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Old Mar 24th 2009, 6:45 am
  #16  
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Default Re: k1 denial

Also, the officer was probably looking ahead at the AOS portion. You and a joint sponsor will have to do an I-864 affidavit of support, which is even more stringent in its financial requirements than the I-134.

For the I-864, if YOU wanted to qualify, you'd need to earn just over $32,000 a year. Perhaps your mom will still qualify for the I-864 when the time comes, since her household size is 1 person smaller than yours. The officer was probably thinking down the road at the I-864 as well.

Rene
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Old Mar 24th 2009, 6:48 am
  #17  
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Default Re: k1 denial

ap,

125% of the poverty level for a household of 4 is $27,562. If your mother has a salary of $30,000 she is a bit over the requirement, but not by anything near $16,000. You may need to get more detailed here for people to correctly understand the situation.

The house is valued at $250,000 by who, and when? What is her equity in the house? And how would she plan to tap that equity should it be needed? Not easily done these days. Thus, as Rene says, a house is of dubious usefullness.

Regards, JEff

[EDIT] Ah, I see that you've upped the +30k to 36k. Again, I think you need to be providing more detailed information about what that I-134 really looked like for people to correctly understand the situation and figure out what might be going on.


Originally Posted by agentpeppermint
They said my mother's joint sponsorship isnt good enough because she has 2 dependents, even though shes 16 k over the poverty guidelines...
Originally Posted by agentpeppermint
she has +30k in earned income, she provided a letter of employment with a law firm shes been with for 20 yrs, a years worth of bank statements, 3 yrs tax transcripts

and we have a house valued over 250 k

Last edited by jeffreyhy; Mar 24th 2009 at 6:55 am.
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Old Mar 24th 2009, 6:52 am
  #18  
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Default Re: k1 denial

Originally Posted by agentpeppermint
I cant find anything about prepaid insurance
Hi:

I thought the ConOff said they wanted it.
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Old Mar 24th 2009, 6:52 am
  #19  
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Default Re: k1 denial

this is quite a worry to read, My USC fiance's mother is doing the joint sponsor for my application, she has 2 kids that are her dependents, then theres also her partner and her mother in the house plus my fiancee and then obviously there will be me...thats 7 people.

Are they normally quite fussy over how many dependents there are and the household number? where can I find the poverty guidelines?
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Old Mar 24th 2009, 6:54 am
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Default Re: k1 denial

Originally Posted by PepsiChic
where can I find the poverty guidelines?

USCIS.gov Form I-864P
These levels will adjust in April.

Guidelines for K visa holders' Affidavit of Support or other method for meeting the public charge issue.

Evidence Which May Be Presented to Meet the Public Charge Provisions of the Law
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Old Mar 24th 2009, 6:57 am
  #21  
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Default Re: k1 denial

If there is coverage through a spousal existing policy, then there is no issue, I would assume. Nowhere did the CO mention the type of coverage just that there had to be a prepaid policy for 3 months in that case.
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Old Mar 24th 2009, 7:00 am
  #22  
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Default Re: k1 denial

Originally Posted by PepsiChic
this is quite a worry to read, My USC fiance's mother is doing the joint sponsor for my application, she has 2 kids that are her dependents, then theres also her partner and her mother in the house plus my fiancee and then obviously there will be me...thats 7 people.

Are they normally quite fussy over how many dependents there are and the household number? where can I find the poverty guidelines?

Please lets not distract from the OP's very concerning and serious post. You can post your worries on a separate thread. Thanks, Pepsi
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Old Mar 24th 2009, 7:02 am
  #23  
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Default Re: k1 denial

my mother makes 36k a year, with a household of 4 the min requirement is 27+k, the house is in her name, since last year.
the household inculdes only my mother, my sister, my neice, and my fiance.

my mother will still qualify for the aos portion, because my sister is now 18 and is not a dependent of my mothers
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Old Mar 24th 2009, 7:04 am
  #24  
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Default Re: k1 denial

Originally Posted by agentpeppermint
my mother makes 36k a year, with a household of 4 the min requirement is 27+k, the house is in her name, since last year.
the household inculdes only my mother, my sister, my neice, and my fiance.

my mother will still qualify for the aos portion, because my sister is now 18 and is not a dependent of my mothers
At $36K a year, I would have thought the officer would have accepted her I-134. However, she did not. Can you get another joint sponsor?
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Old Mar 24th 2009, 7:08 am
  #25  
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Default Re: k1 denial

Originally Posted by Rete
If there is coverage through a spousal existing policy, then there is no issue, I would assume. Nowhere did the CO mention the type of coverage just that there had to be a prepaid policy for 3 months in that case.
In this case, they aren't married, so there is no spousal coverage available.
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Old Mar 24th 2009, 7:08 am
  #26  
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Default Re: k1 denial

Originally Posted by Noorah101
At $36K a year, I would have thought the officer would have accepted her I-134. However, she did not. Can you get another joint sponsor?

