I hate my lawyer.

[Kimi 0]

Well, the blue slip consulate gave us indicated that either petitioner or CO-SPONSOR, then I figure out that they accepted cosponsor for 2006/07.

If your dad hire you and he paid you, your dad can claim your salary as his expenses deductible on tax return.

All you can do now is focus on your case and prepare all the paperworks for interview. Goodluck and brink PINK home.

[dalegg 143]

I'm confused. Is Craig Fong in LA or Vietnam? If this is one of those visa guys in Vietnam, I've never heard one good thing about them. They seem completely pointless.

[kitkat1 5]

The lawyer is in LA.

Bottom line for the OP is to get the new I-134 submitted. I'm not aware of the Vietnam consulate's process or whether the I-134 was previously submitted, but there's nothing else to do but try. Since previous applicants appear to have been told that co-sponsors ARE acceptable, perhaps that's another option if they refuse to accept the new I-134 (can't imagine why they wouldn't, but I guess you never know).

Applying for a spousal visa would not change the financial requirements, it would make them higher, so that is not an option or in any way relevant.

[ridejewel 0]

No, the lawyers an american, same as I. I would like the name of that lawyer, Hien, if you could, please. I know that with the CR-1, they use the I-186 which is a legally binding document, the I-134 is not legal at all, its only a swear from what I understand. That's why with an I-186 a co-sponsor is allowed. I think you could simply throw away the I-134 when you arrive in america and use all the government funding you wanted. I also think that since both I and her have no children that an $18,000.00 income should be suffice. That, along with her prospective employment letters, we should be okay. I just need some assurance. The reason why my income on my w-2 was so low was due to me living here in 'nam with my fiancee since september. I saved 3,000 dollars and moved here until her interview date. That's why i'm so mad at my lawyer, we've been relying on a co-sponsor since july. I just found out the new policy last week. If I knew there may be an issue, I would have stayed in the states and worked. Thanks for the support, everyone.

[kitkat1 5]

ridejewel - you seem to be confused. First off, you have a new I-134. If you can submit that at the consulate, you will be fine. Second, if it's not fine, are you SURE you cannot use a co-sponsor? Kimi has already stated that the consulate gave them

the blue slip consulate gave us indicated that either petitioner or CO-SPONSOR

Third, even with the I-134, immigrants are not allowed to become a public charge therefore there is no "government funding" available. Fourth, after marriage when you apply for adjustment of status in order to get your fiance her work authorization and green card, you are required to submit the I-1864. So you will be dealing with this issue again and may end up needing a co-sponsor anyway.

It's your choice if you want to start over with a new lawyer but I would recommend getting the true facts from people who have been through the process in Vietnam in the regional forum or from the consulate directly (not from your lawyer in the US or from the friend of a friend who said you should start over with a CR1 visa which was clearly bad advice).

[ridejewel 0]

Okay, to get this straight, I HAVE NEVER SUBMITTED AN I-134 FORM TO THE CONSULATE! Our first interview is on February 13th. I am sure that the consulate will not accept a co-sponsor unless it's an extreme and unique case....the friend of a friend that you're talking about, personally called the IV officer in Saigon, he confirmed that fact. They hate co-sponsors. Reason being, and to your forth point, Kitkat, the I-134 is not legally binding, there is no law to it, period. Okay, when we file for the green card we will have to finally submit that legal form, I-186, but until then, have no fear to use the government for help, they have no legal stance on the I-134! If they did, we could use joint-sponsors.

[ridejewel 0]

Oh, one more thing...the I-134 is universal. Every consulate, embassy in the world uses them. But, as each country is different, same are the requirements for each form, e.g. the I-134. Some take co-sponsors, some don't. HCM does not.

[kitkat1 5]

Then why on earth are you so concerned? You have an I-134 that meets the requirements and you won't need a co-sponsor. So there is no reason to worry because you've already got it covered. I can see being angry with the lawyer and with the fact that you had to get a 1099 from you dad but whatever, now you've got what you need for the visa so really nothing else matters.

Its true that the I-134 is not legally binding meaning the fiance or the US government cannot hold someone to a promise of financial support. But that does not mean you can simply "use the government for help". Many federal programs fall into the "means tested benefits" making immigrants ineligible for those benefits. For example, a small list of some of those:

Public benefits considered to be public cash assistance for income maintenance include:

(1) Supplemental Security Income (SSI);

(2) Temporary Assistance for Needy Families (TANF)

(3) State and local cash assistance programs for income maintenance (often called state "General Assistance," but which may exist under other names).

In addition, the costs for institutionalization for long-term care, which may be provided under Medicaid or other programs, may be considered in making public charge determinations

In any event, when you file the I-864 if you don't meet the minium, you'll use a sponsor since they allow it.

And nope, the I-134 is not univerally used by every consulate in the world. Mexico, for example, does not use the I-134 for fiances or the I-1864 and instead provides a list of documentation that is acceptable to prove the beneficiary will not become a public charge. I'm sure you're right that HCM doesn't take sponsors, I just find it strange that they gave Kimi a slip that said they would take a co-sponsor.

[David-Hien 11]

No, the lawyers an american, same as I. I would like the name of that lawyer, Hien, if you could, please. I know that with the CR-1, they use the I-186 which is a legally binding document, the I-134 is not legal at all, its only a swear from what I understand. That's why with an I-186 a co-sponsor is allowed. I think you could simply throw away the I-134 when you arrive in america and use all the government funding you wanted. I also think that since both I and her have no children that an $18,000.00 income should be suffice. That, along with her prospective employment letters, we should be okay. I just need some assurance. The reason why my income on my w-2 was so low was due to me living here in 'nam with my fiancee since september. I saved 3,000 dollars and moved here until her interview date. That's why i'm so mad at my lawyer, we've been relying on a co-sponsor since july. I just found out the new policy last week. If I knew there may be an issue, I would have stayed in the states and worked. Thanks for the support, everyone.

I sent information to you already. I don't know if your income amount is enough for sponsorship or not. But I think the solution of that attorney was not so bad, however he forgot to tell you to come back to USA to work for more income.

They got money then they will forget us, that's the lawyer.

Hien

Hien

[STL_HCMC 0]

I think a lot of what ridejewel -- and perhaps his Consulate source as well -- is referring to regarding the I-134 and the US Consulate in HCMC can be summed up in this email reply that I received from the HCMC Consulate when we were preparing for our interview:

---------------------

Dear Mr:

Thank you for your inquiry. Unfortunately, we are unable to provide you any information to satisfy the I-134 Affidavit of Support form. Please note that the interviewing officer will have greater discretion in determining whether or not a petitioner's income is sufficient to meet the minimum poverty income guidelines when the I-134 is used.

Technically, there are no provisions under the law for a "joint sponsor" for the I-134, but there is no prohibition either, which is why our policy is to accept joint sponsors under certain circumstances. Since the joint sponsor who submits an I-134 has no legal obligation to fulfill the terms of the affidavit, the officer CAN take into consideration the credibility of that affidavit of support.

Sincerely,

Info Unit Staff

Consular Section

U.S. Consulate General HCMC

Tel: (84-8) 822 9433 – ext 4636

Fax: (84-8) 824 5572

---------------------

STL_HCMC

Edited February 4, 2007 by STL_HCMC

[ding 1]

It sounds like a subjective decision of the CO. So the question is, 'How sound is the commitment to support'? Is it reasonable to give it a go? What's the downside?