K1 Visa Denied (Questions and Advice)

[PolarBearCBB 1]

Girlfriend returned from her interview and was rejected. Very devastated.

They said my income was too low.

The details:

Tax Return filed in 2015 only has 4 months of work ($3300.00) worth. I just b started last year October of 2015.

When I file taxes again this year I'll have about $33,000-$35,000.00 on the W2.

I the petitioner currently reside with my mother who is disabled and draws SSI benefits; she takes care of herself and all utilities. Not a dependant, and doesn't pay taxes.

Me and my girlfriend aren't engaged.

In about 6 months from now will have been 2 years since we met. So I have to fly to see her again.

My paystubs now show a gross income total of $31,000.00

I have a charge on my police record, 3rd degree DV. Basically it was verbal and I destroyed some property of my mother's in a argument 8 years ago when I 18.

Also the Thai embassy doesn't allow Co sponsors for K1 Visa.

So I need advice should we start another petition, do I need a lawyer, do I make enough money for a household size of 2-3. Anything that's a problem? Do guys have any questions for me?

All help is very appreciated!!

[Penguin_ie 5,993]

You make enough money, what did you show to prove that?

What do you mean you are not engaged? You must be engaged and ready to marry for the K1.

[Ash.1101 1,756]

Do you mean you aren't formally engaged like a ring and a proposal?

You need to be engaged in the ways that even if you have no ring, that you plan on marrying her within 90 days of her coming into the country, also known as, being engaged. If she said ya'll weren't engaged that right there would deny you, or she called you her boyfriend too much. You had to send a intent to marry letter, that is literally you saying you are engaged to marry this person.


What proof of income did you have? Did you include say 4-6 paystubs for this year, employer letter detailing if it's a permanent position, temp position, and how much you have earned and/or projected to earn for the year? Could even provide bank statements showing deposits per month.


If you sent plenty of proof showing that you CURRENTLY make enough, it could be multiple things that got her denied, but they only need to have one reason. Her saying she's your girlfriend and you're her boyfriend and NOT fiance, and you having a DV charge could make them deny on basis of, well you don't get a K1 visa if you're not engaged, and they could have denied based on welfare of your girlfriend. They don't need to list ALL the reasons for denial, they really only need one.

Edited December 15, 2016 by Ash.1101

[javadown2 308]

Lots of weird red flags, you asked about household of 2-3, which is it? Also like others are saying why did you say your not engaged? Sounds like your income just needed to be verified a little more in detail to include more pay stubs/bank account deposits and any other things to qualify as income.

[PolarBearCBB 1]

You make enough money, what did you show to prove that?

What do you mean you are not engaged? You must be engaged and ready to marry for the K1.

Bank Statement, Employer Statement of Employment, Employer's Statement of Income, 3 months of Paystubs, Tax Return (but it only showed 4 months of work, instead of the full 8-11 months of work. About a $27,000.00 difference). On the I-134 I had to estimate my total income for the year. I guess that, and the fact the Tax Return was only 4 months worth was the reason that they said the income was too low which I think is the reason that they denied it.

I meant that we weren't formally engaged like with a ring and such. But we had the letters of intent and we were defnitely wanting to get married.

[PolarBearCBB 1]

Do you mean you aren't formally engaged like a ring and a proposal?

You need to be engaged in the ways that even if you have no ring, that you plan on marrying her within 90 days of her coming into the country, also known as, being engaged. If she said ya'll weren't engaged that right there would deny you, or she called you her boyfriend too much. You had to send a intent to marry letter, that is literally you saying you are engaged to marry this person.

What proof of income did you have? Did you include say 4-6 paystubs for this year, employer letter detailing if it's a permanent position, temp position, and how much you have earned and/or projected to earn for the year? Could even provide bank statements showing deposits per month.

If you sent plenty of proof showing that you CURRENTLY make enough, it could be multiple things that got her denied, but they only need to have one reason. Her saying she's your girlfriend and you're her boyfriend and NOT fiance, and you having a DV charge could make them deny on basis of, well you don't get a K1 visa if you're not engaged, and they could have denied based on welfare of your girlfriend. They don't need to list ALL the reasons for denial, they really only need one.

Yes, I meant we weren't formally engaged, but we defnitely wanted to get married and had our letters of intent and all. I don't think she referred to me as boyfriend during the interview. Probably by first name mostly.

