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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, 11:41 am
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Default Why are k-1 visas denied at the embassy interview

Hi, i have my k-1 interview at the embassy on August 3rd so im in the process of getting everything ready.

This is a question for the people who have used this site for a while i suppose. I want to know, from what you have seen, when the k-1 process gets as far as the final interview, what are the main reasons for denial?

I feel that if i know the reasons that my visa is likely to be denied i can prepare for it and build evidence against this happening.

Thanks in advance!
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Old Jul 14th 2010, 12:13 pm
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Default Re: k-1 visas denied at the embassy interview

Originally Posted by chrisroach
I want to know, from what you have seen, when the k-1 process gets as far as the final interview, what are the main reasons for denial?
With respect, unless you misrepresented yourself on the application forms, or deliberately lied to the authorities, you'll be fine.


I feel that if i know the reasons that my visa is likely to be denied i can prepare for it and build evidence against this happening.
First rule of immigration interviewing: do NOT try to get inside the officer's head! You answer any questions simply, without the slightest embellishment - and take each question at face value. Mr. Folinsky had 3 basic rules to follow:

1) Answer only the question asked
2) If you don't understand a question, say so
3) Tell the truth

Okay... here's the question everyone is wondering about: is there a reason why you feel your application will be denied?

Ian
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Old Jul 14th 2010, 12:19 pm
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Default Re: k-1 visas denied at the embassy interview

Actually some consulates (e.g. Guanghzou) hand out denials to almost half the applicants, arguing that there is not enough evidence of an ongoing relationship. It looks like one of the ways to defend against this, is to include anything that could make your relationship questionable in your original I-129F application, since the consulate can only deny on the basis of new evidence - not on evidence that has already been considered by USCIS.

Originally Posted by chrisroach
Hi, i have my k-1 interview at the embassy on August 3rd so im in the process of getting everything ready.

This is a question for the people who have used this site for a while i suppose. I want to know, from what you have seen, when the k-1 process gets as far as the final interview, what are the main reasons for denial?

I feel that if i know the reasons that my visa is likely to be denied i can prepare for it and build evidence against this happening.

Thanks in advance!
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Old Jul 14th 2010, 4:00 pm
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Default Re: k-1 visas denied at the embassy interview

cr,

The top 10:
10 - failure to meet the Public Charge requirement
9-1 - failure to demonstrate a bona fide relationship

Regards, JEff


Originally Posted by chrisroach
This is a question for the people who have used this site for a while i suppose. I want to know, from what you have seen, when the k-1 process gets as far as the final interview, what are the main reasons for denial?
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Old Jul 14th 2010, 4:20 pm
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Default Re: k-1 visas denied at the embassy interview

I am not worried about most aspects. I am young, fit, well educated (to masters degree level). I have been in a relationship with my fiance for 4 1/2 years, engaged for 2 1/2. We've visited eachother some 15 times.

What i am worried about is the affidavit of support. My fiance is a dental assistant who earns around 1200 dollers a month and doesnt own a home etc or have any savings. I have around 5000 pounds in savings. How can i show them i will not become a liability??
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Old Jul 14th 2010, 4:28 pm
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Default Re: k-1 visas denied at the embassy interview

Originally Posted by chrisroach
I am not worried about most aspects. I am young, fit, well educated (to masters degree level). I have been in a relationship with my fiance for 4 1/2 years, engaged for 2 1/2. We've visited eachother some 15 times.

What i am worried about is the affidavit of support. My fiance is a dental assistant who earns around 1200 dollers a month and doesnt own a home etc or have any savings. I have around 5000 pounds in savings. How can i show them i will not become a liability??
A financial liability? that's what the affidavit of support is for, The US citizen must have sufficient income to be a financial sponsor for the person receiving the visa.
Income Sources considered:
1) Gross income from employment (before deductions).
2) Net profit from a business (after deductions). (Shown on 1040 Sched. C.)
3) Equity or cashable assets in real estate, money market accounts, boats, retirement accounts, etc. Note: Any equity or assets MUST be cashable within 1 year. Up to 20% of such assets may be used to supplement "income."
4) Cash, savings accounts, and depreciating assets (such as automobiles or home furnishings) are generally not considered. Savings can be cashed out at any time, and cars depreciate in value.
5) Beneficiary spouse or household member's income (for K3, or Concurrent cases only
Your savings do not really matter, your fiancee's do.

