k1 visa, co-sponsorhip refused

[imBlank 0]

I filed an I-129F for my fiance who lives in the Philippines. I have a son from a previous relationship with ADHD who needs constant supervision as well as a 1 year old daughter with my fiance. Currently I am unemployed because of the fact that I need to be available to my son 24/7, not withstanding my daughters needs as well. With all of these stresses, I don't have a job yet and I haven't passed the NCLEX-RN. Just imagine trying to study and not having 5 minutes a day to yourself since a child goes running around screaming at the top of their lungs for no apparent reason. I was even investigated by Child Protective Services on suspicion of child abuse/neglect due to my sons behavior in school. They did conclude that there was no reason to suspect abuse/neglect. Only that my son needed more therapy, and medication. He has since been on medication, has lost a great amount of weight because of it and still acts up 4 out of 7 days a week.

I was under the impression that you could use a co-sponsor for the I-134. On the day of my fiance's interview, when the consular officer found out that I dont have a job, he outright denied him a visa stating "K1 visa cannot use a co-sponsor. It has to be the petitioner who will be able to provide proof of employment. At this rate, you are denied a visa since there is a likelihood that you will become a public charge of the United States government." His advice was that I get a job and once I get a job, file for income tax and my fiance could come back for reconsideration. Great. Where does he think I should put my kids then? Maybe I should wait for Child Protective Services to come knocking on my door again.

Even though my fiance told him that my mother and my brother have both filled out forms I-134 and forms I-864 showing their willingness to take responsibility for my fiances' presence here in the United States, he still refused to even take a look at the affidavits. Both my mother and brother are nurses and earn way beyond the 125% poverty guideline. Simply because I, the main sponsor, don't have any income, my fiance has been denied a visa. We all live under the same house, which my brother owns.

It just goes to show you that not all embassies are the same. It is the consular officer that has the last say. Even though he was presented with the facts, and the reason why I couldn't get a job, he still didn't budge.

Right now, I am stuck with two kids. One that screams his head off most of the time, running around and jumping like crazy while banging his head against the wall, doesn't really have much sense of reality, and a baby girl who will grow up to watch her father only through a computer screen.

Hopeless situation. Sure feels like I'm in purgatory right now.

[Westindy 0]

I'm very sorry friend for your circumstances. May god bless you.

[imBlank 0]

incidentally...his interview date was just yesterday. December 16 in Manila. I currently dont know what else to do. I cant go back to the Philippines to marry him because im tied to my sons therapy sessions and school work right now. I cant just up and leave. Plus..it really costs a lot. And it would take another looooooooooooooong, looooooooooooooong time to get him here.

[rebeccajo 14]

I'm going out on a limb here and make a couple of assumptions. If I am wrong, please correct me and forgive me.

As you say you have no income and you are staying home taking care of your children, there is the possibility that you yourself are drawing means-tested benefits. If you are the recipient of funds from the Department of Human Services in your State, that is likely why the denial occurred.

[imBlank 0]

nope. I'm not receiving benefits from tanf, medicaid, chip, wic or whatever else. I DONT QUALIFY FOR THOSE. Why?? because those things utilize the household income, and Im one of the household members. My brother's income can accommodate 10 people. He is the head of the household. Hence the reason I didnt qualify for any govenrnment funded aid. My sons psychiatrist, and all his therapist, we use private pay.

[rebeccajo 14]

nope. I'm not receiving benefits from tanf, medicaid, chip, wic or whatever else. I DONT QUALIFY FOR THOSE. Why?? because those things utilize the household income, and Im one of the household members. My brother's income can accommodate 10 people. He is the head of the household. Hence the reason I didnt qualify for any govenrnment funded aid. My sons psychiatrist, and all his therapist, we use private pay.

Ah. Well then as I said in my post, my aplogies.

Manila has a track record for accepting an affidavit from someone other than the petitioner despite the old-wives tale that they do not. We can assume these affidavits must be well prepared and documented for them to pass muster. We can presume that your brother's affidavit was well prepared also.

All other things being equal with your case, then it's hard for us to say what could have gone wrong. There is the fact that consular officers can deny a case for any number of reasons, not the least of which is 'totality of circumstance'.

