K1 Visa application using a co-sponsor

[waltee 7]

Hello VJ community,

My fiance is a medical student currently in her final year and will be graduating in a couple of months. She is planning to apply for a K1 visa using her "sister" who is single and unmarried as a "co-sponsor" who earns good enough. But I have noticed a lot of threads on VJ where the consulate in Naples have rejected visa application where a co-sponsor were used. Also she will be studying for a medical licensing exam and won't be able to work for a while. Also I am a PhD student and will be graduating sometime next year. Will we hit a road block or can we go ahead and apply for the visa given that we are young and graduating soon?

Thanks,

Walter

[a+j 77]

Naples doesn't seem to like co-sponsors for K1 visas. Considering those other people's experiences, it looks like it will be safer if you guys get married and apply for a CR1 visa. While it's up to the consular officer to accept or refuse a co-sponsor for an i-134, they can't refuse a co-sponsor for an i-864 (provided the poverty guidelines are met). If you choose the CR1, make sure you have good evidence of bonafide marriage when you send in the petition (and later on, for the interview). Refer to the guides on top of the page to learn more about the two processes.

Good luck!

Edited April 3, 2013 by a+j

[Eli&Dan 1]

I second a+j's answer. From my personal experience with the Naples consulate, don't even start the K1 visa process if you already know that the sponsor won't be working by the time of your interview. My fiance was looking for jobs when I had my interview in December. We are a young couple and we both have recently graduated just a few months ago, but the consul didn't seem to consider this as a justification. Even though we had his mom as a joint-sponsor we got a flat denial. What the consul told me during the interview is that they do accept joint-sponsors for K1 visas but only if the primary sponsor has a current income and makes at least 100% of the poverty line. If you think your sponsor won't be working for awhile just get married and apply for the CR1.

Our story has a happy ending, but I know what it means facing the shock of a denial after having spent so much money and time apart. That's why I hope that sharing my experience will prevent other couples from making the same mistake. Good luck!

[a+j 77]

Our story has a happy ending, but I know what it means facing the shock of a denial after having spent so much money and time apart. That's why I hope that sharing my experience will prevent other couples from making the same mistake. Good luck!

Glad you managed to get your visa after all. It looks from your timeline you weren't really denied in the first place, but you had to go back for a second interview, is that right? How did you overcome the problem with the affidavit of support? It would probably be useful to know for other folks who have already started the K1 process and are going through Naples. Thank you!

[Eli&Dan 1]

Glad you managed to get your visa after all. It looks from your timeline you weren't really denied in the first place, but you had to go back for a second interview, is that right? How did you overcome the problem with the affidavit of support? It would probably be useful to know for other folks who have already started the K1 process and are going through Naples. Thank you!

No we got a flat denial after the first interview. However my fiance, who was already in the final stages of many interview processes, received a job offer the day after my interview! Since the circumstances had totally changed he asked his congresswoman and senator to help us and contact the consulate to convince them to reconsider our case before they sent back my petition. Well, it worked. The consul gave us further 90 days to schedule a second interview and overcome the first denial suggesting us that a job offer letter stating his job description and current salary would have been enough. The second time i brought his job offer letter, his contract, and the first pay stub and I was approved.

I don't know how common it is that a congressman/senator intervention helps turning a flat denial into a reconsideration of the case and eventually an approval. I also feel like we have been helped by a series of lucky events. Hence my suggestion is don't take the risk!

[J & L 10]

I second a+j's answer. From my personal experience with the Naples consulate, don't even start the K1 visa process if you already know that the sponsor won't be working by the time of your interview. My fiance was looking for jobs when I had my interview in December. We are a young couple and we both have recently graduated just a few months ago, but the consul didn't seem to consider this as a justification. Even though we had his mom as a joint-sponsor we got a flat denial. What the consul told me during the interview is that they do accept joint-sponsors for K1 visas but only if the primary sponsor has a current income and makes at least 100% of the poverty line. If you think your sponsor won't be working for awhile just get married and apply for the CR1.

Our story has a happy ending, but I know what it means facing the shock of a denial after having spent so much money and time apart. That's why I hope that sharing my experience will prevent other couples from making the same mistake. Good luck!

I'm so happy you made it, I know waiting sucks in general and getting denied would just be heartbreaking. Especially after the medical and interview, which I know are going to be nervewrecking, for me at least!

I wish I had read this before posting my topic. Thank you so much for sharing this information.

[Randall J 0]

Does anyone know any related information regarding co-sponsors and the consulate in Bangkok?