K1 Visa Denied (Questions and Advice)

[Transborderwife 4,666]

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

there is no requirement to be formally engaged. just to haveconcrete plans to marry

[Amy_and_Victor 159]

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

There're no requirements for K-1 to be engaged. Couple has to have intent to marry each other but that's it, they may do it with no prior engagement. In some cultures engagement is not even a thing and I've never heard that you must be officially engaged to receive a K-1 visa.

- Victor from Russia

[Ebunoluwa 6,136]

Take a little bit of time to get your financial issues stable on paper, visit her again, file your taxes and file again

with the higher income showing and by then it has been a longer since you have been employed and more pay stubs to show.

You can also marry her there and file a CR1.

[dwheels76 5,468]

Did they outright deny her or giving you a space in time to submit updated Affidavit of support/ I sure would get this clarified with the embassy before you make a decision. Usually you get a year to fix affidavit of supports it depends. And tax season is coming up and your 2016 taxes will benefit you now. Or you can send your updated letter of employment and most current paystubs now to embassy see if they will look at them now and reconsider the situation.

Unless the denial was more than just the affidavit of support. Get the facts contact the embassy.

[Ash.1101 1,755]

Did they outright deny her or giving you a space in time to submit updated Affidavit of support/ I sure would get this clarified with the embassy before you make a decision. Usually you get a year to fix affidavit of supports it depends. And tax season is coming up and your 2016 taxes will benefit you now. Or you can send your updated letter of employment and most current paystubs now to embassy see if they will look at them now and reconsider the situation.

Unless the denial was more than just the affidavit of support. Get the facts contact the embassy.

Normally for K1, you have the time to send financial info that's a month old to three months old, so for the most part, pretty recent info.

If the consulate doesn't take cosponsors, then they will just immediately deny, your financial situation normally doesn't change THAT much between the time you gave them info at the interview, which is usually dated recently, and shortly after the interview. In this case, his situation didn't change, he simply didn't have enough proof of income for them to consider it. With a tax return last year of 4k, and three months worth of paystub and an employer letter, the best thing he could have added was a bank statement showing monthly deposits for the last six months to back up he is in fact getting X amount of money per month. Some consulates will also just look at the tax returns and take them at face value.

If it's a consulate that takes cosponsors, they will do a 221g with consideration and mark a new I-134 from a cosponsor as what they want to complete the process.

I do agree tho on finding out if there's ANYTHING else that may have hurt you.

Edited December 15, 2016 by Ash.1101

[IcezMan_IcezLady 582]

There is nothing as "formal" engagement.. You are either engaged or not. And to be engaged, you should have proposed marriage to her and she should have accepted it whether ring is involved or not.

If that part was missing then you are ineligible for a K-1.

[KayDeeCee 4,893]

Take a little bit of time to get your financial issues stable on paper, visit her again, file your taxes and file again

with the higher income showing and by then it has been a longer since you have been employed and more pay stubs to show.

You can also marry her there and file a CR1.

I concur.

They stated the reason that was that your income was too low, so not sure what all the speculation of denial is about.

Some consulates are more strict about the financials than others. What would work for one, may not work at another. It would be better if the same standards and requirements were used across the board at all consulates, but that is not the case. The CO has sole discretion about whether or not they believe the immigrant will become a public charge or not. Some COs will easily accept your current income proof, even if it is not shown on your past return, and some will refuse to. Again, it would be better if all of them had to decide based on the same requirements, but they have a lot of leeway in making their decisions.

Visit again, file your 2016 taxes, and refile. Or as mentioned, marry there when visiting and file for a spousal visa instead.

As for being engaged, if you were planning to marry within 90 days of her arrival in the US via the K-1 visa, then you are engaged and planning to wed. No formal engagement/party/celebration required, unless that is the norm for her culture.

[Myhusbandm1 0]

Most likely you need to file an other petition then a good Lawyer to fight and defenf you.

[Ebunoluwa 6,136]

Most likely you need to file an other petition then a good Lawyer to fight and defenf you.

No lawyer is needed to defend anything.

[PolarBearCBB 1]

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.

We did meet June/July of 2015, but its almost getting time for me to fly there and visit her again. I do agree that we should meet again, and also I want to probably do a formal engagement with Ring and all. Yes, I agree with the small ceremony and pictures.

[PolarBearCBB 1]

I concur.

They stated the reason that was that your income was too low, so not sure what all the speculation of denial is about.

Some consulates are more strict about the financials than others. What would work for one, may not work at another. It would be better if the same standards and requirements were used across the board at all consulates, but that is not the case. The CO has sole discretion about whether or not they believe the immigrant will become a public charge or not. Some COs will easily accept your current income proof, even if it is not shown on your past return, and some will refuse to. Again, it would be better if all of them had to decide based on the same requirements, but they have a lot of leeway in making their decisions.

Visit again, file your 2016 taxes, and refile. Or as mentioned, marry there when visiting and file for a spousal visa instead.

As for being engaged, if you were planning to marry within 90 days of her arrival in the US via the K-1 visa, then you are engaged and planning to wed. No formal engagement/party/celebration required, unless that is the norm for her culture.

Section 212 (a) (4) which prohibits the issuance of a visa to anyone likely to become a public charge.

*Warning: If you fail to take the action requested within one year following visa denial under section 221 G of the immigration and nationality act, section 223 G of the act requires that your application be cancelled.

