K1 visa rejected, have 90 days to show proof, affidavit, both of us are unemployed, what to do?

[lurido 0]

Good morning to everybody,

I read a lot of topics here and they were really useful, better than the embassies instructions...

As the title says I went to the interview and they denied my visa with a "section 212 (a)(4) which prohibits the issuance of a visa to anyone likely to become a public charge"

This is because only my fiancee's mother filled the I-134 and they said it's not enough, the interviewer just handed me the paper and sent me away.

The interviewer didn't even told me what to present in order to meet the requirements for the affidavit.

Both I and my fiancee are still studying, I'm unemployed and my fiancee has a part time job and so we thought my fiancee's mother's affidavit would suffice. It's not like this.

What are your experience with the affidavit?

Even if we are unemployed can I get the visa?

Is it enough to show she has enough money for both of us in assets and in the bank account?

I'm still shocked by what happened.

Both of us are scaried by the fact we may not see each other for a long time.

I hope someone here could give us some clear answers.

[Merrytooth 5,748]

Please fill in your timeline, country of origin so that people could advise you better.

[san diego 407]

I am assuming your fiancee's mother is a co-sponsor. If (only if, depends on the consulate) her mother lives alone she needs to make sufficient income to support herself and you. This means that she needs to make at least $18,912 per year. If she doesn't, there is no other way except for finding another co-sponsor or for your fiancee to find a job and re-apply. Since we do not know your country of origin we do not know if your consulate will allow co-sponsor.

In general, I highly recommend getting a job and re-applying. This is absolutely true: they will not issue visa unless petitioner can support both.

[Not a user 0]

I am assuming your fiancee's mother is a co-sponsor. If (only if, depends on the consulate) her mother lives alone she needs to make sufficient income to support herself and you. This means that she needs to make at least $18,912 per year. If she doesn't, there is no other way except for finding another co-sponsor or for your fiancee to find a job and re-apply. Since we do not know your country of origin we do not know if your consulate will allow co-sponsor.

In general, I highly recommend getting a job and re-applying. This is absolutely true: they will not issue visa unless petitioner can support both.

Unfortunately second this; If he doesn't have the means to provide he can support you, you are likely to become a public charge, depending on the government to provide for you. They really dont want this to happen so until the petitioner has a job and makes enough to support the both of you... not much can be done.

[baron555 934]

If the mother's income, obviously, doesn't meet the minimums, then you need another cosponsor.

[Tintin and Mike 127]

Isn't because the soon to be mother-in-law used I-134 instead of I-864? I'm not sure about this

Good luck!

[san diego 407]

Isn't because the soon to be mother-in-law used I-134 instead of I-864? I'm not sure about this

Good luck!

No, even co-sponsors need to use I134 at this stage. The problem is her personal income.

[lurido 0]

No, even co-sponsors need to use I134 at this stage. The problem is her personal income.

ok, so for income you mean her salary?a full time job?

Because my fiancee has a part time job and bonds and some other money.

Isn't it enough to have $18,912 in the bank account? Or you absolutely have to have a full time job?

P.s.: tomorrow I will try to complete the timeline, I have to get back home

[san diego 407]

ok, so for income you mean her salary?a full time job?

Because my fiancee has a part time job and bonds and some other money.

Isn't it enough to have $18,912 in the bank account? Or you absolutely have to have a full time job?

P.s.: tomorrow I will try to complete the timeline, I have to get back home

She has to have $18,912 income from work. While she may be able to substitute some income with liquid property, money that all of a sudden appear on the account will not do it, especially now when your petition has been rejected for insufficient income. More over, the closer her income is to lowest $18,912 the more likely they will ask to prove that this is consistent income, such as 3 year worth of tax returns. For example, if her income is $19,000/ year they will definitely ask for 3 years tax returns to see that she was making it consistently. On the other hand if she makes right now $30,000 and has a letter from employer that she has excellent employment prospectives, they will not care about even most recent income since her income currently is sufficient. Frankly, I do not see a chance under the circumstances except finding another co-sponsor that will qualify better. This is your only chance.

