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Why are k-1 visas denied at the embassy interview

Why are k-1 visas denied at the embassy interview

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Old Jul 14th 2010, 7:06 pm
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Default Re: Why are k-1 visas denied at the embassy interview

Can anyone on here recall an occasion where a k-1 visa was denied on the grounds of lack of financial support??

If so what were the circumstances?
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Old Jul 14th 2010, 7:12 pm
  #32  
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Default Re: Why are k-1 visas denied at the embassy interview

Originally Posted by chrisroach
Can anyone on here recall an occasion where a k-1 visa was denied on the grounds of lack of financial support??

If so what were the circumstances?
I have not heard of a K-1 being denied outright on those grounds. If something is lacking, the ConOff will give you instructions on what she needs to see as further evidence, and will give you ample time to return it to her. You won't be denied right away.

I am sure there have been cases where the above has happened. They obtained the further evidence, and got granted the visa.

I don't recall hearing of anyone who could not come up with the evidence the ConOff requested.

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Old Jul 14th 2010, 7:12 pm
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Default Re: Why are k-1 visas denied at the embassy interview

Originally Posted by chrisroach
From your experiances and reading what you have through this website. Would you say the following be sufficiant?

My fiances filled in I-134 form stating she earns $1200 a month. With pay slips and letter from employer.

A print off from my HSBC savings account showing around £6000.

A letter from my fiance's parents stating they are willing to house me untill i an able to support myself.

I know none of you are immigration officers, but would i be in with a good shout with the above?
Unless it's changed your sponsor needed to earn 125% of the poverty level for the household. For 2 people that would be a little over $18,000. To self sponsor, if I read previously correctly, you would need around $55,000 to self sponsor. I would say that unless she gets a co-sponsor then you will have issues with the money side of it.
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Old Jul 14th 2010, 7:14 pm
  #34  
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Default Re: Why are k-1 visas denied at the embassy interview

Originally Posted by Duncan Roberts
Unless it's changed your sponsor needed to earn 125% of the poverty level for the household. For 2 people that would be a little over $18,000. To self sponsor, if I read previously correctly, you would need around $55,000 to self sponsor. I would say that unless she gets a co-sponsor then you will have issues with the money side of it.
That is true for the I-864. The I-134 is more flexible, and the gives the ConOff more leeway for approval.

I agree that the I-864P can be used as a basic guideline, but those aren't set in stone for the I-134.

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Old Jul 14th 2010, 7:14 pm
  #35  
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Default Re: Why are k-1 visas denied at the embassy interview

Originally Posted by chrisroach
Can anyone on here recall an occasion where a k-1 visa was denied on the grounds of lack of financial support??

If so what were the circumstances?
Here's a case where the financial support was an issue: LINK
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Old Jul 14th 2010, 7:18 pm
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Default Re: Why are k-1 visas denied at the embassy interview

Originally Posted by chrisroach
From your experiances and reading what you have through this website. Would you say the following be sufficiant?

A letter from my fiance's parents stating they are willing to house me untill i an able to support myself.
Skip this. Have them sign an I-134.
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Old Jul 14th 2010, 7:20 pm
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Default Re: Why are k-1 visas denied at the embassy interview

Originally Posted by olliewat
Skip this. Have them sign an I-134.
The problem i have with this is asking them to unearth all their tax returns, pay slips etc to send to me. This is quite private information. I know that they would be willing to support me in terms of a house to stay in and food. But i dont want to ask them to send all this sort of stuff over.

Does that make sense?
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Old Jul 14th 2010, 7:30 pm
  #38  
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Default Re: Why are k-1 visas denied at the embassy interview

Originally Posted by chrisroach
The problem i have with this is asking them to unearth all their tax returns, pay slips etc to send to me. This is quite private information. I know that they would be willing to support me in terms of a house to stay in and food. But i dont want to ask them to send all this sort of stuff over.

Does that make sense?
Yes, it makes good sense, actually. To overcome this, they can send you everything in a sealed envelope which you just give to the ConOff, still sealed. If they don't trust you not to open the sealed envelope, they can send the envelope directly to the US Consulate (that's a bit more risky because it has to get to the right person's hands before your interview, but it's still an option).

You never actually have to SEE their private information.

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Old Jul 14th 2010, 7:33 pm
  #39  
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Default Re: Why are k-1 visas denied at the embassy interview

I mentioned before, but I'll point out again...once you are in the USA and adjusting status, your wife will do a different affidavit of support, the I-864. This one is more strict, and she MUST earn enough income or have enough assets. If she does not, she MUST have a joint sponsor, and the joint sponsor MUST fill out an I-864 and provide all this information yet again.

