K1 Refused - Additional Info Needed

[John & Rose 7,239]

Just now, abaa said:

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.

Did you use transcripts or the 1040?  There must be something they didn't like but it sounds all good from here.  I recommend using a joint sponsor for K-1 just to get past this roadblock.  AOS will be with USCIS and a different form.  You will be good there.  The I-134 is not required at K-1 interview unless they decide to ask for it.  Just do what you have to do to get past this point and AOS should be smoother.

[abaa 21]

Just now, John & Rose said:

Did you use transcripts or the 1040?  There must be something they didn't like but it sounds all good from here.  I recommend using a joint sponsor for K-1 just to get past this roadblock.  AOS will be with USCIS and a different form.  You will be good there.  The I-134 is not required at K-1 interview unless they decide to ask for it.  Just do what you have to do to get past this point and AOS should be smoother.

I sent the last 3 years of IRS transcripts.

 

I appreciate the advice, I will definitely consider the joint sponsor. I had family members offer this, but I didn't think it would be necessary at the time. I didn't want to bring anyone else into this unless absolutely necessary because even though I'm confident I can support my future wife, there are always unforeseen events that can happen. If that is what it takes to bring her here, I'm willing to give it a try.

[John & Rose 7,239]

4 minutes ago, abaa said:

I sent the last 3 years of IRS transcripts.

 

I appreciate the advice, I will definitely consider the joint sponsor. I had family members offer this, but I didn't think it would be necessary at the time. I didn't want to bring anyone else into this unless absolutely necessary because even though I'm confident I can support my future wife, there are always unforeseen events that can happen. If that is what it takes to bring her here, I'm willing to give it a try.

The I-134 is not legally enforceable so they would only be "on the hook" until you file AOS.  I don't know what they see as the problem but don't waste the time or energy thinking about it.  Send in a joint sponsor with their 2021 transcript and bring her to her new home.

 

[RO_AH 1,659]

2 hours ago, John & Rose said:

 Send in a joint sponsor with their 2021 transcript and bring her to her new home.

I disagree, just submit what you can with the 221g along with cover letter and wait the response. He will know soon enough. If they still do not accept then use a co-sponsor.

[John & Rose 7,239]

9 minutes ago, RO_AH said:

I disagree, just submit what you can with the 221g along with cover letter and wait the response. He will know soon enough. If they still do not accept then use a co-sponsor.

All he can do is resubmit what they already have.  In my eyes that just causes a delay.  Both ways can work but if they already rejected his affidavit why send the same info back to respond to the 221(g).

 

[RO_AH 1,659]

38 minutes ago, John & Rose said:

All he can do is resubmit what they already have.  In my eyes that just causes a delay.  Both ways can work but if they already rejected his affidavit why send the same info back to respond to the 221(g).

He was given a lot of suggestions of things he can add so it would not be only what they already have. Also you can submit a cover letter explaining your situation with the 221g. The cover letter is probably more important that the documents that they already have. A 221g is not a rejection per say but a request for more info. You send the 221g in and have a response within about a week, I don't consider that much of a delay. If that fails then go for a joint sponsor.

[Steve2022 41]

On 5/13/2022 at 8:34 PM, abaa said:

The only way I could find to contact the embassy regarding a visa question was through the online inquiry form.

That's why I suggest you call the main number, and when you get a human, tell them you have a 221g and would like to speak to an agent.  You can call the main number and get a human in probably under an hour, depending what time of day you call.  If you have to, tell them you submitted an inquiry but the response was extremely vague.   However, I agree with RO_AH.  I think the cover letter is the most important thing.  If you submit that along with the extra financial papers, I think you should be good.  But it would be better to hear it from the horse's mouth.  You haven't even tried, you might be able to talk to a proper person about it.   Another option is to call the NVC.  You can definitely get an agent in under an hour who might know something. 

 

Edited May 15, 2022 by Steve2022

[abaa 21]

I wanted to give a big thank you to everyone who responded to this post. I used the community advice in deciding which papers to send the embassy. I just saw that our case status is showing as "Issued" so I believe the visa has been approved and is hopefully on the way. For the last couple of years that we've been stuck in the visa process, this community has been immensely helpful and we are grateful for anyone who takes the time to help others get through this process.

[Adventine 3,196]

@abaa congratulations! Your fiancee should get her passport back with the visa soon.

 

Out of curiosity, what documents did you end up sending to prove your income streams?

[abaa 21]

12 hours ago, Adventine said:

@abaa congratulations! Your fiancee should get her passport back with the visa soon.

 

Out of curiosity, what documents did you end up sending to prove your income streams?

Thank you!

I ended up mostly sending documents directly from the brokerage. 1099's, some monthly statements, and a tax return. I think they wanted to see something more directly from the brokerage, rather than the IRS transcripts that were brought to the interview.

[RO_AH 1,659]

21 hours ago, abaa said:

I wanted to give a big thank you to everyone who responded to this post. I used the community advice in deciding which papers to send the embassy. I just saw that our case status is showing as "Issued" so I believe the visa has been approved and is hopefully on the way. For the last couple of years that we've been stuck in the visa process, this community has been immensely helpful and we are grateful for anyone who takes the time to help others get through this process.

Congratulations. I told you it should be fairly easy. 221G's are not usually a big problem.