present evidence that neither the applicant nor any dependent children (if applicable) will become a public charge in the United States. A Form I-134, Affidavit of Support signed by the petitioner must be submitted with a copy of the petitioners most recent year tax return (Form 1040). An IRS tax transcript may be submitted in lieu of the tax return and is available online at http://www.irs.gov/Individuals/Get-Transcript. The petitioners income must meet the Poverty Guidelines. More instructions on how to file the form I-134 can be found here.

· If your petitioning fiancé(e) submitted a Form I-134 with your petition over one year before your interview date, it must be updated and include a copy of the most recent year income tax return.

· Note for Petitioners Residing Abroad: For petitioners who have been residing outside of the United States, you must meet the domicile requirement. To do so, you must demonstrate that you have maintained continuing ties to the United States and/or taken steps to reestablish your residence in the United States. Information about your planned return to the United States, including a six-month timeline and evidence of your efforts to reestablish your residence, should be provided. More details on domicile can be found here.

Regards,

Immigrant Visa Unit

U.S. Embassy Bangkok"

Edited December 7, 2016 by ninz

[Rob&Ouy 0]

I don't know. They just seem to go out of their way to make things difficult. I hope your interview go better then ours did. I've contacted my senitor, and he has put me in the hands of his immigration liaison. She is trying to help me get it all squared away.

[Rob&Ouy 0]

I've been working for 7 weeks at my new job. would a letter from my employer be efficient for approval? It's no tax return but would show i am employed an making 22k a year.