K1 Refused - Additional Info Needed

[Carpe Vinum 2,327]

1 minute ago, Steve2022 said:

I guess it is just the way the US Embassy there is run?   I pulled this from the rapidvisa website:   "every single embassy and country has different rules, and it's at their discretion. The Philippines is one of a small number of embassies that do not accept joint sponsors for the K-1 fiance visa. They actually require you to meet the income requirements on your own, and if you cannot do that through employment, then you can also use assets in some cases. And even that falls to the discretion of the consular officer, as to whether or not they'll accept assets, and what type of assets they'll accept."

 

Yes, it is the policy of the US Embassy in Manila not to accept joint sponsors. Consular posts and individual consular officers have wide latitude in approving and disapproving cases. Where the Philippines Government joins the fun is during CFO...not during the embassy process.

[abaa 21]

40 minutes ago, Steve2022 said:

I guess it is just the way the US Embassy there is run?   I pulled this from the rapidvisa website:   "every single embassy and country has different rules, and it's at their discretion. The Philippines is one of a small number of embassies that do not accept joint sponsors for the K-1 fiance visa. They actually require you to meet the income requirements on your own, and if you cannot do that through employment, then you can also use assets in some cases. And even that falls to the discretion of the consular officer, as to whether or not they'll accept assets, and what type of assets they'll accept."

 

This seems to be true. I think I sufficiently proved the assets, but they aren't going to consider that in this case. I think they are focusing more on the income. Since I provided IRS transcripts, they didn't see much detail in the income, just final results. I will submit more documents directly from the brokerage with extra details and hopefully it will be sufficient. I really wish though I could just talk to the consular officer to see what exactly they are looking for. I don't want to spend months waiting just to find out there was something else they wanted after I submit the 221g.

[abaa 21]

35 minutes ago, Carpe Vinum said:

Yes, it is the policy of the US Embassy in Manila not to accept joint sponsors. Consular posts and individual consular officers have wide latitude in approving and disapproving cases. Where the Philippines Government joins the fun is during CFO...not during the embassy process.

With this wide latitude in mind, I guess it is best to just try to appease the officer. I hope they accept what I send them and provide more specifics if it isn't enough. I appreciate your input the everyone else who has chipped in and given me things to think about. It is good to have this resource.

[Carpe Vinum 2,327]

1 minute ago, abaa said:

With this wide latitude in mind, I guess it is best to just try to appease the officer. I hope they accept what I send them and provide more specifics if it isn't enough. I appreciate your input the everyone else who has chipped in and given me things to think about. It is good to have this resource.

There will be more advice to follow from others. Adventine has given you good advice. I wish you the best of luck. I was able to attend my wife's interview at the Manila Embassy. I saw some fiances/wives with "borderline" partners get approved. I just think they do not like dealing with applicants whose financials fall outside of the employee/employer model. It sure isn't fair. But, that is one of the first thing you learn about the immigration process. Sometimes it just isn't fair.

[RO_AH 1,648]

5 hours ago, abaa said:

I really wish though I could just talk to the consular officer to see what exactly they are looking for. I don't want to spend months waiting just to find out there was something else they wanted after I submit the 221g.

What did the 221g actually say? Just do your best to fulfil their request and you will probably be good. 

[abaa 21]

2 minutes ago, RO_AH said:

What did the 221g actually say? Just do your best to fulfil their request and you will probably be good. 

It says, "Proof of your fiance's income in his current job." It isn't any more specific than that. I'll use the suggestions I got here and hopefully that works.

[RO_AH 1,648]

20 minutes ago, abaa said:

It says, "Proof of your fiance's income in his current job." It isn't any more specific than that. I'll use the suggestions I got here and hopefully that works.

That is correct. Make sure you write a cover letter explaining your situation and list of documents that you are providing. This is your opportunity to tell them what you want them to know and the fact that you don't have a "job". I am sure you will be fine after that. A 221g just means they would like a little more info. After you supply it, way more often than not, you will be approved. Don't let it stress you out. 

[abaa 21]

11 minutes ago, RO_AH said:

That is correct. Make sure you write a cover letter explaining your situation and list of documents that you are providing. This is your opportunity to tell them what you want them to know and the fact that you don't have a "job". I am sure you will be fine after that. A 221g just means they would like a little more info. After you supply it, way more often than not, you will be approved. Don't let it stress you out. 

Thank you so much for the information and encouraging words. I like the idea of the cover letter. That can give me an opportunity to make my case to the officer and provide context for what I send. Thank you for the support. I felt pretty crushed when I first heard the news, but I'm hopeful now that a little more paperwork will help us get past this hurdle.

[Steve2022 41]

17 hours ago, abaa said:

I think I sufficiently proved the assets, but they aren't going to consider that in this case.

