221(g) - request for I-134 after London K1 interview

[sparky2813 1]

Hi everyone!

First time posting, so apologies if this is in the wrong place.

My fiance had his interview today at the London embassy for a K1 visa (I attended as well, as the fiance/petitioner). Our case is a bit different in that I have lived in the UK for 12 years, as has my mum (the co-sponsor, as I have no money), and we are planning to move back to the US in January. I understood that you need to provide proof of intent to reestablish domicile if the sponsors are not living in the USA. So, we provided proof of our one-way flights, proof of accommodation in the US when my mum looks for a house to rent, proof of a US bank account, proof that she had resigned from her job, proof of shipping our pets to the US, and proof that I had applied to a US college. We also said that, in the event of not finding a place to rent in Santa Barbara, we would live with my grandmother. My grandmother's address is the one we have been providing as my fiance's intended address.

Unfortunately, the interviewer decided there were too many "unknowns" in our situation and gave us the dreaded 221(g) form, and requested another Affidavit of Support I-134 form before processing his visa (the embassy kept his passport). The implication was that my grandmother should fill out the I-134. I'd definitely do this, unfortunately she is suffering from a lot of health issues at the moment and I think she wouldn't fully understand what she was signing.

What looks most likely is that we wait until my mum is in the US in January, gets proof of residency, and sends a new I-134 with financial and domicile proof. However, it concerns me that the interviewer checked the I-134 box rather than the proof of domicile requirement box on the 221(g). Does anyone have any experience of this type of RFE, and does it seem likely that they would be happy with my mum's updated I-134 in a few months time? Am I correct in thinking that my mum would send the I-134 to my fiance, who then contacts the courier service to send it to the embassy?

Apologies if this doesn't make sense, my head is still swimming from all of this, and if nothing else other people's experience of RFE at the London embassy would help! Thanks in advance for your help

Edited November 17, 2016 by sparky2813

[TBoneTX 45,319]

*** Country-specific thread is moved from the K-1 Process forum to the UK regional subforum. ***

[Ash.1101 1,756]

I think I'm one of the few people hit with asking for a second co-sponsor on VJ.

Mine was from Montreal Canada. My mother was the cosponsor, made about 7k more than the poverty line, more than the minimum at least, and at the time I had no income. The CO didn't feel comfortable with that and asked for a second cosponsor. He told my fiance that "there just isn't enough", which I'm guessing was him implying there wasn't enough financial proof.

We had a friend co-sponsor, she sent the documents to me and then I sent them to my fiance and he sent them to consulate.

But don't worry, you're not alone with the two co-sponsors thing.


As for your mom sending a new one, they may still deny it, as all of that information will be considered too "new" and not "established" enough.


If they just asked for the I-134 then make sure that, and it's supporting documents, is what is sent back. But yeah, you will need to find ANOTHER cosponsor. =[



Btw, the denial of your mothers I-134 may be because she's working in the UK and not the US. They want US income stability, not just stability in general. Also, proof she resigned from her job while also claiming she'll support your fiance is clashing.

I'm sorry for what you're going through, I'm sure it came as a shock. I know what you're feeling. Keep looking, friends, family, anyone, ask around!

Edited November 18, 2016 by Ash.1101

[sparky2813 1]

Thanks for your response Ash.1101, and for going over my long post! It must have been horrible to be declined despite being over the threshold, especially when a few months later you know you'll get legally approved for the I-864 anyway....

That's what my concern is, that my mum won't be established "enough" in January. It is impossible to know, but do you think providing CA driver license, tenancy agreement, voter registration, etc, would make her enough established even if she has only been there for a month? Or, if it isn't enough in their eyes, do you think we would get another RFE or rejected outright? (I'm trying to find more information on this but with no luck. Attempting to contact the London embassy).

I will also try to find a second co-sponsor, but it doesn't look likely due to a variety of their own circumstances.

The frustrating part is that my mum wasn't relying on any UK income at all - she gets annual investment income in the US plus has assets that puts her above the poverty line, so we never included her UK salary and she wouldn't need a job in the US to have enough income.

Glad to know I'm not alone (although I am sorry you went through this too!). Thanks for your help!

[Ash.1101 1,756]

Yeah it was tough. VJ usually totes the "As long as you have a cosponsor you'll be okay!" pretty hard, so when he was told we needed ANOTHER one despite my mom making enough it was pretty hard for both of us because it was a shock.


The problem with this kind of 221(g) is that basically when you send in the documents, you want to make sure they are 100% because it's your final chance. There is no RFE past this, you either satisfy the person looking at the paperwork and get approved, or you don't satisfy them and you get denied.

The problem with it being marked as a I-134 that's needed, and not just proof of domicile, is that the person who is going to look at your received paperwork, is going to try to understand why you sent all this proof of domicile stuff, a long with a I-134 with basically the same info for your mom. They'll just see it checked in the system that they need a I-134 from you, they'll see there is already one from your mother, so they may not understand why they're getting another one.


The unknowns worry them, so they want EXTRA insurance that your fiance won't become a public charge, thus, asking for another cosponsor.

When they told my husband they needed a new I-134, they specifically asked for a new cosponsor. I think for you, they're also asking for a new cosponsor, through the implication that your grandmother would do it.

I would be VERY careful in sending in information for your mom, if you do use your mom again, make sure that it's ALL the info that they could ever want to OVERLY satisfy it.


Send ANY proof of investment accounts, and such. Any and all financial proof, tax transcripts, letters from the bank stating deposits for at least the last year. OVERKILL it with financial info because while you know there's proof of domicille issues, they marked it as financial issues.

Edited November 18, 2016 by Ash.1101

[sparky2813 1]

It looks like I may be able to get my grandmother to be cosponsor, which is what the officer seems to want, so phew! Like you say, I am now going overboard trying to make sure I don't have anything missing from the supporting documentation. Her income (from rental properties and social security) is over the poverty limit by about $6000 for the last two years, but under the year before that.

So it's probably best if she provides proof of assets (she has money in various CDs). I'm guessing she needs the letter from the bank with the amount deposited over the past year, current balance, etc, for ALL of the different CDs she has.

I am also asking her to get a photocopy of her driver license (proving address) and copy of birth certificate (proving citizenship). She has a passport but it is expired so I don't know if it would work. Hopefully she has a birth certificate to hand.

Fingers crossed this all works, and we get a fast turnaround. Thank you for your advice!

[Ash.1101 1,756]

It looks like I may be able to get my grandmother to be cosponsor, which is what the officer seems to want, so phew! Like you say, I am now going overboard trying to make sure I don't have anything missing from the supporting documentation. Her income (from rental properties and social security) is over the poverty limit by about $6000 for the last two years, but under the year before that.

So it's probably best if she provides proof of assets (she has money in various CDs). I'm guessing she needs the letter from the bank with the amount deposited over the past year, current balance, etc, for ALL of the different CDs she has.

I am also asking her to get a photocopy of her driver license (proving address) and copy of birth certificate (proving citizenship). She has a passport but it is expired so I don't know if it would work. Hopefully she has a birth certificate to hand.

Fingers crossed this all works, and we get a fast turnaround. Thank you for your advice!

That all sounds good! Wish ya'll the best of luck!