Hope that answers your question!
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Old Jul 14th 2010, 4:37 pm
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Default Re: k-1 visas denied at the embassy interview

So given that my fiance doesnt earn much (around $1200 a month) and has no savings. Will i be denied?

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. Should i take these as support to the fact im not going to be a leach to society??

what can i do? i need this visa.
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Old Jul 14th 2010, 4:45 pm
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Default Re: k-1 visas denied at the embassy interview

Originally Posted by chrisroach
What i am worried about is the affidavit of support. My fiance is a dental assistant who earns around 1200 dollers a month and doesnt own a home etc or have any savings. I have around 5000 pounds in savings. How can i show them i will not become a liability??
Your interview is only 3 weeks away, and you're just now looking into the I-134 affidavit of support? You left it a little late.

Take a look at form I-864P found at www.uscis.gov, Forms. That is the poverty guideline for the I-864 affidavit of support. Although an I-134 is the one used for the K-1 visa, you can still apply the general guidelines. Either way, the I-864 will have to be met once you are in the USA and adjusting status.

Meanwhile, for the K-1, your fiancee can take a chance that $14,400 will be enough income to satisfy the ConOff that you won't become a public charge (even though it's less than the I-864P guideline). If you have about 3x the amount needed in income on the I-864P in savings (i.e. about $55,000) then you can probably self-sponsor. If you have less than that in savings, you can try self-sponsoring anyway, in hopes the ConOff will approve.

If you think neither you nor your fiancee has enough to cover this issue, she needs to find someone in the USA who earns enough to do an I-134 on your behalf.

Rene
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Old Jul 14th 2010, 4:49 pm
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Default Re: Why are k-1 visas denied at the embassy interview

Im sure her mum, or dad would be willing to do this. Would they just have to fill in the form and sign it etc, or do they have to submitt all sorts of pay slips tax returns etc???

Another thing i have thought about. Could her parents simply write a letter stating that they are willing to house me and feed me etc, untill i gain employment?
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Old Jul 14th 2010, 4:52 pm
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Default Re: Why are k-1 visas denied at the embassy interview

Originally Posted by chrisroach
Im sure her mum, or dad would be willing to do this. Would they just have to fill in the form and sign it etc, or do they have to submitt all sorts of pay slips tax returns etc???
They would need to provide a signed I-134, proof of income (pay stubs, letter of employment, or if they're retired then social security or retirement income statements), and the most current 3 years of tax return copies or tax transcripts.

Another thing i have thought about. Could her parents simply write a letter stating that they are willing to house me and feed me etc, untill i gain employment?
You can give it a try, but I don't think a simple letter will be enough...if they are going to sponsor you, they need to do an I-134.

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Old Jul 14th 2010, 4:54 pm
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Default Re: Why are k-1 visas denied at the embassy interview

Originally Posted by chrisroach
Im sure her mum, or dad would be willing to do this.
Don't be so sure. I have seen many parents who have refused to financially sponsor their child's spouse. When it comes down to it, they might be responsible for you financially for the remainder of their lives.

I will add that I am one of those parents. If my child were old enough to marry, they should be old enough to support their spouse or intended spouse.
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Old Jul 14th 2010, 4:54 pm
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Default Re: Why are k-1 visas denied at the embassy interview

Ok, so would my 5 or 6 thousand pounds savings be irrelivant in this??
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Old Jul 14th 2010, 4:55 pm
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Default Re: Why are k-1 visas denied at the embassy interview

Originally Posted by chrisroach
Ok, so would my 5 or 6 thousand pounds savings be irrelivant in this??
Maybe, maybe not. All you can do is try. If the ConOff says "no, that's not enough", then you can hand over your future in-law's I-134 package.

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Old Jul 14th 2010, 4:56 pm
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Default Re: Why are k-1 visas denied at the embassy interview

And another thing, would my 2 degrees not have any impact on their decision?

Its not like im an uneducated/unskilled person who is likely to need benifits etc.
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Old Jul 14th 2010, 4:58 pm
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Default Re: k-1 visas denied at the embassy interview

Originally Posted by chrisroach
So given that my fiance doesnt earn much (around $1200 a month) and has no savings. Will i be denied?

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. Should i take these as support to the fact im not going to be a leach to society??

what can i do? i need this visa.
Please read the information in this thread and its links carefully.
K-1 Visa: Evidence of Support

Also, don't be too sure you will find employment when you want to. And, your savings may not go as far as you think.

You two need a financial plan, yesterday.
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