Migration office and I-134

[RalphandHanh 1]

My fiancée went to the migration office in HMC to help her with her paperwork. Package 3 I guess it is... and I gave her a list of questions. I'm not happy. They told her if my income was not at leat $19,000 last year (which it is not do to many reasons), she will have to wait till I file this years tax return before she can come here. I'm thinking that I might hire Mark Ellis to help me since my situation is a little different. Has anyone worked with the Migration office in HMC? I can get a letter from my employer now and my accountant with my commercial investments stating that this year will be a great one for me. If this is a problem in the interview can M.E. help? I'm so depressed right now I don't know what to do with myslef... and I'm at work which makes this even worse. :

[payxibka 10,045]

My fiancée went to the migration office in HMC to help her with her paperwork. Package 3 I guess it is... and I gave her a list of questions. I'm not happy. They told her if my income was not at leat $19,000 last year (which it is not do to many reasons), she will have to wait till I file this years tax return before she can come here. I'm thinking that I might hire Mark Ellis to help me since my situation is a little different. Has anyone worked with the Migration office in HMC? I can get a letter from my employer now and my accountant with my commercial investments stating that this year will be a great one for me. If this is a problem in the interview can M.E. help? I'm so depressed right now I don't know what to do with myslef... and I'm at work which makes this even worse. :

This is not anything new and is not just HCMC.... If you have no money, you do not get your honey.

Now, the good news is that if your income is not sufficient, you usually can provide evidence of other assets to make up an income shortfall. Assets replace income at a rate of somewhere between 3 and 5:1. If not, then you can usually provide a co-sponsor.... Each consulate is different, so it is important to understand exactly how HCMC views all this.

ME can help explain what your options are... He cannot find income or assets, if none are truly available.

Edited August 19, 2008 by fwaguy

[RalphandHanh 1]

My fiancée went to the migration office in HMC to help her with her paperwork. Package 3 I guess it is... and I gave her a list of questions. I'm not happy. They told her if my income was not at leat $19,000 last year (which it is not do to many reasons), she will have to wait till I file this years tax return before she can come here. I'm thinking that I might hire Mark Ellis to help me since my situation is a little different. Has anyone worked with the Migration office in HMC? I can get a letter from my employer now and my accountant with my commercial investments stating that this year will be a great one for me. If this is a problem in the interview can M.E. help? I'm so depressed right now I don't know what to do with myslef... and I'm at work which makes this even worse. :

This is not anything new and is not just HCMC.... If you have no money, you do not get your honey.

Now, the good news is that if your income is not sufficient, you usually can provide evidence of other assets to make up an income shortfall. Assets replace income at a rate of somewhere between 3 and 5:1. If not, then you can usually provide a co-sponsor.... Each consulate is different, so it is important to understand exactly how HCMC views all this.

ME can help explain what your options are... He cannot find income or assets, if none are truly available.

She was told we cannot have a co-sponsor since it is a fiancée visa. I'm a partner in a commercial investmant property that is worth over a million dollors as well as a condo rental... so I have assets.

[payxibka 10,045]

She was told we cannot have a co-sponsor since it is a fiancée visa. I'm a partner in a commercial investmant property that is worth over a million dollors as well as a condo rental... so I have assets.

What they meant to tell you is that you cannot have a co-sponsor because it is a fiance(e) visa to be issued by HCMC. If you have qualified assets then you will need to prove it.

[Tunisia216 2]

Sorry.. I misread!!!

Edited August 19, 2008 by Ash * Habibati

[RalphandHanh 1]

In the paperwork it also states the willingness to deposit a bond. Do you think if I attach a note stating that I am willing to do this at the time of the interview that may also help? I really feel that the real estate that I own will be enough but its its not... does anyone know about the bond issue?

[Huanyen 0]

I dunno about bonds, but regarding to the asset, your asset must be readily convertible into cash within a year. Otherwise, they probably won't accept it

[Dakine 26]

You must have an old site if you found info on posting a bond. I haven't seen that in years.

If you use proberty assets you have to have appraisals to back them up. Assets aren't accepted as well as a fixed income. Few people will sell their homes just to live on. They'd jump on the welfare wagon first!!!

[RalphandHanh 1]

I dunno about bonds, but regarding to the asset, your asset must be readily convertible into cash within a year. Otherwise, they probably won't accept it

Great! Actually, one of the properties will be sold at the end of September and I can show that with no problem.

[PeterFB 0]

The amount of income you need is related to the year your fiancee has her interview. If her interview is this year then $19,000 is enough income for the tax year of 2007 if there is only you and your fiancee. If there are children then it's higher. You need to show 125% of the poverty guidelines on your gross income line of your tax return. You can download the pdf with all the income levels from USCIS's site. HCMC Consulate doesn't like assets and co sponsors so it's better just to use your income. If her interview is in 2009, then you can use your 2008 tax return to show income.

Stocks, bond, real estate, saving accounts, etc are assets and can be considered.

Good Luck

Peter and Thi

I-129F Sent : 2007-05-26

I-129F NOA1 : 2007-06-11

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2007-10-26

Touched: 2007-11-02

NVC Recieved: 2007-11-16

Consulate recieved ??????

Packet 3 sent 2007-12-11

Packet 3 received 2007-12-24

Packet 3 returned 2007-12-28

Packet 4 sent 2008-1-14

Email Reply with Interview Date 2008-1-23

Interview Date 2008-2-27

Passed Interview 2008-02-27

Visa Pick Up Date 2008-3-05

Received Visa 2008-2-29 (called to pick up earlier)

POE 2008-3-05 Los Angeles

Wedding 2008-4-26

Edited August 22, 2008 by PeterFB

[RalphandHanh 1]

if that is true, then why do they want to see last years return. There is SO much conflicting information. How do you know what you are saying to be true? Just asking Monday I will be contacting Migration as well as M.E. later in the week. I want to know for sure what I'm up against. I hate not knowing for sure.