Bank Statement of Deposits, Employer Statement of Employment, Employer's Statement of Income, 3 months of Paystubs, Tax Return (but it only showed 4 months of work, instead of the full 8-11 months of work. About a $27,000.00 difference). On the I-134 I had to estimate my total income for the year. I guess that, and the fact the Tax Return was only 4 months worth was the reason that they said the income was too low which I think is the reason that they denied it. It's what they told my fiancee.

[PolarBearCBB 1]

Me and Fiancee. The household size is 2. My mother doesn't count because she is disabled, pays for herself, not a dependant and also people who draw SSI Disability benefits don't pay taxes. So the embassy shouldn't use her in their consideration anyways. What would qualify as proof of deposits to accounts? I did like the bank statement, but guess I could have also gotten proof of deposits too.

[PolarBearCBB 1]

So does anyone know when or how I can start a new Petition for K-1 Visa?

[f f 725]

there is no point starting a new one until you can address the reason why this one was denied or else you will just be rushing off to another denial.

[Penguin_ie 5,993]

You can withdraw and start a new one right away, but as mentioned, unless you do something about the red flags, you may well get denied, especially as you are effectively adding another red flag (not having seen eachother for almost 2 years, which is considered unusual for a bonafide couple).

Personallly, in your shoes I'd meet once more before filing again, perhaps have a small engagement ceremony and take pictures to show.

[USC1961 251]

Yes, I meant we weren't formally engaged, but we defnitely wanted to get married and had our letters of intent and all. I don't think she referred to me as boyfriend during the interview. Probably by first name mostly.

This is a very good reason for denial. Not formally engaged for all intents and purposes means not engaged. I wasn't there at the interview, but if she said this even once it could be another reason for denial.

Regardless the reason listed makes total sense after reading your posts. You haven't done a good job convincing me and I would have denied you in fear that your gf would become a public charge. I don't know you personally, but just reading your posts you list several factors that would strongly lead me to believe so:

1. You live with your mom and she collects SSI. It would look much better if you lived on your own. The fact that your mom collects SSI isn't a point in your favor. As you are benefiting as a member of the household.

2. You have a DV violence charge on your police record. Unfortunately this makes you less employable.

3. You have worked less than a year. In most cases this wouldn't be a huge factor. However this fact together with points 1 and 2 would put further doubt in my mind.

Yes you make $31,000, but the aforementioned facts would make me very hesitant. Earning that much and not living in your own place shows there may be some barriers stopping your from getting housing. Credit, evictions, police background checks etc. Like I said before, I don't know you personally. And I don't mean to sound harsh, however you need to make a stronger case all around it looks like. I wish you well.

Edited December 15, 2016 by Cruise77

[Randyandyuni 2,682]

Me and Fiancee. The household size is 2. My mother doesn't count because she is disabled, pays for herself, not a dependant and also people who draw SSI Disability benefits don't pay taxes. So the embassy shouldn't use her in their consideration anyways. What would qualify as proof of deposits to accounts? I did like the bank statement, but guess I could have also gotten proof of deposits too.

Get a letter from your employer on company letterhead that states your income and status

[ZoeUK1989 35]

When it comes to income I think it depends on what you have given her to prove you current income not past earning although they still want that tax return.

I provided a tax return that was too low, Letter from employer, pay stubs and bank statements to show deposits. This was enough for them.

I agree with Cruise77, It seems there was potential for a few red flags in your case. If your girlfriend/fiance (However you would like to describe her) mentioned that you're not engaged, whether she meant it this way or not, I can see why they would stop your process. I mean after all that is the point of the K1 visa.

I think one thing everyone has to be careful of when interviewing is the terminology in which they are speaking. Calling you her boyfriend would probably raise suspicions, the same as if she happened to mention your mother was disabled without mentioning that she is not a dependant.

If you provided all these things like pay stubs and letter from employer i am unsure as to why you would have been denied due to income...

[Amy_and_Victor 159]

I think the problem with income is that you're making enough money to meet the requirements for only a few months, that's not long enough and in this case people often need a co-sponsor. As far as I know CO wants to see not only current income but also some history of it as a proof that it's stable, so at least for the last year or even better starting with the last tax return that shows enough income supported by current pay stubs. If you started to make enough money only in the last 4 months and don't have a co-sponsor it's a red flag and I'm sure that's what caused a denial if they said the reason is your income.

- Victor from Russia

Edited December 15, 2016 by Amy_and_Victor

[DelilahBrz 48]

I think the #1 problem is you are not engaged.