Bluegrass Lass

Good idea, if she was working.

Agent, read the other thread from Clarissa that Rete linked to. I do think they used some type of travel insurance to cover the health insurance requirement. I'm sure you could PM her and ask her what company she used and how she went about getting it.

agentpeppermint

there is no LOGICAL reason within their guidelines that the i 134 SHOULD be denied. Period.

Also it specifically states on the letter they gave my fiance that he must HAVE 12 months prepaid health insurance before they will issue his visa. and it CAN NOT be travel insurance.

I do not work, I am pending a disability claim. I can not work. Simple as that. My sons have social security survivor benefits which I am more than entitled to use as rent for our home and utilities etc etc. Youd be shocked what one can do on a budget of less than 1000$ a month.

And No of course thats NOT the tone I used with the US Embassy...Im ranting on HERE because a good majority of these people helped me immensely and if I am not welcome here then I can go.

Noorah101

agent, we don't really know the ConOff's logic behind what she did. We are just guessing here. Please don't get offended. We are just trying to give you some ideas as to what the ConOff might have been thinking.

Mr F gave you excellent guidance.

You said you don't work...does that mean you also don't have health insurance? If you do, and can prove he can be added once you're married, that should help. In the interim, travel insurance will probably work.

Rene

agentpeppermint

Can not be travel insurance. I have health insurance through the state and my 2 older sons are covered through Tri-Care military insurance.

agentpeppermint

I said +30k because i wasnt sure which it was fiance had to tell me.

Rete

AP

I can only imagine your anger and frustration at the moment. It is understandable.

Look at the picture the ConOf sees: You are not employed; your children receive ssi survivor benefits; you are clearly living on approx 1/2 of the poverty guidelines for a family of 3; your have a newborn child; you have filed a claim for your own disability benefits under SSI. This is not a picture of a woman who is able to financially support another adult until they are able to find employment.

While his OCD is under control, he has a medical history which prompts one to believe that at some point he will need medical assistance and there is no way you can provide it financially or materially provide for him through your own healthcare policy

It is understandable from my seat that the ConOff would assume that your mother would be providing financial support for you and her grandchildren on at least some level.

Just a question, but when she filed out the I-134 did she in anyway mark that she was a household member?

Does your fiancee have assets to pay for an insurance policy if one can be found?

Folinskyinla

Hi:

I will accept your statement about there being no "logical" reason for the denial. Although I do think that Rete laid out a pretty logical reason -- you definitely do not like it, but it appears logical.

However, the ConOff's decision does not need to be logical. Under 221(g), their powers are pretty broad -- with language like "it appears to the consular officer" or "has reason to believe" the person does not qualify for the visa. 214(b) talks in terms that a person will presumed to be not qualified for non-immigrant status [such as K-1] unless qualification is established "to the satisfaction of the consular officer" that the person qualifies.

Now a 221(g) denial is fairly innocous at denials go -- it does leave the door open to visa issuance. It is those 212(a) denials that are really bad news.

When you ready to address the ways to overcome the denial and have exhausted the rant -- we'll be here to try to help you.

Matthew Udall

As far as being a binding contract on the Sponsor (to support) it is not worth the paper it is written on.

In glancing through the thread, if the Con thought Mom has a family of 8 and Mom doesn’t exceed $46,263, then I can see why they didn’t accept Mom’s I-134 as being sufficient.

I had a case similar to this in some ways. Guy is USC and wants to hang out with his fiancée in the Philippines during the summer while I-129f is in the pipeline. I warned him that he’s going to need to do the affidavit soon and that he should stay in the USA and get a job/income going to support his soon to be wife. He refused, assuring me that his Father’s I-134 would do the trick (and besides that, he had been assured by strangers on message boards that this would be sufficient). I disagreed, but heck, he’s the boss and I can’t force him to listen to my advice.

I eventually put together the affidavit package with an I-134 from him showing zero income, and an I-134 from his Dad showing $200K+ income (well in excess of the minimum income). At the visa interview in Manila (this was years ago, but I seem to recall him saying he was somehow there at the interview according to what he said transpired) Consul points finger at my client and tells him to go home to the USA and get a job, provide 2 or 3 paystubs from the new job and “then” they will issue the visa.