Some parts from interview:

"Do you know about his police record?" She responded "Yes, about the 3rd degree DV charge with his mother." (occurred 8 years ago) Basically it was verbal harrassment and I tore up some furniture.

Their final word was "Its not about his police record. It's about his income its too low and the case is refused." They returned her passport and had her pick up all her documents. They said if I used a joint sponsor it must be a CR1.

When I file for 2016 it will be about $33,000 - $35,000.00, also i realized that when I make deposits I need to keep the deposit slips when i make deposits to my bank. This I forgot about and only had a bank statement totalling everything but no deposit slips. Additionally starting 2017, my company will have officially changed their name to another name entirely. Which they plan to keep the new name for a long time... This poses a problem I think in my case, and I am still unsure about how to handle the company changing its name.

[PolarBearCBB 1]

Normally for K1, you have the time to send financial info that's a month old to three months old, so for the most part, pretty recent info.

If the consulate doesn't take cosponsors, then they will just immediately deny, your financial situation normally doesn't change THAT much between the time you gave them info at the interview, which is usually dated recently, and shortly after the interview. In this case, his situation didn't change, he simply didn't have enough proof of income for them to consider it. With a tax return last year of 4k, and three months worth of paystub and an employer letter, the best thing he could have added was a bank statement showing monthly deposits for the last six months to back up he is in fact getting X amount of money per month. Some consulates will also just look at the tax returns and take them at face value.

If it's a consulate that takes cosponsors, they will do a 221g with consideration and mark a new I-134 from a cosponsor as what they want to complete the process.

I do agree tho on finding out if there's ANYTHING else that may have hurt you.

Section 212 (a) (4) which prohibits the issuance of a visa to anyone likely to become a public charge.

*Warning: If you fail to take the action requested within one year following visa denial under section 221 G of the immigration and nationality act, section 223 G of the act requires that your application be cancelled.

Some parts from interview:

"Do you know about his police record?" She responded "Yes, about the 3rd degree DV charge with his mother." (occurred 8 years ago) Basically it was verbal harrassment and I tore up some furniture.

Their final word was "Its not about his police record. It's about his income its too low and the case is refused." They returned her passport and had her pick up all her documents. They said if I used a joint sponsor it must be a CR1.

When I file for 2016 it will be about $33,000 - $35,000.00, also i realized that when I make deposits I need to keep the deposit slips when i make deposits to my bank. This I forgot about and only had a bank statement totalling everything but no deposit slips. Additionally starting 2017, my company will have officially changed their name to another name entirely. Which they plan to keep the new name for a long time... This poses a problem I think in my case, and I am still unsure about how to handle the company changing its name.

Some other things: She never refferred to me as her boyfriend. We had the letters of intent, the proof of relationship, we met during the 2 years.

[Transborderwife 4,666]

There is nothing as "formal" engagement.. You are either engaged or not. And to be engaged, you should have proposed marriage to her and she should have accepted it whether ring is involved or not.

If that part was missing then you are ineligible for a K-1.

false

[KayDeeCee 4,893]

Section 212 (a) (4) which prohibits the issuance of a visa to anyone likely to become a public charge.

*Warning: If you fail to take the action requested within one year following visa denial under section 221 G of the immigration and nationality act, section 223 G of the act requires that your application be cancelled.

Some parts from interview:

"Do you know about his police record?" She responded "Yes, about the 3rd degree DV charge with his mother." (occurred 8 years ago) Basically it was verbal harrassment and I tore up some furniture.

Their final word was "Its not about his police record. It's about his income its too low and the case is refused." They returned her passport and had her pick up all her documents. They said if I used a joint sponsor it must be a CR1.

When I file for 2016 it will be about $33,000 - $35,000.00, also i realized that when I make deposits I need to keep the deposit slips when i make deposits to my bank. This I forgot about and only had a bank statement totalling everything but no deposit slips. Additionally starting 2017, my company will have officially changed their name to another name entirely. Which they plan to keep the new name for a long time... This poses a problem I think in my case, and I am still unsure about how to handle the company changing its name.

Well, maybe the CO used the finances as an excuse to deny, but that won't be the case if you refile and have your 2016 tax return reflecting about the same amount as your current annual income. They can't claim the finances are too new and not shown to be proven on a tax return next time. And yes, I would use the bank deposit slips to show your current annual income next time. Not sure the company changing names will be an issue. You do not even have to provide a letter from employer.

Just disclose what you need to about the DV criminal history to satisfy the IMBRA laws. Sounds like your fiancee already knows all about it, so shouldn't be a problem if she were to be questioned about it again.

And the CO said you could use a joint sponsor if you get married and apply for a spousal visa, because then you would be using the I-864 and joint sponsors are definitely allowed with that form. For the K-1 that uses the I-134, they do not have to be allowed.

[Limey 551]

There're no requirements for K-1 to be engaged. Couple has to have intent to marry each other but that's it, they may do it with no prior engagement. In some cultures engagement is not even a thing and I've never heard that you must be officially engaged to receive a K-1 visa.

- Victor from Russia

Isnt the K1 a "fiance" visa. A fiance is... someone you are engaged to?

If you are applying for a fiance visa, you are saying that you are engaged.

https://en.wiktionary.org/wiki/fianc%C3%A9

Edited December 21, 2016 by Limey