Denied Today

[jimu07]

Today Ling was denied her visa in Guangzhou. As you can imagine we are both shedding tears.

 

The problem is I do not make enough taxable income. I get disabilty from SS which is not taxable, I get a pension from my job, and have a good amount in savings which I get interest each year. I own my home and although I am not the richest man in the world I live a good life within my means and am by far, impoverished. She was told I had to fill out the I-864 form and send it to them..

 

Has anybody been confronted with this challenge? What does it mean? The woman told her it is a minor problem and can be fixed. I think anything that keeps the visa on hold is not a minor problem. Would appreciate any advice..

 

I really thought we were going to be together real soon. We had even talked about getting married on my birthday (02-07) or on Valentine's Day. I sympathise with all of us who are waiting for our loved ones. I will not give up. I hope all of you that are together are enjoying your love and life .

 

My Best to all... Always... Jim

Edited January 20, 2009 by jimu07 (see edit history)

[HelloWorld08]

just curious, what kind of VISA is this for?

[Guest Rob & Jin]

sorry to hear you got blue I assume ?

 

just give them what they are asking for, should not delay things too long

 

good luck

[jimu07]

This is for the K-1 fiance visa..

[jimu07]

Yes the color is blue.. so I guess we can say we are singing the blues. At least we are singing.. Blue is better than white ...right? And this is for fiance visa.. Thanks for asking. I will fill whatever form they need.. I felt confident we had done everything needed. Hopefully this will be resolved quickly.. Hope all is well.. Jim

[NewDay2006]

The I-864 should show that you will have savings and possibly fix your "blue" situation.

[Randy W]

You don't say if your total income (from SS, pension, and savings) is above the poverty line. If it is, SHOW IT. Provide an accounting statement showing your income and savings.

 

If it is not, you need a co-sponsor,

[Jon & Jas]

Yes the color is blue.. so I guess we can say we are singing the blues. At least we are singing.. Blue is better than white ...right? And this is for fiance visa.. Thanks for asking. I will fill whatever form they need.. I felt confident we had done everything needed. Hopefully this will be resolved quickly.. Hope all is well.. Jim

 

On this forum, blue is the color of hope. This gives you some time to shore up the finance issue rather than an outright white slip. As Randy said, if your income is above the poverty line, then just fill out the forms. Otherwise, it might be better to consider a co-sponsor. Hang in there, Jim.

 

Jon

[yuehan123]

...She was told I had to fill out the I-864 form and send it to them..

It is somewhat important that you 'disregard' what she was told. Try to remove the he said, she said from your solution. Rather, obtain a copy of the denial paperwork. You need to know what is checked, and/or written there, in writing, and then address it.

 

As for taxable income, yes, it's true that the taxable portion of your Social Security, and, therefore, your total 'taxable income' may not meet the poverty line.

 

However, it is incumbent on you, and it behooves you, to understand what your total income is. Document it, and use your total income to your best advantage, not just your taxable income.

 

Take a look at line 20(a) on your 2007 form 1040. Unfortunately, you have to point out to 'them' that line 20(a) is part of your income, not just line 43 'Taxable Income'.

 

And, yes, blue slip issues are usually quickly overcome.

[Sebastian]

OK - so a K-1 visa with no evidence shown of 'non-taxable' income, no reworking of assets to show INCOME.

 

Who gave you this advice to NOT show this income? Shoot that person, demand a refund, meet at meat-grinding sausage facility and tip him/her in. You were given bad advice to begin with, and now you have to rectify it with a blue slip overcome.

 

Do what Randy Says. Re-Read his POST #7 here. HECK, print out POST #7 here, walk it to your neighborhood CPA, and ASK WHAT IT MEANS.

 

If I seem incredulous, it's because I am. Your Situation could have easily rectified prior to interview day, somehow you decided to 'try something else' instead.

Edited January 20, 2009 by Darnell (see edit history)

[dnoblett]

This is for the K-1 fiance visa..

NOTE: K-1 does NOT use an I-864 affidavit of support, you need to provide an I-134 affidavit of support.

 

I-864 will be later used when you file to adjust status.

 

Other Immigrant Categories - When an I-134 May be Needed

 

Do applicants who are applying for an immigrant visa in a visa category that does not require the I-864 Affidavit of Support, such as the diversity immigrant visa, need to meet the public charge provisions of Section 213A of the INA?

 

Consular officers will review immigrant visa applicants whose visa categories do not require the I-864 under the public charge guidelines in Section 212(a)(4) of the Immigration and Nationality Act. The applicants must show that they will not become a public charge. A consular officer may ask for an Affidavit of Support, Form I-134 and supporting documents. The sponsor will need to show income at 100 percent of the federal poverty guidelines for household size, not the 125 percent required under Section 213A of the INA.

 

Should K-1 fianc¨¦(e) visa applicants use the I-864 or the I-134?

Since fianc¨¦(e)s are nonimmigrant visa applicants, they should use the I-134. They will need to submit an I-864 to U.S. Citizenship and Immigration Services (USCIS) when they adjust status to conditional immigrant in the United States after they are married.

http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

 

Petitioners of K visas should submit a Form I-134, instead of an I-864.

http://guangzhou.usembassy-china.org.cn/af..._of_support.htm

 

K Visa Instruction Packet (¡°Packet 3¡±)

• Instruction packet (Packet 3) letter in Chinese
   
  
• Application for immigrant visa and alien registration (DS-230 part I)
   
  
• Instructions for immigrant visa applicants (OF-169)
   
  
• K Nonimmigrant Visa Application Fee
   
  
• Affidavit of Support (I-134)
  

http://guangzhou.usembassy-china.org.cn/fo...and_packets.htm

[david_dawei]

First off.. she should not of been without an I-134 or some proof of income to show.

 

Second: She misunderstands something or you do... as yuehan says... you need the blue slip to look at.

 

The main indication of misunderstanding is that a VO is not permitted to accept a I-864 from a K-1; they only take a I-134... ergo, start with reviewing the blue slip and report back. Also would be helpful to know all interview Q&A.

[Randy W]

Whoa, there! If the blue slip actually does request an I-864, he will need to submit an I-864.

 

We're going to a lot of trouble to tell him what is called for at the interview.

 

What matters here is what is requested on the blue slip - get it together and turn it in.

Edited January 20, 2009 by Randy W (see edit history)

[dnoblett]

Whoa, there! If the blue slip actually does request an I-864, he will need to submit an I-864.

 

We're going to a lot of trouble to tell him what is called for at the interview.

 

What matters here is what is requested on the blue slip - get it together and turn it in.

Slip may be a generic form for all immigrant visas so shows the I-864 for IR-1/CR-1 visa types.

 

Immigrant visa unit processes K-Visas.

 

I Quoted 3 sources that clearly state that the correct Affidavit of support for a K-Visa is I-134, 2 links to GUZ consulate, and one Link to department of state.

 

Another link from DOS: http://travel.state.gov/visa/immigrants/ty...2994.html#Forms

[Randy W]

I would recommend that no one, EVER go against what it says on a blue slip.

 

Remember, we still don't know what it really says.