K1 visa DENIED - Public Charge - pretty outraged.

[VisaK1ITA 2]

My Fiance just had her interview in naples today and was rejected (no 90 days to show proof of employment, flat out denied) for our K1. We had all the paperwork and documentation. The story is I'm a student who just graduated and am currently looking for a job. I attained a co-sponsor (my mother) who made more than double the amount supposedly needed. In all, because I myself didn't have a job it was denied. They said they only accept a co-sponsor when the petitioner is very close to the poverty line.

Can I say WOW unexpected (I've never received government welfare benefits, nor is my family) steps forward? I cannot accept having to reapply and wait another 8 months without my fiance! this is ridiculous!

[C-ma'am 684]

I'm so sorry to hear this. I moved your post to the main K1 forum to see if anyone can help you with more information.

[Harpa Timsah 13,258]

Bump. Anyone have any information on the embassy in Italy and any new policy on co-sponsors? This seems odd.

[Penguin_ie 5,993]

That is surprising. I wonder if you got a cranky CO or if this is a new policy? I remember one or two other cases recently like it, in embassies that usually accept co-sponsors.

[Novembro 1,763]

Sorry to hear that.

I just found out that we were denied too. Crappy, crappy day.

[aaron2020 11,651]

My Fiance just had her interview in naples today and was rejected (no 90 days to show proof of employment, flat out denied) for our K1. We had all the paperwork and documentation. The story is I'm a student who just graduated and am currently looking for a job. I attained a co-sponsor (my mother) who made more than double the amount supposedly needed. In all, because I myself didn't have a job it was denied. They said they only accept a co-sponsor when the petitioner is very close to the poverty line.

Can I say WOW unexpected (I've never received government welfare benefits, nor is my family) steps forward? I cannot accept having to reapply and wait another 8 months without my fiance! this is ridiculous!

For a fiancee visa, the I-134 Affidavit of Support submitted by your mother is NOT LEGALLY BINDING. The US DOES NOT HAVE TO ACCEPT A CO-SPONSOR FOR THE I-134. Accepting a co-sponsor is a courtesy extended to you. While you are outraged, the CO did what he was suppose to according to the laws and regulations he must follow.

The immigration game is difficult. You have to be on the ball and be prepared. It is not shocking at all that a co-sponsor for a legally non-binding I-134 affidavit of support was rejected. If this was the I-864 which is legally binding, then I would be shocked. It's pretty common for a joint sponsor to be rejected for the I-134.

----------------

Go to Italy. Get marry. File for a spousal visa. Your mother can be the Joint Sponsor on the I-864. The US Embassy must accept the I-864 from your Joint Sponsor if the poverty level is met. The US Embassy cannot deny your mom as a Joint Sponsor for the I-864.

Edited December 4, 2012 by aaron2020

[Harpa Timsah 13,258]

It's not common for a co-sponsor to be rejected in most countries... The only one I know of that routinely does this is the Philippines.

[aaron2020 11,651]

It's not common for a co-sponsor to be rejected in most countries... The only one I know of that routinely does this is the Philippines.

For the I-864, I agree that it is no common for the Joint Sponsor to be rejected.

For the I-134, I disagree with you. There is no statutory or regulatory requirement that a co-sponsor be accepted for an I-134. Acceptance or denial is at the sole discretion of the officials who do apply the rules differently. There are lots of I-134 co-sponsor denials on this forum.

Anyhow, this side discussion does not help the OP.

Marriage and the CR-1 route with the binding I-864 is the way to go at this point. There is no way to get the US Consulate to reconsider accepting mom's I-134 The US Consulate has made it clear - a co-sponsor for the I-134 will not be accepted when the petitioner is not near the poverty level. There is no appeal, so this is a dead path. Reapplying for another K-1 visa is pointless if the petitioner's income does not significantly change.

Edited December 4, 2012 by aaron2020

[bigdog 376]

Sorry to hear this, get married and reapply or wait till you get a job.

[reese1 68]

Sorry to hear this, get married and reapply or wait till you get a job.

[Patricialynne 0]

Same thing pretty much just happened to my fiance in Napoli. We would have NEVER done the Fiance Visa if we knew this would happen. I have a job and make above what is necessary to support him but I only have been working for a few months as I was living the year before that with my fiance in Italy. Our joint sponsor also make more than double the amount of the 125 percent above poverty level. We are still pursuing it and I am going to my Congressman and if necessary we will hire an attorney. It is very deceiving and I am so very disappointed in this system. How do they expect me to now leave my new job and go to Italy, get married, return and wait the 1 to 2 year wait for the spousal Visa???? There has to be a better solution!!!

[Brother Hesekiel 2,236]

I second Aaron's comment. It's spot on.

[brianand123 0]

You need to check my Lawyers PDFs and her blog, they focus on K-1 and fiance information. She is the BEST my wife and I honestly don't have words.

immigrationvirginia .com

[Xanax 349]

Same thing pretty much just happened to my fiance in Napoli. We would have NEVER done the Fiance Visa if we knew this would happen. I have a job and make above what is necessary to support him but I only have been working for a few months as I was living the year before that with my fiance in Italy. Our joint sponsor also make more than double the amount of the 125 percent above poverty level. We are still pursuing it and I am going to my Congressman and if necessary we will hire an attorney. It is very deceiving and I am so very disappointed in this system. How do they expect me to now leave my new job and go to Italy, get married, return and wait the 1 to 2 year wait for the spousal Visa???? There has to be a better solution!!!

Just to correct you, it's around 8 months not 1-2 year which may be quicker and cheaper than hiring an attorney etc.

[Sayha or bust. 71]

You might have better luck with the Cr1 with a co sponsor, go back and get married. Some countries do not allow the k1 to have a co sponsor( It states they do but routinely denied in countries like Vietnam). Best of luck.

Edited December 6, 2012 by Sayha or bust.