That said, the person filling out the I-134 and also the person acting as joint sponsor on the I-864 does NOT have to be a relative. The I-134 can be from anyone in the USA, who earns enough money. The I-864 joint sponsor can be any USC or US PR living in the USA, who earns enough money.

My point is that you can look even further afield from just her parents to help out.

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Old Jul 14th 2010, 8:21 pm
  #40  
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Default Re: Why are k-1 visas denied at the embassy interview

DR,

It hasn't changed. For non-immigrant visas, including the K visas, 125% of the poverty level does not apply. See 9 FAM 40.41 Notes, N4.6-3.c

Regards, JEff


Originally Posted by Duncan Roberts
Unless it's changed your sponsor needed to earn 125% of the poverty level for the household.

Last edited by jeffreyhy; Jul 14th 2010 at 8:33 pm.
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Old Jul 14th 2010, 8:23 pm
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Default Re: Why are k-1 visas denied at the embassy interview

Originally Posted by chrisroach
I would have thought this would be very important in deciding whether someone should be allowed into the country? Surley im more desirable as a citizan than some highschool drop-out???
With the visa you'll apply for, you're not being let in on your own merits. The only reason you are being considered at all is as a courtesy to your US citizen fiance. You are being allowed to apply for a visa for the sole purpose of coming the US to marry her and immigrate. This visa was not built for young men, it was built for women, in the early 70s. Think about it and it might start to make sense. You are being imported to be a housewife. You are not being imported to help the US economy, contribute or any of that jazz. That is why your USC must show that SHE can financially support you so that you are not a Public Charge on the rest of us taxpayers. You aren't meant to come here and earn your own keep, you are meant to come here to reunite with your family (family to be, in the case of a K-1).

Originally Posted by chrisroach
I have read the instructions etc and looked over the I-134 form.
But still not the link I gave you, which spells out clearly what it is you need to demonstrate (it is more and less than the I-134).
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Old Jul 14th 2010, 8:30 pm
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Default Re: k-1 visas denied at the embassy interview

Originally Posted by ian-mstm
TWEEKY! Geez, I've missed you and your crunchy cow! Hope all is well.

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Hey You!! Aww thank you, I have missed you too! I am gonna send you a PM so I don't hi-jack this thread!!
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Old Jul 14th 2010, 8:31 pm
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Default Re: Why are k-1 visas denied at the embassy interview

True as far as it goes, but it does not go far enough. Same reference as I gave DR - 9 FAM 40.41 Notes, N4.6-3.c.

As we've seen some consulates take a very strict view of the guidelines for who can be an acceptable sponsor for a non-immigrant.

Also people should undertand the implications of the fact that unlike I-864 for an immigrant, I-134 alone is not sufficient for meeting the public charge requirement. The I-134 may show sufficient income, but other factors can cause (or allow - chose your preferred word) the consular officer to deny a visa on the grounds of not meeting the public charge requirement.

Regards, JEff


Originally Posted by Noorah101
That said, the person filling out the I-134 and also the person acting as joint sponsor on the I-864 does NOT have to be a relative. The I-134 can be from anyone in the USA, who earns enough money.
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Old Jul 14th 2010, 8:38 pm
  #44  
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Default Re: Why are k-1 visas denied at the embassy interview

cr,

Any claimed income or asset that is not documented will not be considered.

Consular Officers are not trusting people - they have people lying to them every day.

Regards, JEff

Originally Posted by chrisroach
... if i provide them with alot of vague evidence from various sources
i.e my bank account
my girlfriends earnings
her family willing to house me etc

Even if none of this is concrete evidence, i might be able to get away with it?
Originally Posted by chrisroach
The problem i have with this is asking them to unearth all their tax returns, pay slips etc to send to me. This is quite private information. I know that they would be willing to support me in terms of a house to stay in and food. But i dont want to ask them to send all this sort of stuff over.
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Old Jul 15th 2010, 12:25 am
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Default Re: k-1 visas denied at the embassy interview

Originally Posted by chrisroach
I have 5000 sterling of i own which i intend to live on untill i can work. I also have a bachelors and masters degree.
That money will go a LOT quicker than you think. Are you planning to get a car? In most areas you will need one to get around, go to interviews etc. If you can find a cheap car within your budget then you will probably have a lot of repair bills in the near future. Plus gas/petrol (about $80 a month for me), plus food, plus utility bills, plus buying all kinds of life stuff - clothes for interviews, household stuff, all the little things that add up surprisingly quickly. And you probably ought to get health insurance too, which many people put off because of the high cost.

I'm a US citizen with a bachelors and a masters and 3.5 years experience in my field. I have been actively job hunting since November, mostly at a very large employer nearby which is in my field. I've only gotten to the "second interview" stage this week. There are a lot of qualified people out there looking for jobs.

I'd say 5000 sterling will go in maybe four months, and substantially quicker than that if you get a car.
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