Not all embassies allow co-sponsor for K1 Visa

[Skyler 0]

I´m posting my experience with the US Embassy of El Salvador below so that the rest of you can avoid having the same problem we did. I realize that most embassies do allow co-sponsors for the K1 visa, but you should check directly with your embassy before assuming that they allow it. Here was our experience:

The embassy ranks well as far as responding to emails and mailing Packets 3 and 4 by email. As far as the interview, the first person my fiance talked with (the first interview) was EXTREMELY rude and seemed like she was looking down to him. When she reviewed his financial info (well, my financial info) she told him that the K1 visa can´t have a co-sponsor and that I don´t qualify to sponsor him because I have lived in El Salvador for 2 years and haven´t filed taxes (which is why we had a co-sponsor...). She kept opening her eyes really wide and saying ¨You CAN´T be a BURDEN to the STATE¨ and ¨We need PROOF that you´re going to WORK.¨ Even though he has worked him whole life and I have too and neither of us have ever had any troubles with the law or drugs. She told him he had to get an ORIGINAL letter fom an employer in the States saying that they were offering him a job, the position, number of hours per week, and salary.

We spoke with the Department of State on the phone twice, and both people told us that the information given by the embassy was INCORRECT and that we COULD have a co-sponsor for the K1 visa (or that someone from my family could be the primary sponsor). My fiance went back to the second interview with a letter from MY employer in the States saying I was rehired, my salary, start date, etc, but they still stated that it was not sufficient and he needs a letter of employment for HIM. The second woman he spoke with, the actual Consul, he said was much nicer and took the time to listen to him and explain, but she still held firm that I couldn´t have a co-sponsor and the letter from my employer was not sufficient. They also did not care what we had been told by the DOS. The Consul stated that the K3 can have a co-sponsor, but not the K1, because on the K1 he could in theory go to the States and not marry me, so the family member would have no obligation to follow through with supporting him. But, according to that logic, he would not be able to apply for AOS if we didn´t get married and could not have work authorization anyway, so, then what good would an offer of employment be in that situation anyway? Basically they want him to work without work authorization? Well, they don´t care about logic, they stood firm with their requirement of a work offer letter for him.

This would have been fine if they had given us enough time to get the letter, like if the information had been on their website or in any of the forms they had sent us. But the interview was the first we heard about it. So getting the letter on short notice has caused a lot of delay and expense in an otherwise smooth process. Luckily, however, they did not deny the visa, and as soon as we get the letter we were told to sent it via Cargo Expreso and they would send us the visa. So, anyone applying for a K1, DON´T PLAN ON USING A CO-SPONSOR, IF THE USC DOESN´T QUALIFY TO BE THE SPONSOR YOU SHOULD INSTEAD PLAN TO GET A WORK OFFER LETTER, ON LETTER HEAD, WITH THE POSITION, SALARY, AND HOURS FOR THE NON USC FIANCE. Although the USC still needs to provide all their financial info and fill out the I-134

[Laura+Tom 2]

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Edited December 9, 2008 by Laura+Tom

[Otto 83]

Double Post: http://www.visajourney.com/forums/index.php?showtopic=166191

Thank you for sharing.

Just to clarify - you petitioned for a K-1 and are living in El Salvador? (Or used to live there?)

(As an aside - an USC is obligated to file an income tax return even when living abroad and regardless if his/her foreign earnings would/would-not be taxable.)

[toma1 10]

(As an aside - an USC is obligated to file an income tax return even when living abroad and regardless if his/her foreign earnings would/would-not be taxable.)

That is not true. You do NOT have to file a tax return if your gross income does not exceed certain limits.

Edited December 9, 2008 by toma1

[pushbrk 12,894]

(As an aside - an USC is obligated to file an income tax return even when living abroad and regardless if his/her foreign earnings would/would-not be taxable.)

That is not true. You do NOT have to file a tax return if your gross income does not exceed certain limits.

That's correct. For immigration purposes you can submit a short note citing the IRS regulation that indicates you are not required to file. Usually that is because the income doesn't meet the minimum for required filing. These folks generally need co-sponsors though.

[Otto 83]

(As an aside - an USC is obligated to file an income tax return even when living abroad and regardless if his/her foreign earnings would/would-not be taxable.)

That is not true. You do NOT have to file a tax return if your gross income does not exceed certain limits.

Just an FYI to the OP and future readers (as we don't know the OP's financial situation so it would not be prudent to suggest offhand she doesn't need to file a tax return). Often times people do not file tax returns simply because they are misinformed. Most people should file tax returns (emphasis on most).

U.S. Citizens and Resident Aliens Abroad - Filing Requirements

If you are a U.S. citizen or resident alien living or traveling outside the United States, you generally are required to file income tax returns, estate tax returns, and gift tax returns and pay estimated tax in the same way as those residing in the United States. Your income, filing status, and age generally determine whether you must file a return. Generally, you must file a return if your gross income from worldwide sources is at least the amount shown for your filing status in the Filing Requirements table in Chapter 1 of Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad.

Source

[Mononoke28 135]

The US embassy in El Salvador is absolutely 100% wrong and something needs to be done about this. It is obvious that they didn't want to grant him his K1 visa for some reason but for them to say that it's because you had a co-sponsor, that's pure bull #######. Even the DOS is saying it's not right for them to deny you based on that, so something needs to be done about it.

Diana

[pushbrk 12,894]

(As an aside - an USC is obligated to file an income tax return even when living abroad and regardless if his/her foreign earnings would/would-not be taxable.)

That is not true. You do NOT have to file a tax return if your gross income does not exceed certain limits.

Just an FYI to the OP and future readers (as we don't know the OP's financial situation so it would not be prudent to suggest offhand she doesn't need to file a tax return). Often times people do not file tax returns simply because they are misinformed. Most people should file tax returns (emphasis on most).

U.S. Citizens and Resident Aliens Abroad - Filing Requirements

If you are a U.S. citizen or resident alien living or traveling outside the United States, you generally are required to file income tax returns, estate tax returns, and gift tax returns and pay estimated tax in the same way as those residing in the United States. Your income, filing status, and age generally determine whether you must file a return. Generally, you must file a return if your gross income from worldwide sources is at least the amount shown for your filing status in the Filing Requirements table in Chapter 1 of Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad.

Source

Nobody suggested otherwise. Your assertion that "(As an aside - an USC is obligated to file an income tax return even when living abroad and regardless if his/her foreign earnings would/would-not be taxable.)" was incorrect. Nothing in the response indicated the OP shouldn't file a tax return, for precisely the reason you mention. We don't know. Had your original statement used the term "most" it would have been correct but your statement was incorrect.

[Skyler 0]

The US embassy in El Salvador is absolutely 100% wrong and something needs to be done about this. It is obvious that they didn't want to grant him his K1 visa for some reason but for them to say that it's because you had a co-sponsor, that's pure bull #######. Even the DOS is saying it's not right for them to deny you based on that, so something needs to be done about it.

Diana

Yes, it´s true, but we figure that fighting it will take much longer then simply complying so that is what we´re doing. We may file a complaint after a while, though, because they should at least be giving the same info as the DOS, or have this information somewhere in the forms they send you, or on their website. As far as wanting to deny us for some other reason, who knows, I don´t know why they would invent something, if they had a serious concern (which I don´t see what it could be, we are a pretty straight forward case) they could have addressed it directly. Maybe the lady was racist, as many people here are, who knows?