K1 refusal :( Suggestions

[Regi 11]

19 minutes ago, geowrian said:

Current income for a self-employed individual would be via their most recent tax return (2018 here).

He has 2019 revenue, not income yet.

 

Yes, sorry, I have a chaos in my head right now  😭😭

[Regi 11]

20 minutes ago, payxibka said:

How could they see it?  

Only in affidavit of support, we added numbers. But they never asked for a proof 

[Regi 11]

14 minutes ago, payxibka said:

If they never looked at the bank statements, then it wasn't considered.   Consulates are not obligated to consider assets.  If your sole proof of 2019 income was your entry on the affidavit,  without any other evidence,  then it wasn't considered.   If the above is true,  then they based the decision on the three prior years tax filings, which are all under the poverty level.   

I see. I wish they could ask for proves or to search for a joint sponsor, but they didbt and we just got refused 

[jaysaldi 213]

5 minutes ago, Regi said:

I see. I wish they could ask for proves or to search for a joint sponsor, but they didbt and we just got refused 

You could apply for another K-1 visa and this time use a joint sponsor and/or hopefully he'll have a tax transcript proving 2019 income. I know that's not a great option for you, but it's an option.

[jaysaldi 213]

40 minutes ago, Regi said:

I brought bank savings papers to interview with me and we put this info in affidavit form. But they didnt want to see them as the CO said : everything looks good, just send the transcripts" 

 

I think if you had brought the tax transcripts showing the deficient income to the interview along with the bank account statements then they might have been alerted to the low income and looked at the statements.

 

The problem is that you brought no transcripts to the interview, and maybe they just assumed the transcripts would be okay, so they asked you to send in the transcripts and didn't bother asking for bank statements.  Then when you sent in the deficient transcripts they were alerted to that the income was insufficient and denied the petition.

When you sent in the transcripts did you also send in the bank statements? I would have done that, even if they only asked for transcripts, because they transcripts showed income that is too low.

How does a guy earning under $17,000 a year save up $100,000 in cash anyway?

Edited November 14, 2019 by jaysaldi

[Regi 11]

5 minutes ago, jaysaldi said:

You could apply for another K-1 visa and this time use a joint sponsor and/or hopefully he'll have a tax transcript proving 2019 income. I know that's not a great option for you, but it's an option.

What is better : to apply for a spouse or a k1 visa again?

Will they look only for a 2019 tax transcript if to apt for a k1 again? 

[payxibka 10,045]

Just now, Regi said:

What is better : to apply for a spouse or a k1 visa again?

Will they look only for a 2019 tax transcript if to apt for a k1 again? 

Self employed requires 3 years and the minimum income threshold to even be considered is 125% of HHS poverty level for a spousal 

[Regi 11]

1 minute ago, jaysaldi said:

I think if you had brought the tax transcripts showing the deficient income to the interview along with the bank account statements then they might have been alerted to the low income and looked at the statements.

 

The problem is that your brought no bank statements to the interview, and maybe they just assumed the transcripts would be okay, so they asked you to send in the transcripts and didn't bother asking for bank statements.  Then when you sent in the deficient transcripts they were alerted to that the income was insufficient and denied the petition.

When you sent in the transcripts did you also send in the bank statements? I would have done that, even if they only asked for transcripts, because they transcripts showed income that is too low.

How does a guy earning under $17,000 a year save up $100,000 in cash anyway?

I brought all statements with me and told asked them to keep it. They didnt want. As you said they might think that he has enough income.

This was my mistake. I didnt send bank statements while sending IRS.

 

In the past he had a good job and could save. And in 2017 started another job with lower income 

[Regi 11]

3 minutes ago, payxibka said:

Self employed requires 3 years and the minimum income threshold to even be considered is 125% of HHS poverty level for a spousal 

Will the US embassy send me a letter about refusal ( i didnt get) or they only change on website 

[jaysaldi 213]

2 minutes ago, Regi said:

I brought all statements with me and told asked them to keep it. They didnt want. As you said they might think that he has enough income.

This was my mistake. I didnt send bank statements while sending IRS.

 

In the past he had a good job and could save. And in 2017 started another job with lower income 

yea sorry I meant a problem here was bringing no transcripts to the interview because I think had they seen the low transcripts they might have been alerted to the issue and then looked at the statements. But you did bring the 1040s so that should have alerted them too. I'm sorry it happened. It's not your fault.  Your fiance unfortunately has only recent income above the threshold that is hard to prove.   The income in the tax year on the last filed return before the interview is really what is given strongest consideration. 

[Regi 11]

2 minutes ago, jaysaldi said:

yea sorry I meant a problem here was bringing no transcripts to the interview because I think had they seen the low transcripts they might have been alerted to the issue and then looked at the statements. But you did bring the 1040s so that should have alerted them too. I'm sorry it happened. It's not your fault.  Your fiance unfortunately has only recent income above the threshold that is hard to prove.   The income in the tax year on the last filed return before the interview is really what is given strongest consideration. 

They didn't look at 1040 too.

Yes, I wish I could foresee everything:(

Thank you for your kind words 

[payxibka 10,045]

11 minutes ago, Regi said:

Will the US embassy send me a letter about refusal ( i didnt get) or they only change on website 

Most communicate via email.   I would think you should receive something,  but every consulate is different 

[Regi 11]

46 minutes ago, payxibka said:

Most communicate via email.   I would think you should receive something,  but every consulate is different 

If to get married in third country, the interview for spousal visa should be in third country too or in the spouse's hometown?

[payxibka 10,045]

3 minutes ago, Regi said:

If to get married in third country, the interview for spousal visa should be in third country too or in the spouse's hometown?

Interview is based on applicants current residence or nationality.  Place of marriage doesn't matter 

[Regi 11]

1 hour ago, jaysaldi said:

You could apply for another K-1 visa and this time use a joint sponsor and/or hopefully he'll have a tax transcript proving 2019 income. I know that's not a great option for you, but it's an option.

Please could you explain the difference between K3 and cr1 visas?