Denied - Co Sponsor Completly Ignored - Please Help!

[NateM 0]

Hello everyone,

I hope I am posting this in the correct section. I may post it in the main section too just in case..

Anyway, my fiancee just attended her K-1 interview at the Embassy in Bangkok. She was denied primarily because the consular officer said I don't make enough income. I lived in Thailand for nearly all of 2006, and haven't made a lot of money since returning to the US due to a blown car engine and some other factors beyond the scope of this post. But my mom was a co sponsor for me, and made well above the minimum income requirements. At the interview, the officer apparently looked at my income, and told my fiancee it wasn't enough... When my fiancee brought up the fact that my mom was a co sponsor, the officer said, "I don't care about the co sponsor. He doesn't make enough money and won't be able to support you." She said he practically shouted it at her...

She was told she has to return with my 2007 income tax return. The problem is, I didn't file one in 2007 because I made so little. Had the consular officer taken the time to look at my I-134/financial package, he would have already known this. My fiancee had so much to memorize that she apparently forgot about this fact, and walked out the door.

I am confused and upset and tempted to just walk down to the Embassy myself and ask to talk someone (I came back to Thailand for the interview), although the one in Bangkok apparently only allows the visa applicants themselves inside. I have an immigration law firm attorney, although I'm not sure if they can do much, and can't contact them until they open later.

I suppose my main question is, has anyone heard of anything like this? How can they just completely ignore a co sponsor who makes enough money and has signed a document guaranteeing the applicants financial support? Are they allowed to do this????

Scared to death,

Nate

[Habibi 0]

I have the same situation with income and co sponsor. I hope this does not happen to me. I am sorry that it did for you. What are you going to do next? What options do you have? Are you going to leave her and come back to US?

[Dakine 26]

I guess it's up to the CO as they deny using a co sponsor now and then in the Philippines also.

Pretty standard for the beneficiary to have the petitioners most recent years taxes in hand or a letter stating why they were'nt filed.

Sure sounds like your lawyer didn't have their act together.

[AaronLV 12]

I suppose my main question is, has anyone heard of anything like this? How can they just completely ignore a co sponsor who makes enough money and has signed a document guaranteeing the applicants financial support? Are they allowed to do this????

I had heard that the Bangkok embassy does not allow co-sponsors. Every embassy has different rules in what they allow. In Thailand, there is a lot of VISA fraud so they are stricter then other embassys.

Did you follow the instructions in Packet 3? The packet 3 instructions says, you must provide your previous year tax return with the affidavit of support. You can try to go in and talk to them, however in your case I doubt it will do any good since they are denying you because you do not make sufficient income.

On a different note, it does not matter how little or the fact that you make no money, you are still suppose to file a tax return regardless. This can come back to bite you later on. I suggest filing it immediately for the previous year, and pay the penalties, and interest you will be charged.

[smokey27 0]

This what happen to my case also (Not accept our Co-sponsor) but were not denied the consul who Interview to me ask the new stating job Income of my fiance but since my fiance undergo a major operation he still cant provide the required documents.So I have to wait until he is 100% OK so he can able to find a job again and past required documents to the Embassy , It's really dissapointing t deal with this but there's nothing we can for the laws of every Embassy, On our case we ask the help of the Congressman and Senator, and waiting to hear from them, so why don't you give a shot to try, or try to find a new job and show your new stating Income to prove that you can support your fiancee.

[john_and_marlene 162]

If you get married and file for CR1, cosponsors will be allowed for the I-864. For K visas, it is completely at the discretion of the CO to determine if it is likely that the beneficiary will be adequately supported. For the CR1 alternate sponsors are allowed by statute and are not at the discretion of the CO.

[Noi3125 1]

You can call the IRS and ask for a letter of confirmation of non-filing. They mail it out within a couple days. It took no longer than 4-5 days before I recieved mine. However they will only issue this letter if you REALLY didn't need to file taxes. If you made over a certain amount on a W-2, made over 400 on an 1099, or any 1099 - MISC income then you must file. But really call the IRS everyone I have ever talked to there is more than friendly and helpful.

I heard advice from one of the people who supposedly interviews in Bangkok never to take no for an answer but always ask to schedule another interview. Apparently if you don't pass you can schedule a new interview and hopefully with a different interviewer and they may have different rules or standards.

Take care,

Noi

[YuAndDan 153]

Moving this to Embassy/Consulate forum