[Thai family 0]

You might want to call the Dept. of State's visa information line here in the states and get their input. They told my son to write a notarized letter to accompany his I-134. He didn't file taxes in 2207 at all, so explained that, as well as his current situation, and made his case as to why his wife wouldn't become a public charge. He included an overkill of evidence to prove what he said. Then, even though technically co-sponsors aren't accepted for K visas, he had a sealed envelope from Dad. His Dad wrote on the I-134 that he fully expected that our son, a recent college graduate, would be able to support his wife, but in the case of unforseen circumstances he would be willing and able to serve as a safety net. We don't know if the CO even opened it or read it. Even if they didn't accept a co-sponsor, it validated what our son said.

You're dealing with HCMC, so your experience could be different. I like to think that if I were a consular officer I'd appreciate a succinct explanation in clear English so there would be no confusion as to what the situation is.

Good luck!

Thai Mom

[RalphandHanh 1]

You might want to call the Dept. of State's visa information line here in the states and get their input. They told my son to write a notarized letter to accompany his I-134. He didn't file taxes in 2207 at all, so explained that, as well as his current situation, and made his case as to why his wife wouldn't become a public charge. He included an overkill of evidence to prove what he said. Then, even though technically co-sponsors aren't accepted for K visas, he had a sealed envelope from Dad. His Dad wrote on the I-134 that he fully expected that our son, a recent college graduate, would be able to support his wife, but in the case of unforseen circumstances he would be willing and able to serve as a safety net. We don't know if the CO even opened it or read it. Even if they didn't accept a co-sponsor, it validated what our son said.

You're dealing with HCMC, so your experience could be different. I like to think that if I were a consular officer I'd appreciate a succinct explanation in clear English so there would be no confusion as to what the situation is.

Good luck!

Thai Mom

Very good advice. I was thinking of having my father write something as well. We will be living with him as I also take care of him. Since I have no rent or mortgage and stay with him here I think it should be ok. I'm praying anyway

[PeterFB 0]

if that is true, then why do they want to see last years return. There is SO much conflicting information. How do you know what you are saying to be true? Just asking Monday I will be contacting Migration as well as M.E. later in the week. I want to know for sure what I'm up against. I hate not knowing for sure.

Thi's interview was this year (2007) which she passed on the first try, my income for 2007 was a little higher than yours. Since I'm self employed and have lots of ways to lower my taxes because the business, I was worried about that too. The USCIS website has the poverty guidelines used by the HCMC Consulate on their website. For a family of two, 125% of the poverty guideline for 2007 is $17,112 which was in effect until April of 2008. The current poverty guidelines that are in effect until April 2009 says you have to make $17,500 or more. The Consulate prefers to have transcripts instead of tax returns unless you're self employed, then they want both. The reason is anyone can make up a tax return but the transcipts are from what you filed with the IRS. You only need to submit the current year for the interview. All this information is available from USCIS and HCMC websites if you want to verfiy what I said.

Good Luck

Peter and Thi

I-129F Sent : 2007-05-26

I-129F NOA1 : 2007-06-11

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2007-10-26

Touched: 2007-11-02

NVC Recieved: 2007-11-16

Consulate recieved ??????

Packet 3 sent 2007-12-11

Packet 3 received 2007-12-24

Packet 3 returned 2007-12-28

Packet 4 sent 2008-1-14

Email Reply with Interview Date 2008-1-23

Interview Date 2008-2-27

Passed Interview 2008-02-27

Visa Pick Up Date 2008-3-05

Received Visa 2008-2-29 (called to pick up earlier)

POE 2008-3-05 Los Angeles

Wedding 2008-4-26

[RalphandHanh 1]

if that is true, then why do they want to see last years return. There is SO much conflicting information. How do you know what you are saying to be true? Just asking Monday I will be contacting Migration as well as M.E. later in the week. I want to know for sure what I'm up against. I hate not knowing for sure.

Thi's interview was this year (2007) which she passed on the first try, my income for 2007 was a little higher than yours. Since I'm self employed and have lots of ways to lower my taxes because the business, I was worried about that too. The USCIS website has the poverty guidelines used by the HCMC Consulate on their website. For a family of two, 125% of the poverty guideline for 2007 is $17,112 which was in effect until April of 2008. The current poverty guidelines that are in effect until April 2009 says you have to make $17,500 or more. The Consulate prefers to have transcripts instead of tax returns unless you're self employed, then they want both. The reason is anyone can make up a tax return but the transcipts are from what you filed with the IRS. You only need to submit the current year for the interview. All this information is available from USCIS and HCMC websites if you want to verfiy what I said.

Good Luck

Peter and Thi

I-129F Sent : 2007-05-26

I-129F NOA1 : 2007-06-11

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2007-10-26

Touched: 2007-11-02

NVC Recieved: 2007-11-16

Consulate recieved ??????

Packet 3 sent 2007-12-11

Packet 3 received 2007-12-24

Packet 3 returned 2007-12-28

Packet 4 sent 2008-1-14

Email Reply with Interview Date 2008-1-23

Interview Date 2008-2-27

Passed Interview 2008-02-27

Visa Pick Up Date 2008-3-05

Received Visa 2008-2-29 (called to pick up earlier)

POE 2008-3-05 Los Angeles

Wedding 2008-4-26

Thanks I will look at the site again. Good info. Thanks again