Our K-3 visa was denied?
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Our K-3 visa was denied?
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Our K-3 Visa was approved by the USCIS but denied by the embassy in Bangkok. What can we do now?
Additional Details
They said that my wife would be a public charge - i.e. my taxes indicated I am below poverty level. We are missionaries and much of our work it volunteer work.
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George L
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without knowing why it was denied, there is no way to say. however, your I-130 petition is still valid, so give some thought as to why the K-3 was denied and see if you can't do better the next time.
EDIT: well, public charge is comparitively easy to overcome. and it's not a permanent denial in any sense and can be overcome at any point. did you file an I-134, which can be required for a K-3? While you can't exactly get a joint sponsor to file with you on the I-134, you can get a friend or relative to file an I-134 in your stead. there are substantial differences between the I-134 for K visas and the I-864 for immigrant visas. Among other things, the I-134 only requires you to show an income of 100% of the Federal Poverty guideline, the I-864 requires 125%. Most folks answering on Yahoo confuse the two. It would be up to the interviewing officer to decide to accept the other filing on your behalf. Even if they didn't, you still have your I-130 immigrant petition as a backup, and on that with the I-864 you would file your own affidavit of support and get a joint sponsor to file with you. Since you're working in Thailand, your salary there can't be counted as US income because the job ceases to exist the moment you leave for the US. Do you have a job lined up for your return? If so, provide evidence of that along with whatever salary you would earn. They are allowed to consider that as well on a K visa. |
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Sidwell
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you need a co-sponsor
someone else who earns enough to support your wife when you cant.
AND you really should think about getting a PROPER job. |
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chuckles951
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You are required as part of getting a K-3 visa that you can afford to support her in case she cannot or does not want a job. The USA does not people immigrating to have them living off welfare or charity.
If you had a proper job that paid at least 125% of the poverty line in your state they would have accepted the application.
If someone else at your church offers to co-sponser her, you may be accepted. |
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