k-1 visa denied! Help............

[silverbutterfly228 0]

wow I don't think its fair if some consulates allow a joint sponser and others don't, especilly when USCIS states you can use one. At least it's been only delayed and not denied and you can prove you meet the requirements. I would get a letter from your employer and pay stubs now.

[Priscila and Christopher 0]

I also couldn't understand why they denied your visa! I thought it worked the same way in any Consulate...

Here in Brazil, I knew about a case where the petitioner couldn't sponsor his fiance... In the day of the interview they didn't give the girl the visa because of this, but they didn't deny as well! They only asked her to tell him to find a sponsor and schedule a new interview! So, few days later, she had her interview again and got her visa!

Good luck!

Yes... I agree with you but I heard a mixed news some said a co-sponsor can't used to applying for k-1 visa and other said it's ok to have a co-sponsor....For this case, they didn't totally reject my fiancee's k-1 visa and allows the u.s petitioner to re-submit additional financial documents only if the financial situation improve significantly!

Since I didn't earn enough income for last year and I've brought in a co-sposor who makes more than enough as a qualified co-sponsor at the interview and Consulate Officer said, " I can't use a sponsor for K-1 Visa, and she concluded that only the U.S petitioner's income is taken into account". This why K-1 was delayed and I have just been employed for a couple weeks will this help to prove to the Consulate officer that my beneficiary will not become a publuc charge after entering U.S. I don't know why on the USCIS web site states that if the petitioner doesn't earn enough income, he/she can ask for a co-sponsor but this is a contradiction ! I will try to appeal.

Hey!

But there is something really unfair in this story!

At USCIS website they say YOU CAN use a co-sponsor and every consulates I've heard about do accept this! So, I really don't understand how they had the nerves to deny it to you! I guess it's something wrong happening in Vietnamese consulates and you should really appeal this stupid "decision" of them! If it's allowed for another countries, it must be allowed for Vietnam too!

I'll need a co-sponsor too and I would be really mad and would appeal in every way I could if they denied my visa because of this!

Besides...

This sponsor thing, as I know, is only for the beneficiary not to give expanses to US government, specially in the first months, when there's not work permit... But then, the beneficiary can work normally and help to support the family!

For example... In my case, my fiance is still a student! He can't work more than he already does only to make de 125% poverty guideline that US asks! But his father can help us financially if we need it in an emergency, specially while I'm still not working! (he'll be our sponsor)

So, my fiance would have to quit school and all his plans to work more hours to get me to USA, with no need, since I'll work as soon as I can!? That's ridiculous! They can't obligate you to be the only sponsor!

Well, friend.... I really wish they use the common sense and give you what's a right of yours!

[STL_HCMC 0]

Syee999, I'm also a fellow petitioner going through the Ho Chi Minh City consulate.

Not that it is any of our business, but can you clarify the relationship and location of your co-sponsor?

I was given this response after I emailed the HCMC consulate:

"Please note that the interviewing officer will have greater discretion in determining whether or not a petitioner's income is sufficient to meet the minimum poverty income guidelines when the I-134 is used.

Technically, there are no provisions under the law for a "joint sponsor" for the I-134, but there is no prohibition either, which is why our policy is to accept joint sponsors under certain circumstances. Since the joint sponsor who submits an I-134 has no legal obligation to fulfill the terms of the affidavit, the officer CAN take into consideration the credibility of that affidavit of support, and living in a different state can be a criterion for denial."

Take a deep breath, put a plan together and understand that you still have a fighting chance. I've heard of many getting through HCMC with a co-sponsor.

STL_HCMC

[Matt_Stevens 5]

Well I am in full on panic mode right now. I am going through HCMC and have a co-sponsor. My income last year was ZERO and the year before was very low for a variety of reasons.

So basically, my fiancee and I are screwed.

[S&S 1]

I had my k-3 denied because lagos consulate, say they don't accept co-sponsors for k visas but when the I-130 comes through, they will accept one. The department of state told me several times that consulates don't have to accept co-sponsors for the k visas but they have to for I-130s. It really depends on the consulates and the consular officer, because i know someone who went to the same consulate about 4 months before ours and they accepted their co-sponsor. Maybe they changed their rules or something.

[Matt_Stevens 5]

You can use an I-130? for a wife? I was not aware of this. God, this seems ridiculously complicated.

[tribeleaf 0]

It would be nice if the officers at the consulates followed the same guidelines for all K1 visas. When I went for my interview at consulate in Montréal, we had a co-sponser, but they never gave it a glance. In fact the looked soley at my (then fiancés) affidavit only. They whole interview took 5 minutes. We even said to them " Do you not want to see the stuff from the co-sponser?" They said no we looked at his I-134 and that's good enough. Meanwhile it was under 125% poverty level. Even if they didn't want to look at it, we prepared one and it was in the file.. I just don't understand how consulates can be so inconsistant about what they will accept and not accept. I'm glad our process has gone smoothly for us without any bumps.

[syee999 0]

For starters, the OP used a joint sponsor

Last year I didn't earn enough income about 4 grams and bought in a co-sponsor but couldn't help.

Sadly I have read posts where Vietnam may not be accepting joint sponsors. There doesnt seem to be any clear indictation as to whether this is happening as a standard or random from Conofs conducting the interview.

What members have to remember is that the I-134 is not the only thing a Conof MAY use to determine if the applicant will become a public charge when applying for a K visa. Its a totally differentt fish than the I-864. The I-134 is not a requirement of K visas but is often used, and even when used it stands to reason that there is no requirement for any Consulate to accept joint sponsors. Every consulate will be different in how they make their determination on the public charge issue.

