K1 refusal :( Suggestions

[Regi 11]

22 minutes ago, HRQX said:

The K-3 is very rare; in fiscal year 2019 only five were issued worldwide. One in Tegucigalpa: https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/October 2018 - NIV Issuances by Post and Visa Class.pdf Page 95

And four in Ciudad Juarez:

• https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/JANUARY 2019 - NIV Issuances by Post and Visa Class.pdf Page 26
• https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/APRIL 2019 - NIV Issuances by Post and Visa Class.pdf Page 24; Beneficiary was a Venezuelan national
• https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/JUNE 2019 - NIV Issuances by Post and Visa Class.pdf; Page 26
• https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/AUGUST 2019 - NIV Issuances by Post and Visa Class.pdf Page 26

Here is a comparison chart: https://www.visajourney.com/content/compare/ There isn't an additional fee to attempt a K-3: "You may file Form I-129F together with or after filing Form I-130. If you file Form I-129F after filing Form I-130, include a copy of the Form I-797, Notice of Action, to show that USCIS received your Form I-130. There is no fee if you are filing a Form I-129F for a spouse to obtain a K-3 visa." https://www.uscis.gov/family/family-us-citizens/k-3k-4-nonimmigrant-visas Odds are it will be IR-1/CR-1.

As it was suggested, we should apply with CR1, I think 

[Lili_K 39]

56 minutes ago, Jorgedig said:

There are not separate criteria for military members.  And that is the MINIMUM, although it is all at the discretion of the CO, as evidenced by this thread.

 

There is no such thing as bank transcript.  There are bank statements and tax transcripts.

So are decision made on how much he has in his bank account right now or how much he gets paid yearly? 

[SalishSea 17,802]

21 minutes ago, Lili_K said:

So are decision made on how much he has in his bank account right now or how much he gets paid yearly? 

Current yearly income is most important.

[jaysaldi 213]

8 hours ago, payxibka said:

Except according to the OP, they never showed statements to prove.   Another possibility is that the consulate may not,  as a local policy, even consider assets to overcome income shortfall.   I'm not familiar with almaty's practice as it is not a frequent consulate we see.

I went through the process in Cambodia a few months back and I was very confused, and still am, about whether K-1 petitioners can rely on assets or not.  Is there some kind of written rule on this? It's seems nuts to me that a guy with assets but no income would be allowed by American law to import a Russian fiance but another guy with the same amount of assets and no income would be barred from importing a Kazakh fiancee. It makes no sense, and it suggests to me that can't be they way it works, there has to be a uniform rule out there that they should all be following.

[SalishSea 17,802]

1 minute ago, jaysaldi said:

I went through the process in Cambodia a few months back and I was very confused, and still am, about whether K-1 petitioners can rely on assets or not.  Is there some kind of written rule on this? It's seems nuts to me that a guy with assets but no income would be allowed by American law to import a Russian fiance but another guy with the same amount of assets and no income would be barred from importing a Kazakh fiancee. It makes no sense, and it suggests to me that can't be they way it works, there has to be a uniform rule out there that they should all be following.

The thing is, the consular officers/consulates have discretion.  This is why income requirements are considered guidelines.  Everyone's situation is different.

[geowrian 22,337]

Totality of the circumstances is very broad. A list of guidelines are in the FAM: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

The I-134 has the additional difficulty of not having hard rules...the form is entirely just a tool to help the CO.

[Regi 11]

3 minutes ago, jaysaldi said:

I went through the process in Cambodia a few months back and I was very confused, and still am, about whether K-1 petitioners can rely on assets or not.  Is there some kind of written rule on this? It's seems nuts to me that a guy with assets but no income would be allowed by American law to import a Russian fiance but another guy with the same amount of assets and no income would be barred from importing a Kazakh fiancee. It makes no sense, and it suggests to me that can't be they way it works, there has to be a uniform rule out there that they should all be following.

Exactly, this is what makes me upset.

As I have read recently that for example during the interview in Mexico the CO didnt even ask for the financial documents and the case was approved.

I am really happy for any couple got approved, just wanted to say that if there is one strict rule for everyone, it's easier to follow it, to know that you will be judged equally. 

[SalishSea 17,802]

2 minutes ago, Regi said:

it's easier to follow it, to know that you will be judged equally. 