[lurido 0]

She has to have $18,912 income from work. While she may be able to substitute some income with liquid property, money that all of a sudden appear on the account will not do it, especially now when your petition has been rejected for insufficient income. More over, the closer her income is to lowest $18,912 the more likely they will ask to prove that this is consistent income, such as 3 year worth of tax returns. For example, if her income is $19,000/ year they will definitely ask for 3 years tax returns to see that she was making it consistently. On the other hand if she makes right now $30,000 and has a letter from employer that she has excellent employment prospectives, they will not care about even most recent income since her income currently is sufficient. Frankly, I do not see a chance under the circumstances except finding another co-sponsor that will qualify better. This is your only chance.

she has investments for 20000(she can have them in late January) and liquids for 10000. Her part time job is at her university and it's some kind of scholarship, it pays her tuition fee. Previous to this part time job she worked more than 3 years, some of them abroad.

Do you think that the current co-sponsor is not enough (it's her mother and they have savings for more than 50000, a big house, no mortgage, and a stable job as an accountant)?

They didn't even ask me the bank statement of the current co-sponsor and neither the co-sponsor's employer letter.

[san diego 407]

she has investments for 20000(she can have them in late January) and liquids for 10000. Her part time job is at her university and it's some kind of scholarship, it pays her tuition fee. Previous to this part time job she worked more than 3 years, some of them abroad.

Do you think that the current co-sponsor is not enough (it's her mother and they have savings for more than 50000, a big house, no mortgage, and a stable job as an accountant)?

They didn't even ask me the bank statement of the current co-sponsor and neither the co-sponsor's employer letter.

What is her annual income (I mean mother)?

[Pinkrlion 2,724]

Good morning to everybody,

I read a lot of topics here and they were really useful, better than the embassies instructions...

As the title says I went to the interview and they denied my visa with a "section 212 (a)(4) which prohibits the issuance of a visa to anyone likely to become a public charge"

This is because only my fiancee's mother filled the I-134 and they said it's not enough, the interviewer just handed me the paper and sent me away.

The interviewer didn't even told me what to present in order to meet the requirements for the affidavit.

Both I and my fiancee are still studying, I'm unemployed and my fiancee has a part time job and so we thought my fiancee's mother's affidavit would suffice. It's not like this.

What are your experience with the affidavit?

Even if we are unemployed can I get the visa?

Is it enough to show she has enough money for both of us in assets and in the bank account?

I'm still shocked by what happened.

Both of us are scaried by the fact we may not see each other for a long time.

I hope someone here could give us some clear answers.

What supporting documents did she provide with her i-134. Although, he is unemployed, he still completes the forms. Did they provide tax returns for 3 years, employment letter, W-2's, payroll stubs, bank statements, and proof of other assets they wanted to be considered?

Your co-sponsor can be another family member.

[Xanax 349]

What is the mother's income and how many people is she supporting if you include yourself?

[Lynkali 163]

This is because only my fiancee's mother filled the I-134 and they said it's not enough, the interviewer just handed me the paper and sent me away.

I'm trying to understand this sentence. Are you saying that your fiancee herself did NOT file the I-134? That you only had one I-134 and that was the mother's? If so, I believe that is your problem: your fiancee HAS to file the I-134 regardless of her income and regardless of whether there is a co-sponsor. Then in addition to your fiancee's paperwork, her mother must also file the I-134 as a co-sponsor, with all HER supporting documentation.

I'm preparing for this stage myself, so someone please correct me if I'm wrong on the above. But I'm almost positive that the fiancee (petitioner) must file an I-134 regardless of cosponsorship.

[Pinkrlion 2,724]

I'm trying to understand this sentence. Are you saying that your fiancee herself did NOT file the I-134? That you only had one I-134 and that was the mother's? If so, I believe that is your problem: your fiancee HAS to file the I-134 regardless of her income and regardless of whether there is a co-sponsor. Then in addition to your fiancee's paperwork, her mother must also file the I-134 as a co-sponsor, with all HER supporting documentation.

I'm preparing for this stage myself, so someone please correct me if I'm wrong on the above. But I'm almost positive that the fiancee (petitioner) must file an I-134 regardless of cosponsorship.

You are correct.