I am sorry about the denial. Is it be being sent back for revocation? If that is the case, perhaps your only recourse is going to be to get married and do either K-3 if you will then have enough income of your own to assist in overcoming the public charge issue, or a CR-1 where the I-864 will come into play. Either way you will need to respond to ANYTHING sent to you regarding the revocation of the I-129F for this denial. See this article written by ellis-island http://www.visajourney.com/forums/index.php?showtopic=6769&hl=

Lorelle

Ok, I just read the above post by the OP. Look at overcoming the public charge HERE Have a look at the links in the thread.

Hi Aussiwench,

Actually my K-1 visa case was not totally rejected as stated in the letter from Conofs, within a year the sponsor needs to show his/her financial improvement especially employment stability. I'm getting my new job and have just started a couple weeks ago so when is the right time to show the conofs that I am more stable now then before? I have no clue at all because in the explanation letter from the conofs didn't specify when and how ......

[Boiler 46,125]

Send it in now. If they have an issue with how long you need to be in a job then they will raise it.

As others have said Consulates have a lot of discretion in what they do and do not allow, sometimes it works in peoples favour, sometimes not. You have to work within the rules of the applicable Consulate.

Some do not allow co-sponsors, some do not allow assets to be taken into account. Some allow self sponsorship.

However they have given you a way of proceeding so take it up.

[STL_HCMC 0]

Another thing to think about in relation to this post is the details regarding the co-sponsor (i.e. income in relation to household size/dependents). If I'm not mistaken, doesn't the co-sponsor have to include the beneficiary into this mix when calculating 125% of the poverty level.

Can syee999 (petitioner) fill us in on any details regarding the co-sponsor?

Income? Household size/dependents? Relationship to you? Location?

STL_HCMC

[syee999 0]

Another thing to think about in relation to this post is the details regarding the co-sponsor (i.e. income in relation to household size/dependents). If I'm not mistaken, doesn't the co-sponsor have to include the beneficiary into this mix when calculating 125% of the poverty level.

Can syee999 (petitioner) fill us in on any details regarding the co-sponsor?

Income? Household size/dependents? Relationship to you? Location?

STL_HCMC

Hi STL_HCMC,

It's the same income requirement for sponsor and co-sponsor. In my case, it's in CA and my co-sponsor is a family member who does not need to support any one else beside the beneficiary. The co-sponsor needs to include the beneficiary otherwise what is the point of being a co-sponsor? IF the co-sponsor has supported or filled out the affidivit of support for someone before, that also count!

Edited April 4, 2006 by syee999

[STL_HCMC 0]

Hi syee999,

You are correct that the co-sponsor needs to include the beneficiary into the household size poverty level determination. I've just heard of cases before where others weren't aware of that and thus the resulting income of the sponsor and/or co-sponsor wasn't sufficient to accomodate the indicated dependents plus the beneficiary.

So has your co-sponsor completed an I-134 Affidavit of Support on behalf of someone else prior to accepting to co-sponsor for your case?

Just trying to work this issue down to the finest details so we can all understand it better. I'll be in the same situation you are in when our interview comes. I'm living/working in Vietnam on an excellent local market salary (great for Vietnam, but just over the 125% of poverty level in the USA) and using my father as a co-sponsor for our case.

STL_HCMC

Another thing to think about in relation to this post is the details regarding the co-sponsor (i.e. income in relation to household size/dependents). If I'm not mistaken, doesn't the co-sponsor have to include the beneficiary into this mix when calculating 125% of the poverty level.

Can syee999 (petitioner) fill us in on any details regarding the co-sponsor?

Income? Household size/dependents? Relationship to you? Location?

STL_HCMC

Hi STL_HCMC,

It's the same income requirement for sponsor and co-sponsor. In my case, my co-sponsor is a family member who does not need to support any one else beside the beneficiary. The co-sponsor need to include the beneficiary otherwise what is the point of being a co-sponsor? IF the co-sponsor has supported or filled out the affidivit of support for someone before, that also count!

[duyen&sean 0]

Hey! Has there been any news regarding this issue of financial support? Our interview is on the 28th of July, and my father is a joint-sponsor. I have a very small amount of part-time income as I am a grad student. My mother actually came to our engagement celebration in Vietnam, and it is so obvious that my parents will support us. I am a master's student in economics with no real work history, and I am still a dependent on my father's tax returns. I just feel like this was such a trap. If only someone had told me at the beginning that students cannot do the I-129F if their fiancees are from Vietnam!

Any advice?? I'm really hating all this.

[KimandRuss 0]

Ho Chi Minh is a whole different entity than is the rest of the world. They often reject initially (for whatever reason they want). Sad...but true. It seems you need to 'fight' for it a bit harder there.

You stated the interview was in 2006? And they gave you a year? Are you sure the petition is still valid??? Do you have a letter they gave you with the initial denial? And what does it say?

In any case, I am moving this to the Embassy discussion so that you can get more help. You will also want to check out the Regional threads and you will find lots of people having to deal with issues in Ho Chi Minh and you will get some great advice. Might want to call Mark Ellis. Just do a search of his name and you'll get plenty of hits.

Good luck to you!!!

[payxibka 10,047]

Hey! Has there been any news regarding this issue of financial support? Our interview is on the 28th of July, and my father is a joint-sponsor. I have a very small amount of part-time income as I am a grad student. My mother actually came to our engagement celebration in Vietnam, and it is so obvious that my parents will support us. I am a master's student in economics with no real work history, and I am still a dependent on my father's tax returns. I just feel like this was such a trap. If only someone had told me at the beginning that students cannot do the I-129F if their fiancees are from Vietnam!

Any advice?? I'm really hating all this.

This thread is well over two years old and the OP has not been back here for nearly the same amount of time.