I-134 Denial. Do I have to restart K1 from scratch?

[stevebzzzzz 0]

Hi,

 

If I submit an I-134, and my visa is denied due to lack of documentation on the 134 (Some of my income is hard to officially verify), Do I have to restart the whole K1 application process all over again, or will they just ask for more evidence, and perhaps I can submit a cosponsor at that point?  I am not on super good terms with my potential cosponsor, that's why I am thinking of trying it alone first.

 

Thanks in advance,

 

Steve

[Becci391 339]

The visa did not get denied, just the application.

Did you already receive the paperwork saying that the application got denied?

[stevebzzzzz 0]

I don't understand your answer.  She did not go to the interview yet, but what happens if at the interview the visa is denied based on the fact that the I-134 doesn't pass the test because all of my income is not reflected in my tax forms or something like that?  Will they send me a request for evidence to further support the I-134, or will the visa just get denied?  And if it gets denied, would I have to start the whole I-129 process all over again, maybe with a cosponsor?  I am trying to avoid using a cosponsor, but I would hate to have to go through all that work again...

 

Thanks for your help.

[payxibka 10,045]

13 minutes ago, stevebzzzzz said:

I don't understand your answer.  She did not go to the interview yet, but what happens if at the interview the visa is denied based on the fact that the I-134 doesn't pass the test because all of my income is not reflected in my tax forms or something like that?  Will they send me a request for evidence to further support the I-134, or will the visa just get denied?  And if it gets denied, would I have to start the whole I-129 process all over again, maybe with a cosponsor?  I am trying to avoid using a cosponsor, but I would hate to have to go through all that work again...

 

Thanks for your help.

If your financial ability is insufficient, they will likely give you an opportunity to cure.

 

It would be better if you can identify the country your fiancee will interview

[stevebzzzzz 0]

Sorry, this is in Manila, Philippines

[payxibka 10,045]

5 minutes ago, stevebzzzzz said:

Sorry, this is in Manila, Philippines

Manila does not always ask for support evidence.  They are inconsistent.  Also they have been known not to accept a cosponsor

Edited May 15, 2018 by payxibka

[geowrian 22,337]

1) As noted, Manila does not ask of ran I-134 very often. But have one ready to go in case they do. Be prepared, but it likely won't be an issue for the visa. However, an I-864 for AOS after arriving on the K-1 visa and marrying is required.

2) If the I-134 is not accepted, the visa is refused. However, this can be overcome with a new I-134 + supporting evidence, or a co sponsor.

3) Manila only accepts a co sponsor for the I-134 on a case by case basis.

 

What's the issue with documentation of your income anyway?

[stevebzzzzz 0]

I am on disability, so my W2 income is about 15,000.  I receive about another 12,000 in the form of a life insurance payment which is doled out to me monthly by a trustee in a trust.  I don't think there is any evidence of this except as indicated by my monthly bank deposits.  When my father passed, the payment was taxed, and passed onto my uncle for monthly distribution.

[geowrian 22,337]

28 minutes ago, stevebzzzzz said:

I am on disability, so my W2 income is about 15,000.  I receive about another 12,000 in the form of a life insurance payment which is doled out to me monthly by a trustee in a trust.  I don't think there is any evidence of this except as indicated by my monthly bank deposits.  When my father passed, the payment was taxed, and passed onto my uncle for monthly distribution.

Thanks for the update.

 

The disability income can be counted fine. The life insurance payment is a trickier one indeed. Is it guaranteed to go to you specifically by a contract/law/court order? If so, then I think providing the document detailing this would help. If it's not guaranteed to you then I'm unsure if it would be counted just because you have received it in the past. I don't want to say anything definitely here as life insurance is not my forte...I'm just trying to get an understanding.