Client comes back to USA, gets a job, gives me some pay stubs to submit to Consulate and bingo, visa issued.

To the OP, sorry for the mess you are in right now and I hope it is resolved soon in your favor.

agentpeppermint

Thats what the department of state ( i think thats who it was anyways ) said when I called, she said it was obvious that we were separate households but that it was noted in the case files as a household of 8, that the IO assumed my mother is caring for me and my children (she doubted he even looked at the address of the 134's ), all though I pay rent at a separate location in the amount of 600$ per month all utilities included. Anyways, I do get foodstamps but Ive spoken with my case worker and she said, that they are required to ADD him to my case, but they are NOT allowed to count him as person in the household until he has been here for 5 yrs, therefore he is NOT getting foodstamps and does not fall into the public charge category. We only get them because in NYS the cost of living is higher, once we relocate to Montana, my income is too high, we plan on moving back to Montana in July.

Noorah101

But why would the ConOff think Mom has (or is supporting) a family of 8? I know there are 8 people total involved, but doesn't Mom only have to show income enough for her own household? OP lives in her own apartment with her own kids, separately.

Unless the ConOff is just assuming Mom also takes care of OP and her kids, which is not actually indicated on the visa paperwork.

Rene

agentpeppermint

Ive got it all figured out, I found health insurance, and he is covered for one year. My mother who supposedly is incapable of supporting him paid it in full. My friends mother, who is single, has no dependents, and has an annual income of 42k+ owns no real estate and has nothing in savings, agreed to be his sponsor all though her son in law is not happy about it and pitching a fit.


We will have everything sent in within 2 weeks.... Thanks for letting me Rant. I needed to rant in order to get my head together, i appreciate all the help.

agentpeppermint

All of my mail goes to my mothers house and my last tax return was filed using her address. I send mail to my mothers home because my landlord sometimes forgets she has mail for me.

State department says I have to call the embassy and point this out to them, but they also said they do not discuss the application process over the phone only via the interview.

So its a pain in the arse but eh what can I do?

James was given a pink paper ( to get his passport back ) and a green slip, he said people who got denails got blue forms? ( they did not take his passport )

jeffreyhy

The fair amount of anecdotal evidence that I've seen with regard to the consulate in the Philippines is consistent with this report. That consulate is notorious for not accepting sponsors for K visa applicants other than the petitioner.

In contrast, the consulate in the UK is thought of as being relatively easy for meeting the public charge requirement.

I guess not always.

Regards, JEff

jeffreyhy

Broken record here, but again we don't know what the consular officer saw. We only know ap's characterization of it, and bit by bit we see details coming to light that may explain the determination the consular officer made.

E.g.
Regards, JEff

agentpeppermint

regardless of where i get my mail delivered to, I am listed at residing at one place, have a lease agreement and have made over a years worth of payments on time for this apartment, its not like i pay rent for something i dont live in!

they saw everything they needed and requested, including information that showed I lived in a different location. Just for the sake of haha's im also including a letter from my landlord. had we known the insurance wouldve been brought up, we wouldve gotten it sooner, had we known that because my mother "meets in the income guidelines but has 2 dependents therefore she can not sponsor" I would have found someone else 8 months ago to agree to this, who didnt have dependents!

how absurd, that was a slap in the face when he told james, oh yeah she meets the guidelines but because she has 2 dependents she cant sponsor you......why have the guidelines there if theyre not even followed!


If my friends mother is denied to be the sponsor, then all of this has been a horribly expensive waste of time. My son will have to live with seeing his father a total of 180 days a year, and that can only happen as long as the IO lets him through on a VWP, there goes any chances of all 3 of my sons having a father in their lives, the 2 older being adopted by him, we wont ever be able to go to the uk except in the summer times but with that being said, theres no way we can afford upwards of 6 plane tickets a year. *shrugs* lesson learned, one person can ruin an entire families lives in a matter of minutes even when theyve gone to great lengths to this legally and cost effectively.

He should have just married me on the VWP while he was here and we should have just risked the AOS process.


sorry for the ran im a bit exhausted at the moment.