Embassy asking $100125

[ninz 14]

I want to move my case to Paris US Embassy

Is not x3 times rule anymore. Everywhere in official websites it says x5 times rule

[Ash.1101 1,756]

we provided bank statements where it shows that incoming transfers are coming form Uber mostly

they immediately returned me co sponsor's (our mom) i134 form with taxes, despite that in cover letter i asked them to be considerate because its a special situation, my fiance worked in thailand, i have descent income as a freelance developer and im renting my property too, i explained all that

CO asked me what I do, what my fiance does, how the hell I have so much money to travel all the countries I mentioned

What are the exact things with a check mark? xOther: need to have english translation from embassy..blah blah. Need to have divorce stamped with embassy...Need additional liquid financial assets in excess of 100,125 USD

Yeah, Bangkok doesn't take cosponsors at all. Each consulate differs on what they will accept for K-1 visas, Bangkok happens to be one that does not accept cosponsors.

If they're asking how do you have so much money to travel, they straight up don't believe that the money is legit. CO's can deny based on discretion, if they have a bad feeling about something or feel there's not enough proof to back it up, they can just deny.

So in this case, they want you to provide all those things, including the assets. It's all or none with a 221g, with consideration. Either provide all they ask for, or it will be denied in the year or so they gave you to provide it all.

Your options are to either refile K-1 once your fiance has filed back taxes and has more proof that the money is legit, have him file taxes by april of next year to show his Uber income, or get married outside the US (assuming you won't get a visitor visa into the US) and file for a CR-1. Bangkok doesn't take cosponsors for K-1, but they, just like everyone else, do take joint-sponsors for Spousal Visas.

Your case is open with pending 221g completion. It's too late to move the case. Either provide them what they ask, or submit a formal withdraw. Once withdrawl, you can resubmit and try to have it sent to Paris but, do you live in Paris? It will go where ever you live and have current residence in, and note, they can see everything this CO put in so it could still come back to haunt you if you're trying to go to an easier embassy to get through.

Edited December 22, 2016 by Ash.1101

[Suss&Camm 2,213]

Sorry, it was more so curious that they're getting him on 5 times assets instead of 3.

I'm sorry aswell you are right, strange...

[Suss&Camm 2,213]

I want to move my case to Paris US Embassy

Is not x3 times rule anymore. Everywhere in official websites it says x5 times rule

Did not know this. I'll look that up

[Ash.1101 1,756]

I want to move my case to Paris US Embassy

Is not x3 times rule anymore. Everywhere in official websites it says x5 times rule

Official websites should be taken with a grain of salt sadly. Some of the information is outdated or plain wrong as a lot of these things change within months. Example, UK for a while wasn't taking I-134's, then BAM one day I-134's for everyone. Manilla wasn't taking cosponsors, but then BAM taking cosponsors, not sure if they still are. But even within months, consulates change what they will take, won't take, etc, and they won't update their websites information. Much like you taking a cosponsor to a embassy that doesn't take them, it's best to ask people who have recently gone through the process to know exactly what they're taking.

The I-134 is used for many visas, including visitor, so officially they use the 5x rule, and they are only suppose to be 100% of the poverty line for I-134, but you are applying for a non-immigrant visa with immigrant intent based on an immediate family member, which uses the same rules as the I-864 at MOST embassy's. 125% poverty line, and assets have to make up times 3.

K-1 is a loosey goosey visa. They can play by both the rules of I-864 or the I-134 if they choose too, because of that's it's always best to prepare for the requirements of the I-864 for financial proof, while being aware of if they take cosponsors or not.

It's helpful to note that a lot of the official websites say certain things, but the embassy's you go too can pick and choose which ones to focus on and which ones not to care about. Some use only 100%, some use 125%. Some pass through people without looking at the paperwork, some pass them through after fine tooth combing everything.

At the end of the day, it can come down to the discretion of the one person you sit in front of, the CO interviewing you. He can deny based on a bad feeling alone, even if you meet the technical requirements. My fiance and I met the technical requirements for K-1 visa (I was under income because of unemployment and provided a cosponsor that made more than enough for her household and my fiance) and provided all the proof for it (Tax return, W2, employer letter, months of paystubs), but the CO didn't like that I was unemployed and asked for a SECOND cosponsor as insurance, which is understandable, why send the foreign fiance into an unemployed household, I totally get it. He even told my fiance that everything was right and there, that he just had a feeling and wanted reassurance and once we did, he was good to go, the whole interview was positive, complimented everything we had, extra copies of things, all in order to make it easy, he was a nice guy. We sent in the second cosponsor with the same amount of proof and were approved within 5 days of them receiving it. We met the -technical- requirement, but not the requirement the CO had in his mind.

Edited December 22, 2016 by Ash.1101

[kris&me 572]

here is a site that will explain what and why they ask for this

it is 5 times the difference of needed income (minus the your taxable income)

can not include some things like house you live in as you need a place to live (another site found explains that one better) assets must be free to be easily liqudated

looks as financee can not prove 125% povety quidelines from his job and they are asking for assets

http://www.***removed***/affidavit-of-support/using-assets-meet-income-requirements.html

[jstryker 41]

"Need additional liquid financial assets in excess of $100,125.00" (125% poverty guideline x 2person)

I dont understand this.... they are saying that the petitioner must show $100,125.00 to support himself and the beneficiary? Something doesnt add up here.

