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Posted

Hey guys,

 

During my K1 interview, I showed financial proof from my petitioner which is almost double the minimum USCIS asks for, but it was a letter from her employer since she started working at the beginning of May last year. Her previous years tax transcript was not enough, since she wasn’t working then. Also we had a co-sponsor, who was her mom, who made close to a 100%, and all of this was not enough, since the interview officer wanted another co-sponsor and to drop off another I-134 and never asked for any assets or anything else of the above two sponsors. 

 

She currently do not have a close relative who makes that required amount, but I have a friend who’s a US citizen who’s willing to sponsor for me who also makes a lot more than the required 125%. So do you guys think it would be okay to use him as a co-sponsor since we have no one else in her family? 

 

Thank you in advance guys :)

Posted

Yes. But remember that a co-sponsor for a K1 doesnt have to be accepted.  The I-134 is not legally binding whereas the I-864 is. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Posted

Also,  the CO/field officer has full discretion to reject any joint sponsor, regardless of income.  They do look at the relationship between the joint sponsor and the beneficiary, and evaluate how realistic it is that the sponsor would actually financially support an immigrant.

 

How likely is it that a 'friend' would support you?  Probably not likely at all.

Posted

Embassies do not have to accept a co-sponsor with the K-1 visa (the embassy does have to accept a qualified co-sponsor, doesn't even have to be family, with an immigrant visa such as the IR/CR-1 spousal visa), but when they do accept a co-sponsor with the K-1 they want it to be a close relative - parents, siblings are best.  Age isn't relevant, as long as they are of legal age.   The co-sponsors income must meet the same 125%  poverty guidelines as the sponsor.   

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Posted

Thank you guys. It's just my fiance graduated in May of last year and I showed the visa officer the letter of employment which states, she makes almost three times the required poverty guideline and he said he wanted more since she has just started working. He did not request for any assets either and my fiance's mom who was a co-sponsor does make over 100% of the poverty guideline, but not enough for 125%. We're kind of in a pickle, since we're struggling to find any of her other close relatives (uncles and aunts since she doesn't have siblings and dad doesn't make enough of an income) to co-sponsor for this.

 

My friend though does make way over the 125% threshold, and is willing to even give a notarized letter stating he's willing to sponsor us in addition to the i-134. That seems to be our best option at the moment, since the visa officer specifically asked for another co-sponsor and their transcripts or W-2 of 2018 in the 221g.

 

We do have another option though, which is showing her W2 from her current employer for the year 2019in which she has made over the threshold. We should be able to obtain this, within this week and submit it. 

 

The visa interview officer was happy about all other aspects of the interview and did even mention that "everything else looks good, and once you submit these, you should be good to go". So what do you guys think would be the best course of action at this point considering our limited options? Thanks in advance again guys :) 

Posted
30 minutes ago, Greenbaum said:

the embassy does have to accept a qualified co-sponsor, doesn't even have to be family, with an immigrant visa such as the IR/CR-1 spousal visa

More specifically, they have to consider it. They do not have to accept them - if they think the individual would not actually provide support ot prevent the person becoming a public charge, they can (and have) still denied.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
2 hours ago, VISBIS said:

Thank you guys. It's just my fiance graduated in May of last year and I showed the visa officer the letter of employment which states, she makes almost three times the required poverty guideline and he said he wanted more since she has just started working. He did not request for any assets either and my fiance's mom who was a co-sponsor does make over 100% of the poverty guideline, but not enough for 125%. We're kind of in a pickle, since we're struggling to find any of her other close relatives (uncles and aunts since she doesn't have siblings and dad doesn't make enough of an income) to co-sponsor for this.

 

My friend though does make way over the 125% threshold, and is willing to even give a notarized letter stating he's willing to sponsor us in addition to the i-134. That seems to be our best option at the moment, since the visa officer specifically asked for another co-sponsor and their transcripts or W-2 of 2018 in the 221g.

 

We do have another option though, which is showing her W2 from her current employer for the year 2019in which she has made over the threshold. We should be able to obtain this, within this week and submit it. 

 

The visa interview officer was happy about all other aspects of the interview and did even mention that "everything else looks good, and once you submit these, you should be good to go". So what do you guys think would be the best course of action at this point considering our limited options? Thanks in advance again guys :) 

It's not about what we think it's what the CO will think. None of us can answer that question. But, what I recommend, is gather all the information that you provided above and bring it well organized for the CO to see or however you informed to return the new information. Then, it becomes a waiting game. Just my opinion.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Posted

*~*~*procedural question moved from”progress reports” to “process and procedures”*~*~*

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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