Fiancee gets refusal on the first interview k-1 visa?

Question

my fiancee got denail by section 221g remark also apllied as 212 (a) (4). consul says my income was not sufficient to be the sponsor for her but i had also submitted 1040x form with new 1099's bringing my income higher then poverty guedline's rate. Consul is requesting irs transcripts for that year. now, 1040x takes time to get processed which is 2-3 months. meanwhile i am trying to submit the follwing year's 1040 with satisfying income by poverty guideline and also, asking wheather i could use sponsor. answer is no i have to get transcripts first. under immigration law section 213 a i could use sponsor the answer is no consul wants to see the transcript.

my question: do we have any chance to get k-1 visa for my fiancee after showing transcripts? do i need to get in contact with my congressman or wait and see the outcome?

Answer 1

Yak is right.  Sure you *could* ask your congressman to intervene but it would go like this:

Congressman:  "What's going on?"

Consul:  "We asked for more documents so we can be satisfied the fiancee won't become a public charge. We have the law you passed on our side."

Congressman: "Thanks. I'll tell my constituent to provide what you asked him to provide. Have a great day!"

Good suggestion from Yak about trying to work with IRS to expedite the forms.

Answer 2

Your congressman can stand on his head and whistle The Star Spangled Banner for all the consulate will care.  The US consulate has complete discretionary authority to grant or deny the visa.

In your case the consulate has requested more information and told you exactly what information is needed.  If I were you I'd file the 1040X electronically to get it into the system ASAP.  You could also go to one of the walk-in IRS offices and file there.  Explain your situation and see what they can do for you.

What you should NOT do is get into a ****ing contest with the US consulate.  After all, you do NOT have a RIGHT to bring a fiancee to the United States.  It's a privilege that's granted under the law and that law gives them a lot of ways to say no.

Answer 3

See, this is why illegal immigration PISSES me of. People like yourself do the right thing to enter the country legally and you end up having to  go through a lot of trouble. Where as you have people who enter illegally and by pass the system. It is not fair. Sorry for the rant...I wish I could help.