[imBlank 0]

hmm..im just a simple person. what exactly is totality of circumstance?

Take this into consideration. Our household has two income earners.. my mother a registered nurse and my brother, also a registered nurse. both earn $34/hour and $38/hour respectively. They work 12 hours a day 7-8 times in 2 weeks. if you calculate all of that, you'd get a general idea just how waaay over poverty guidelines our household is. Our house has 2 babies, 1 kid, 5 adults. That all comes down to 8 people. And with just my brothers income, not including my moms, all heads in the house are already covered.

which is why it really is a stab to the heart to have the visa denied at this point. If only that consular officer would take 2 minutes to take a look at those forms. He just outright refused to look at them.

[Dakine 26]

Not much you can do but hope things work out and you get a job. Getting married wouldn't be a 100% cure.

COs can still deny married people if they think the beneficiary may end up on public assistance.

Are you on any kind of public assistance now?

[Gary and Alla 3,694]

I filed an I-129F for my fiance who lives in the Philippines. I have a son from a previous relationship with ADHD who needs constant supervision as well as a 1 year old daughter with my fiance. Currently I am unemployed because of the fact that I need to be available to my son 24/7, not withstanding my daughters needs as well. With all of these stresses, I don't have a job yet and I haven't passed the NCLEX-RN. Just imagine trying to study and not having 5 minutes a day to yourself since a child goes running around screaming at the top of their lungs for no apparent reason. I was even investigated by Child Protective Services on suspicion of child abuse/neglect due to my sons behavior in school. They did conclude that there was no reason to suspect abuse/neglect. Only that my son needed more therapy, and medication. He has since been on medication, has lost a great amount of weight because of it and still acts up 4 out of 7 days a week.

I was under the impression that you could use a co-sponsor for the I-134. On the day of my fiance's interview, when the consular officer found out that I dont have a job, he outright denied him a visa stating "K1 visa cannot use a co-sponsor. It has to be the petitioner who will be able to provide proof of employment. At this rate, you are denied a visa since there is a likelihood that you will become a public charge of the United States government." His advice was that I get a job and once I get a job, file for income tax and my fiance could come back for reconsideration. Great. Where does he think I should put my kids then? Maybe I should wait for Child Protective Services to come knocking on my door again.

Even though my fiance told him that my mother and my brother have both filled out forms I-134 and forms I-864 showing their willingness to take responsibility for my fiances' presence here in the United States, he still refused to even take a look at the affidavits. Both my mother and brother are nurses and earn way beyond the 125% poverty guideline. Simply because I, the main sponsor, don't have any income, my fiance has been denied a visa. We all live under the same house, which my brother owns.

It just goes to show you that not all embassies are the same. It is the consular officer that has the last say. Even though he was presented with the facts, and the reason why I couldn't get a job, he still didn't budge.

Right now, I am stuck with two kids. One that screams his head off most of the time, running around and jumping like crazy while banging his head against the wall, doesn't really have much sense of reality, and a baby girl who will grow up to watch her father only through a computer screen.

Hopeless situation. Sure feels like I'm in purgatory right now.

Consulates do not have to accept co-sponsors. Some are more strict abouyt that than others and Manilla is one of the more difficult ones, from what we see here.

Your option at this point is to go to the Phillipines, get married and file for a CR-1. You will be able to use a co-sponsor as the affidavit of support will be done at the NVC and not at the consulate

Not much you can do but hope things work out and you get a job. Getting married wouldn't be a 100% cure.

COs can still deny married people if they think the beneficiary may end up on public assistance.

Are you on any kind of public assistance now?

If she applies for a CR-1 it avoids this judegment by the difficult Manilla consulate and puts it into the more consistent NVC where co-sponsors are allowed.

[imBlank 0]

Not on any form of assistance from the government at all...I sure wish it was as easy as just flying back to the philippines and just marrying him. I have daily sessions with my son for therapy. Psychiatrist appointments are every 2 months, psychologist, every 2 weeks. speech, occupational and physical therapy are daily sessions. Aside from that, he has school. ALL of this we pay for in cash/check. We dont like using credit cards on his program.

[Gary and Alla 3,694]

hmm..im just a simple person. what exactly is totality of circumstance?