That isn't the way with visas and immigration, though.  That is why the VWP exists, and why it is very difficult to get a tourist visa from certain countries.  A lot of it is based on historic behavior of people.

[Regi 11]

Good morning all,

 

UPDATE:

My fiancee sent an email to the Embassy today morning.

 

Just now I have received a reply from the Embassy to my last message where I have provided the requested IRS. Here its:

 

Thank you for your email. US Immigration law requires that the consular officer analyze the totality of the applicant’s circumstances, including, but not limited to: age; health; family status; education and skills; assets, resources and financial status; also, where appropriate, the affidavit of support. If, after conducting the interview and evaluating the totality of the applicant’s circumstances, including any applicable documentation, the consular officer is not convinced the applicant will not be a public charge in the United States, they are obligated to refuse the applicant under section INA 212(a)(4)(A). Our records indicate that your application is refused under INA 212(a)(4)(A) for public charge.

 

You are welcome to send us petitioner’s 2019 IRS tax transcript once it is ready, and the Consular Officer will again review your petition.

 

What do you think?

[SalishSea 17,802]

1 minute ago, Regi said:

Good morning all,

 

UPDATE:

My fiancee sent an email to the Embassy today morning.

 

Just now I have received a reply from the Embassy to my last message where I have provided the requested IRS. Here its:

 

Thank you for your email. US Immigration law requires that the consular officer analyze the totality of the applicant’s circumstances, including, but not limited to: age; health; family status; education and skills; assets, resources and financial status; also, where appropriate, the affidavit of support. If, after conducting the interview and evaluating the totality of the applicant’s circumstances, including any applicable documentation, the consular officer is not convinced the applicant will not be a public charge in the United States, they are obligated to refuse the applicant under section INA 212(a)(4)(A). Our records indicate that your application is refused under INA 212(a)(4)(A) for public charge.

 

You are welcome to send us petitioner’s 2019 IRS tax transcript once it is ready, and the Consular Officer will again review your petition.

 

What do you think?

Does your fiancé expect to have a significantly higher income for 2019 than for 2018?

[Regi 11]

1 minute ago, Jorgedig said:

Does your fiancé expect to have a significantly higher income for 2019 than for 2018?

Yes, he does.

Does it mean they will keep my documents and I need to provide tax transcripts in March - April of 2020 and they might reconsider?

[SalishSea 17,802]

1 minute ago, Regi said:

Yes, he does.

Does it mean they will keep my documents and I need to provide tax transcripts in March - April of 2020 and they might reconsider?

Tax transcripts are normally for the calendar year.  I'm not sure how it works for 1099/self employed people, but it sounds like they are willing to hold onto the petition at the embassy for long enough for you to submit his 2019 transcript after filing his taxes.

[Lili_K 39]

54 minutes ago, Jorgedig said:

Current yearly income is most important.

Sorry another question. Do we submit form I-134 or I-864? I'm not sure which one to use.

[Regi 11]

11 minutes ago, Jorgedig said:

Tax transcripts are normally for the calendar year.  I'm not sure how it works for 1099/self employed people, but it sounds like they are willing to hold onto the petition at the embassy for long enough for you to submit his 2019 transcript after filing his taxes.

That's very encouraging 😍

The new questions appeared in my head 🤷‍♀️

My medical check up is valid until March 26. It seems I have to redo it again?

Do you suggest to get married in a third country and keep the marriage license in a pocket and save time in case it turns negative after 2019 tax transcripts submission? Thus we could immediately apply for cr1?

Or is it a bad idea as the marriage date will be while  K1 was still pending?

[Villanelle 4,122]

IF you marry you can no longer pursue the K visa. There is no 'putting it in your pocket'. You need to be single and unmarried to get a K visa. So you can either marry (now) and file the CR (now) or you can wait until you have 2019 taxes to submit and see if the K visa is issued. Typically when a K is refused it is sent back to USCIS. However it seems the Embassy is not going to send the case back and will hold it until you are able to send 2019 transcripts. In the US you can file taxes starting in Jan if you have all your paperwork and the deadline to file is in April. Most people do not have all their paperwork in Jan though. But since your fiance is self employed they may be able to file in Jan or Feb, possibly March depending how fast they can gather what they need to file. 

Also when things get delayed like this you usually need a new medical and new police reports as they expire as well.