Can I-129 petition be denied before interview? Should I send an I-134 with I-129?

[k-ittykatz 0]

I made an earlier post about my boyfriend being denied a B-2 tourist visa. We were advised to apply for a K-1 fiance visa instead, so that’s what we’re doing! I have 2 questions, though.

 

1. What are the chances of an I-129 PETITION being denied by USCIS, even before the embassy interview? 

 

Not the actual visa, just the petition. My concern is that I’m currently unemployed, studying in a technical college. My mom will be a joint-sponsor on the I-134 Affidavit of Support, but that’s requested AFTER the petition is approved. That brings me to question 2...

 

2. Can the petition be denied based on my current unemployment? Would it help to send a joint-sponsored I-134 (+ supporting documents) WITH the I-129? 

 

I understand that updated financial documents would be needed for the interview. I just really don’t want to mess this up.

 

Thanks in advance! 

[Ben&Zian 4,398]

3 minutes ago, k-ittykatz said:

I made an earlier post about my boyfriend being denied a B-2 tourist visa. We were advised to apply for a K-1 fiance visa instead, so that’s what we’re doing! I have 2 questions, though.

 

1. What are the chances of an I-129 PETITION being denied by USCIS, even before the embassy interview? 

 

Not the actual visa, just the petition. My concern is that I’m currently unemployed, studying in a technical college. My mom will be a joint-sponsor on the I-134 Affidavit of Support, but that’s requested AFTER the petition is approved. That brings me to question 2...

 

2. Can the petition be denied based on my current unemployment? Would it help to send a joint-sponsored I-134 (+ supporting documents) WITH the I-129? 

 

I understand that updated financial documents would be needed for the interview. I just really don’t want to mess this up.

 

Thanks in advance! 

 

No. I haven't ever heard of a denial because of employment situations. USCIS doesn't care about that; but yes, at the embassy level for the interview that is when it will be brought up, so as long as you state you have a cosponsor available, and the embassy you are going to be going through allows for cosponsors, then you should be fine.

[shexy 67]

3 minutes ago, k-ittykatz said:

I made an earlier post about my boyfriend being denied a B-2 tourist visa. We were advised to apply for a K-1 fiance visa instead, so that’s what we’re doing! I have 2 questions, though.

 

1. What are the chances of an I-129 PETITION being denied by USCIS, even before the embassy interview? 

 

Not the actual visa, just the petition. My concern is that I’m currently unemployed, studying in a technical college. My mom will be a joint-sponsor on the I-134 Affidavit of Support, but that’s requested AFTER the petition is approved. That brings me to question 2...

 

2. Can the petition be denied based on my current unemployment? Would it help to send a joint-sponsored I-134 (+ supporting documents) WITH the I-129? 

 

I understand that updated financial documents would be needed for the interview. I just really don’t want to mess this up.

 

Thanks in advance! 

No your k1 petition can't be denied based on your current unemployment.

[TNJ17 1,329]

I134 is not to be sent at the petition stage. Like people said it before you need to check that the country you are going through accepts cosponsors. Also, it’s worth mentioning that K1 Visa is not a visiting visa. You said the person got denied a B2 and were told to apply for a k1. Well, a B2 is a tourist visa, and that’s for visiting purposes. A K1 is to bring a fiancé to live permanently in the US. You actually have to get married and live together in the US as a married couple. So just make sure you know the difference. 

[geowrian 22,338]

Your financial state will have no bearing on an I-129F at all. It's not a consideration.

Sending the I-134 with the I-129F would have no impact on the petition, and would be outdated by the time of the embassy interview (which is where the beneficiary presents it).

[k-ittykatz 0]

Thank you all!

[Naes 12,205]

On 3/8/2018 at 11:21 PM, k-ittykatz said:

I made an earlier post about my boyfriend being denied a B-2 tourist visa. We were advised to apply for a K-1 fiance visa instead, so that’s what we’re doing! I have 2 questions, though.

 

1. What are the chances of an I-129 PETITION being denied by USCIS, even before the embassy interview? 

 

Not the actual visa, just the petition. My concern is that I’m currently unemployed, studying in a technical college. My mom will be a joint-sponsor on the I-134 Affidavit of Support, but that’s requested AFTER the petition is approved. That brings me to question 2...

 

2. Can the petition be denied based on my current unemployment? Would it help to send a joint-sponsored I-134 (+ supporting documents) WITH the I-129? 

 

I understand that updated financial documents would be needed for the interview. I just really don’t want to mess this up.

 

Thanks in advance! 

 It can be denied but not because you didn't send I-134 (which is not even required) or because of your employment status.