Is that correct or did you put one too many ZEROs in there?

[jstryker 41]

Here is why Im confused about the amount they are asking you for....

Household Size 2016 HHS Poverty Guidelines (annual, 48 contiguous states) 115% of poverty 125% of of poverty 187.5% of of poverty 200% of poverty 300% of poverty 1 $11,880 $13,662 $14,850 $22,275 $23,760 $35,640 2 $16,020 $18,423 $20,025 $30,038 $32,040 $48,060 3 $20,160 $23,184 $25,200 $37,800 $40,320 $60,480 4 $24,300 $27,945 $30,375 $45,563 $48,600 $72,900 5 $28,440 $32,706 $35,550 $53,325 $56,880 $85,320 6 $32,580 $37,467 $40,725 $61,088 $65,160 $97,740 7 $36,730 $42,240 $45,913 $68,869 $73,460 $110,190 8 $40,890 $47,024 $51,113 $76,669 $81,780 $122,670 add for each additional person $4,160 $4,784 $5,200 $7,800 $8,320 $12,480

Unless you have a family of 8 people and each of them have 10 kids - only then should you be looking for $100,125.00 or am I completely murdering this calculation?

EDIT Well thats lame - that was a nice spreadsheet - Im going to attach a screenshot instead.

Edited December 22, 2016 by jstryker

[Suss&Camm 2,213]

I dont understand this.... they are saying that the petitioner must show $100,125.00 to support himself and the beneficiary? Something doesnt add up here.

Is that correct or did you put one too many ZEROs in there?

There is insufficient proof of income since the USC is self-employed and have only worked in the US since April of this year. Due to this they are not looking at the income, they are looking at liquid assets and that requirement is supposed to be the poverty level for your income *3 for immediate family. As Ash mentioned, for some reason they have incorrectly enter the requirement for non-immediate family (poverty level *5). This basically means that either they have to supply enough proof of the income OR fulfill the liquid asset requirement.

[ninz 14]

yes, the income we presented wasn't taken into consideration and personal assets it's 20,025x5=100,125

if they would at least take into consideration teacher salary for past year:

$1Kx12=12K $20025-12k=$8025

then we would have to prepare $8025x5=$40125 to meet minimum req

he already have $!0 so we would find remaining 30K+ easier than $100K

Edited December 22, 2016 by ninz

[Suss&Camm 2,213]

your edit ----->

yes, the income we presented wasn't taken into consideration and personal assets it's 20,025x5=100,125

if they would at least take into consideration teacher salary for past year:

$1Kx12=12K 20,025-12k=$8025

then we would have to prepare $8025x5=$40125 to meet minimum req

Which they will if you back file your taxes and supply the tax documents.

edit: and it still should be *3 I can't find the information to support the *5 claim. Please post if you or someone has this.

Edited December 22, 2016 by Suss&Camm

[jstryker 41]

yes, the income we presented wasn't taken into consideration and personal assets it's 20,025x5=100,125

if they would at least take into consideration teacher salary for past year:

$1Kx12=12K 20,025-12k=$8025

then we would have to prepare $8025x5=$40125 to meet minimum req

Ok that makes me feel better at least. I wish I had an answer to help you as well.

For a minute there I was about to take a second job as a waiter, and possibly stand on a street corner or two. Ok - well not that far.

[ninz 14]

your edit ----->

Which they will if you back file your taxes and supply the tax documents.

edit: and it still should be *3 I can't find the information to support the *5 claim. Please post if you or someone has this.

Where is the proof link hat it should be x3 rule?

well it should be also 100% and not 125%

[Ebunoluwa 6,136]

Perhaps a projected income business ledger as a self employed individual would help ?

It would show the projected income based on _______fill in the blanks.

Sounds like the CO wants to be reassured that the job is long term and lasting and not over in a few months.
What proof did you submit that he works as a sub contractor for Uber ? Any Uber letter ?

I also would file the back taxes and current year in January to get transcripts if time allows.

You had bank statements showing deposits, did you get a bank letter listing deposits ?

Did the CO go through all the bank statements or just shove them aside ?

[Suss&Camm 2,213]

Where is the proof link hat it should be x3 rule?

well it should be also 100% and not 125%

I know that each consulate look at this differently. On the USCIS website it states that K1's should NOT submit i-864 (however ofc these requirements put you "on the safe side") and yes therefore it should be 100%.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

I guess it boils down to the interpretation if immediate family or not. RapidVisa for example don't differentiate between spouse and fiancé on that matter. I suppose from reading people's experiences that some embassies do.

https://rapidvisa.com/alternatives-to-meeting-the-visa-income-requirement/

In any case, speculation doesn't help you, only complying with the 221g will... which in this case is the *5 (unfortunately). The first thing to do would still be to backfile the income and then go from there, since you need this proof regardless.