Are you sure they won't consider it?  Maybe they will, or maybe if you just get a different official to look at it, they will.  I think you can ask for a different official, that should be allowed.  But first you should provide some extra info.  If it were me, I'd be calling the Embassy and holding however long it took to get some answers from a human being, and possibly I'd be camping out on their steps until I got some answers about what exactly they want.  

 

I am reminded now that Rapidvisa had me write a self-employment letter.  Here is the template pdf they gave me:

 

self-employment_letter.pdf

 

I'd do up one of those and add in there what your net worth is.  

Edited May 13, 2022 by Steve2022

[abaa 21]

19 hours ago, Steve2022 said:

Are you sure they won't consider it?  Maybe they will, or maybe if you just get a different official to look at it, they will.  I think you can ask for a different official, that should be allowed.  But first you should provide some extra info.  If it were me, I'd be calling the Embassy and holding however long it took to get some answers from a human being, and possibly I'd be camping out on their steps until I got some answers about what exactly they want.  

 

I am reminded now that Rapidvisa had me write a self-employment letter.  Here is the template pdf they gave me:

 

self-employment_letter.pdf 44.22 kB · 2 downloads

 

I'd do up one of those and add in there what your net worth is.  

Thank you for the suggestions. The only way I could find to contact the embassy regarding a visa question was through the online inquiry form. I used that and received a response, but the answer was vague. They asked for "original documents." I'm not sure what they are referring to. As far as asking for a different official, I'm not sure I get that luxury. I appreciate the letter and hopefully the documents we send may attest to my ability to earn income as a self-employed person.

[Grace29 37]

As a fellow stock trader (but I had a full time job too when I petitioned my wife) I would think if this is your sole source of income you would have to show many years worth of income from stock trading (more than the 3 year tax transcripts). We just ended the greatest bull market in history so they might think anyone could have made money. Also, did you apply with the IRS to be a qualified trader so you can file a schedule C and deduct expenses? This would show it truly it is your “job.” Without that I could see them being skeptical.

[abaa 21]

3 hours ago, Grace29 said:

As a fellow stock trader (but I had a full time job too when I petitioned my wife) I would think if this is your sole source of income you would have to show many years worth of income from stock trading (more than the 3 year tax transcripts). We just ended the greatest bull market in history so they might think anyone could have made money. Also, did you apply with the IRS to be a qualified trader so you can file a schedule C and deduct expenses? This would show it truly it is your “job.” Without that I could see them being skeptical.

I haven't applied with the IRS to be a qualified trader. I can look into that, but I'm not sure it would help right now. I have provided as many documents as I can to support what was provided at the interview to show more details. Hopefully, if it isn't enough, they can be more specific with what they would like. Thank you for the information, it is good to hear from someone with experience in trading.

[John & Rose 7,239]

On 5/12/2022 at 3:46 AM, Steve2022 said:

I'm sorry, I just remembered that you can't use a joint sponsor for a fiance visa in the Philippines.  The Philippines government doesn't allow it.  Probably too many spouses that got stuck with some good-for-nothing that doesn't work.  So I would suggest you get a net worth statement signed/validated by your bank or a lawyer or something, to prove that your assets minus liabilities are above the minimum threshold, or find out exactly what sort of documentation they need to prove your assets.  That or get married and jump back to the end of the line with a new I-130.  Good luck.

 

 

 

That is just another lie that Crapidvisa says.  It is 100% false like most of what they say.  Manila excepts joint sponsors for K-1 and joint and co sponsors for CR-1.

 

OP, as self employed they look at Adjusted Gross Income, not Total income.  Many self employed take enough business deductions that they fall below the poverty level on paper.  I know a dozen 6 figure entrepreneurs who on paper were not good sponsors.

Edited May 14, 2022 by John & Rose

[John & Rose 7,239]

On 5/12/2022 at 7:10 AM, Carpe Vinum said:

Yes, it is the policy of the US Embassy in Manila not to accept joint sponsors. Consular posts and individual consular officers have wide latitude in approving and disapproving cases. Where the Philippines Government joins the fun is during CFO...not during the embassy process.

That is false.  I did two interviews there and most couples used joint sponsors.  I know of hundreds in a K-1 group that were approved with a joint sponsor.  Crapidvisa is clueless and I believe they are confusion joint and co sponsors.

 

[abaa 21]

9 minutes ago, John & Rose said:

 

That is just another lie that Crapidvisa says.  It is 100% false like most of what they say.  Manila excepts joint sponsors for K-1 and joint and co sponsors for CR-1.

 

OP, as self employed they look at Adjusted Gross Income, not Total income.  Many self employed take enough business deductions that they fall below the poverty level on paper.  I know a dozen 6 figure entrepreneurs who on paper were not good sponsors.

Thank you for the input. My adjusted gross income and total income on my taxes are the same, which are well above the poverty guidelines. As far as using a joint sponsor, I may consider that. I felt that since I met the income requirements and also had assets, it wouldn't be necessary. It may be simpler if I have a joint sponsor with a regular job.