Reason for denial of K1 visa
Nov 14th 2003, 8:20 am
#1
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Joined: Nov 2003
Posts: 2
Reason for denial of K1 visa
Hello everyone!
I was browsing on informations regarding K1 visa denial and saw this message forum. I am from the Philippines and my fiance' is from the US. We are waiting for our NOA 2 and expecting it early next year.
I've read on another message board that a Filipina got denied for a K1 visa for the reason of "likely to become a public charge". Her fiance' didn't have a job but has more than enough the required income in assets, and also they got a co-sponsor that has a job and earns far more than the required income level. She was asked to submit an I-134 Affidavit of support. I've read online that the I-134 has "less legal teeth" compared to the I-864. Does it has something to do with the denial?
I am worried because my fiance's income does not reach the required 125% income level but he's going to use his assets
( personal property, etc.) to cover up the difference. We understand that the cash value of his assets must equal five times the difference between his income and the 125 % of the poverty line. We don't have a co-sponsor. Will I get denied for the reason of "likely to become a public charge" in this case?
Hope to hear your thoughts on my case. Those will be greatly appreciated. Thanks in advance!
Dhammer_girl
I was browsing on informations regarding K1 visa denial and saw this message forum. I am from the Philippines and my fiance' is from the US. We are waiting for our NOA 2 and expecting it early next year.
I've read on another message board that a Filipina got denied for a K1 visa for the reason of "likely to become a public charge". Her fiance' didn't have a job but has more than enough the required income in assets, and also they got a co-sponsor that has a job and earns far more than the required income level. She was asked to submit an I-134 Affidavit of support. I've read online that the I-134 has "less legal teeth" compared to the I-864. Does it has something to do with the denial?
I am worried because my fiance's income does not reach the required 125% income level but he's going to use his assets
( personal property, etc.) to cover up the difference. We understand that the cash value of his assets must equal five times the difference between his income and the 125 % of the poverty line. We don't have a co-sponsor. Will I get denied for the reason of "likely to become a public charge" in this case?
Hope to hear your thoughts on my case. Those will be greatly appreciated. Thanks in advance!
Dhammer_girl
Last edited by dhammer_girl; Nov 14th 2003 at 8:23 am.
Nov 16th 2003, 12:36 am
#2
Guest
Posts: n/a
Re: Reason for denial of K1 visa
On Fri, 14 Nov 2003 09:20:20 +0000, dhammer_girl wrote:
> Hello everyone!
>
> I was browsing on informations regarding K1 visa denial and saw this
> message forum. I am from the Philippines and my fiance' is from the US.
> We are waiting for our NOA 2 and expecting it early next year.
>
> I've read on another message board that a Filipina got denied for a K1
> visa for the reason of "likely to become a public charge". Her fiance'
> didn't have a job but has more than enough the required income in
> assets, and also they got a co-sponsor that has a job and earns far more
> than the required income level. She was asked to submit an I-134
> Affidavit of support. I've read online that the I-134 has "less legal
> teeth" compared to the I-864. Does it has something to do with the
> denial?
It shouldn't. The only explanation I have is that he probably didn't have
enough assets (remember that for each $ in income that you are lacking,
you need five $ in assets. That can be quite substantial).
Of course, it is quite possible that the officer who decided that case
actually didn't have enough experience and didn't know that you can use
assets instead of income. If that is the case, simply reapplying with an
explanation pointing out this mistake should solve the problem.
> I am worried because my fiance's income does not reach the required
> 125% income level but he's going to use his assets
>
> ( personal property, etc.) to cover up the difference. We understand
> that the cash value of his assets must equal five times the difference
> between his income and the 125 % of the poverty line. We don't have a
> co-sponsor. Will I get denied for the reason of "likely to become a
> public charge" in this case?
I don't see why.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
> Hello everyone!
>
> I was browsing on informations regarding K1 visa denial and saw this
> message forum. I am from the Philippines and my fiance' is from the US.
> We are waiting for our NOA 2 and expecting it early next year.
>
> I've read on another message board that a Filipina got denied for a K1
> visa for the reason of "likely to become a public charge". Her fiance'
> didn't have a job but has more than enough the required income in
> assets, and also they got a co-sponsor that has a job and earns far more
> than the required income level. She was asked to submit an I-134
> Affidavit of support. I've read online that the I-134 has "less legal
> teeth" compared to the I-864. Does it has something to do with the
> denial?
It shouldn't. The only explanation I have is that he probably didn't have
enough assets (remember that for each $ in income that you are lacking,
you need five $ in assets. That can be quite substantial).
Of course, it is quite possible that the officer who decided that case
actually didn't have enough experience and didn't know that you can use
assets instead of income. If that is the case, simply reapplying with an
explanation pointing out this mistake should solve the problem.
> I am worried because my fiance's income does not reach the required
> 125% income level but he's going to use his assets
>
> ( personal property, etc.) to cover up the difference. We understand
> that the cash value of his assets must equal five times the difference
> between his income and the 125 % of the poverty line. We don't have a
> co-sponsor. Will I get denied for the reason of "likely to become a
> public charge" in this case?
I don't see why.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