Take this into consideration. Our household has two income earners.. my mother a registered nurse and my brother, also a registered nurse. both earn $34/hour and $38/hour respectively. They work 12 hours a day 7-8 times in 2 weeks. if you calculate all of that, you'd get a general idea just how waaay over poverty guidelines our household is. Our house has 2 babies, 1 kid, 5 adults. That all comes down to 8 people. And with just my brothers income, not including my moms, all heads in the house are already covered.

which is why it really is a stab to the heart to have the visa denied at this point. If only that consular officer would take 2 minutes to take a look at those forms. He just outright refused to look at them.

In YOUR totality of circumstance the K-1 was a poor choice. You cannot combime household members incomes with the I-134 used for the K-1, but you CAN combine household members incomes for the I-864 used for the CR-1. This was a series of bad choices leading up to a denial by a difficult consulate.

Marry him, file a CR-1 petition, file an I-864 combining household members incomes and Manilla can take a long walk on a short pier.

[Dakine 26]

Not on any form of assistance from the government at all...I sure wish it was as easy as just flying back to the philippines and just marrying him. I have daily sessions with my son for therapy. Psychiatrist appointments are every 2 months, psychologist, every 2 weeks. speech, occupational and physical therapy are daily sessions. Aside from that, he has school. ALL of this we pay for in cash/check. We dont like using credit cards on his program.

Is there any possibility your fiancee could qualify for a tourist visa and come here and marry?

If not you both fly to another country like Palau and marry.

There's a 10 day waiting period in PI so that wouldn't work for you flying there.

Edited December 16, 2009 by Dakine

[imBlank 0]

yeah...i wish i could do all that. things to consider though:

1) I have no money. so..so much for just up and flying anywhere.

2) any funds I have to use, needs to go through my mothers approval. (which at this point she is more than pissed that the visa got denied after spending $455 on I-129F, $213.35 on medical, $131 visa fee, $200 plus on fedex, $500 plus on flight, hotel, taxi and meal allowance for my fiance while in manila)

3)Paying for my sons therapy and everything else.

I am on edge since I have been jobless for a year. What sucks the most is that unlike in the Philippines where we can just get a nanny and pay 2500 pesos and you'd get to have some time to study and relax or what not, here in the US, they can kick out and ban your kids from daycare. This is the first time in my life I've been stuck for this long and my brain is turning into sludge. Add to that I haven't been with my fiance for over a year, caring for kids on my own..doesn't really contribute to a relatively balanced frame of mind. My judgement in making decisions right now is really close to nilch.

Plus...the city im in is full of hispanics. Any part time job here requires that you should be bilingual. Unfortunately, I'm not. If it were so easy to just take any part time job, i would've done it a long time ago. I get denied jobs here simply because I know not a single word of spanish except, OLa!

[CherilynandDamion 1]

This is a horrible position you are in, but I think the consulates concerns were the same as the issues you just listed. You have so much going on and you don't have a dollar to spare with all the medical bills etc. So how would it effect you to have another person not earning in the household? I know that having your fiance there would mean more child care so you could then maybe go and look for a job, but they are just looking at actual facts and not real life. They would want to know how you would be able to afford a wedding? And then afford an AOS? Healthcare? And what if he couldn't get a job for another 6 months? etc. Don't get me wrong, I am fully on your side, but these are a couple of things your CO would have been thinking.

Can your family not take some vacation time from work to take care of the kids and maybe lend you some money to fly and get married? With two nurses who earn way more than the 125% poverty level it sounds like you have a good set up for some child care help and a small loan maybe? I am just throwing ideas out there to maybe shine a fresh light on things, so please don't think I am being very simple about this. This may not be an option to you.

Hope a solution presents itself soon. Good luck.

[imBlank 0]

Here's the thing. I just need to pass the NCLEX-RN to get a job. My fiance is also a nurse graduate and is also waiting to take the NCLEX-RN. I can't focus on studying right now since I'm just so stressed out, no time to study or attend review classes. I graduated in 2005. My fiance graduated in 2007. In comparison, hes the smarter one and his chances of passing the nclex are a lot more higher than me. That's more the reason I need him here.

Babysitters are just not an option. Daycare...my kids are banned from daycare thanks to my sons antics. He used to have daycare which cost 100 per week.