No i can not.


i just got off with the state department and she said, they are looking at it as a household of 8 and that my mother is supporting me and my 3 kids even though we rent our own apartment and i have an income of 11k per year. regardless of what my income is. and that i need to talk to them in london to clarify that i have my own place and that my mother does not support me or my kids.

She also said that he can not get the insurance int he US until he comes here and we get married and gets an ss number.


SO HOW THE HELL Is he supposed to get US insurance ( when the travel insurance can not be used )??? They want the impossible from us.

I have my own apartment, I have my own income. SO WTF is the problem???
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Old Mar 24th 2009, 7:11 am
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Default Re: k1 denial

Originally Posted by agentpeppermint
No i can not.


i just got off with the state department and she said, they are looking at it as a household of 8 and that my mother is supporting me and my 3 kids even though we rent our own apartment and i have an income of 11k per year. regardless of what my income is. and that i need to talk to them in london to clarify that i have my own place and that my mother does not support me or my kids.

She also said that he can not get the insurance int he US until he comes here and we get married and gets an ss number.


SO HOW THE HELL Is he supposed to get US insurance ( when the travel insurance can not be used )??? They want the impossible from us.

I have my own apartment, I have my own income. SO WTF is the problem???

I think you can use the travel insurance though. It's definitely worth looking into. I could have sworn I have seen some folks use that, especially on a K1. I'm not sure how long their policy was for though.

It sounds like you have a simle misunderstading with the London consulate that hopefully a simple phone call can clear up.
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Old Mar 24th 2009, 7:13 am
  #28  
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Default Re: k1 denial

Originally Posted by sunflwrgrl13
In this case, they aren't married, so there is no spousal coverage available.

Correct. However, the foreign fiancee has a mental health issue, COD, and while it is under control at the moment, there is no guaranteeing that it will stay under control after moving and marrying. The emotional stress of such a radical change in lifestyle might trigger it. This, at least, is my opinion as to why medical coverage is being asked for.

The other case did not have spousal insurance either but they were the first to be asked for it that we know of.

Remember it is the US Consulate and they can and do make up their own little rules. Just as the London US Consulate allows fiancees to sponsor themselves financially. Not really heard of from other US Consulates.
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Old Mar 24th 2009, 7:17 am
  #29  
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Default Re: k1 denial

Originally Posted by agentpeppermint
SO WTF is the problem???
Hi:

I gave a gentle hint before -- the problem is simple: the consular officer denied the visa. That is your problem.

I understand that this, in a word, sucks. You are surely entitled to rant. You have done that. Now, it is a good idea t o move on and figure out how to solve the problem. BTW, I hope your rant was not communicated to the ConOffs in the same tone you are writing here -- that will get you absolutely NOWHERE.

Hint: The I-134, unlike the I-864, is NOT a contract. The sufficiency of the I-134 is solely in the hands of the ConOff. Now, this is a two edged sword. You have just experienced one edge of that sword. The other edge of the I-134 sword lies in the fact that you can get some one else to put in another I-134.

On the health insurance thing -- if you have employer supplied health insurance AND he will will be automatically added when you marry -- prove it.

Point is -- STOP the rant for now, it won't do any good.

Good luck.
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Old Mar 24th 2009, 7:19 am
  #30  
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Default Re: k1 denial

Originally Posted by Rete
Correct. However, the foreign fiancee has a mental health issue, COD, and while it is under control at the moment, there is no guaranteeing that it will stay under control after moving and marrying. The emotional stress of such a radical change in lifestyle might trigger it. This, at least, is my opinion as to why medical coverage is being asked for.

The other case did not have spousal insurance either but they were the first to be asked for it that we know of.

Remember it is the US Consulate and they can and do make up their own little rules. Just as the London US Consulate allows fiancees to sponsor themselves financially. Not really heard of from other US Consulates.
it is OCD and i hardly think washing your hands is such a big deal as to deny a visa let alone raise terrorist alert levels. It is under control and he is medication free as so stated by his doctor AND he has never had any episodes of aggression, clean police record. And do not forget he spent 3 months here prior to his interview, watched his son be born and if thats not radical enough to spark an OCD fit of hand washing, i dont know what is.
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