consulate interview and co-sponsor (Vietnam, K1)

[almostawesome 0]

I think/hope this is the right forum. Feel free to move.

My fiancee called from Vietnam in tears. We finally got the letter, and her interview date is set for May 18 (Aug. 28 08 NOA1) in Ho Chi Minh. However, the woman that is helping her with the application on that end has her terrified now because we are using a co-sponsor. The lady says we can go to the interview, but because I am not the primary sponsor, our chances of being approved for a k1 Visa are very low (10% was the figure she used).

Can anyone shed any light on this regarding Vietnam specifically, or any other country?

Also, and I'm sure this has been asked before, can I borrow money and put it in my bank account temporarily?

I am flying out there for the interview. The co-sponsor is my mother, who has met my fiancee, and would be willing to show willingness of her support if required. We will contact the consulate directly and ask them about this on Monday.

Oh, I was able to cheer her up, but she is still quite worried.

[payxibka 10,047]

nope.. DCF is not the right forum... moving to consulate forum

[YuAndDan 153]

Note, the person who filed the I-129F petition is always the "Primary" sponsor even if using a Co-Sponsor. The petitioner must provide an I-134, and the co-sponsor also provides an I-134.

For most consulates using a co-sponsor is not an issue.

http://www.visajourney.com/timeline/profile.php?id=54226

Edited April 17, 2009 by YuAndDan

[Dakine 26]

Best to ask the embassy if they'll accept co sponsors. I've seen people here say they didn't but I've seen the same trip in the Philippines and they do accept some of the K1 co sponsors.

Heck people working at Macdonalds make more than 19 K!!!

No money, No honey!

[Hell0W0rld 10]

if you filed the petition, then you are the PRIMARY sponsor, anybody else under you will be the CO-SPONSOR

[Bobby+Umit 161]

Most of the posts from people going through that embassy have indicated that they are very tough and unforgiving of sponsorship issues.

I would not recommend "putting a load of cash" in your savings to make up the difference. Because I am sure they will see that as an attempt to get around the requirements.

(Why didn't you have that before you sent the paperwork?) might be one of the questions - plus you would need 3x the difference in income to make up for it. (short 5K - then you would need 15k in your account)

Do a search for "Vietnam" here in this forum and read the various posts - perhaps you can get an idea of what to do?

[toddandhien 2]

It seems to be generally understood here on VJ that K-1 visas do not get approved with co-sponsorship at the HCM consulate. The woman assisting your fiancee may be correct in what she is saying (10%). Perhaps if you have a case with overwhelming evidence, you can be part of that 10%?

It is great that you are going there for the interview. But, please prepare yourself for the fact that this may not turn out well. I really hope that you get approved, but maybe some contingency planning now might be in order. Please do some reading in the regional forum and you can see for yourself what others are doing. I understand that if you get married in VN and file IR-1/CR-1 you can use co-sponsorship with the I-865.

By the way, you cannot call the consulate directly. The phone system is automated and you cannot speak with an operator. E-mail requests typically take 4 business days to get a response.

Best of luck to you both.

Edited April 17, 2009 by toddandhien

[almostawesome 0]

Thanks for the input, everyone.

Next question. When I filled out the sponsorship documents I was working and making a little above the requirements for sponsorship. There were a couple reasons I applied with a cosponsor. I have since been laid-off from that job, and am working part time while I find new work. Could/Would/Will the consulate know or learn that I no longer work where my application says I did?

[Bobby+Umit 161]

Thanks for the input, everyone.

Next question. When I filled out the sponsorship documents I was working and making a little above the requirements for sponsorship. There were a couple reasons I applied with a cosponsor. I have since been laid-off from that job, and am working part time while I find new work. Could/Would/Will the consulate know or learn that I no longer work where my application says I did?

I would not recommend to lie.

They could always try to call your company to check up on it. (remember, one of the pieces of supporting evidence is a letter from your boss detailing your job/salary/etc..)

[almostawesome 0]

Thanks for the input, everyone.

Next question. When I filled out the sponsorship documents I was working and making a little above the requirements for sponsorship. There were a couple reasons I applied with a cosponsor. I have since been laid-off from that job, and am working part time while I find new work. Could/Would/Will the consulate know or learn that I no longer work where my application says I did?

I would not recommend to lie.

They could always try to call your company to check up on it. (remember, one of the pieces of supporting evidence is a letter from your boss detailing your job/salary/etc..)

Are they going to be looking into the case, as the interview approaches? If so, what kind of things are they looking at/for?

I don't think I would lie about it, but I wonder if I would ever even have to.

[toddandhien 2]

Thanks for the input, everyone.

Next question. When I filled out the sponsorship documents I was working and making a little above the requirements for sponsorship. There were a couple reasons I applied with a cosponsor. I have since been laid-off from that job, and am working part time while I find new work. Could/Would/Will the consulate know or learn that I no longer work where my application says I did?

I would not recommend to lie.

They could always try to call your company to check up on it. (remember, one of the pieces of supporting evidence is a letter from your boss detailing your job/salary/etc..)

Are they going to be looking into the case, as the interview approaches? If so, what kind of things are they looking at/for?

I don't think I would lie about it, but I wonder if I would ever even have to.

It is VERY likely the CO will ask your fiancee where you work and what you do. If she describes your former position, she will be lying.

[Anh map 2,098]

Your fiance will need recent paystubs and an employer letter at the interview. Where will they come from?

Don't try to get by the minimums at the HCMC consulate. Be overprepared. Have lots of evidence.

[almostawesome 0]

Thanks everyone for your help and wishes. Any chance proving a relationship with the co-sponsor may help? A letter from the co-sponsor? A picture of all 3 of us together in Vietnam?

[toddandhien 2]

Thanks everyone for your help and wishes. Any chance proving a relationship with the co-sponsor may help? A letter from the co-sponsor? A picture of all 3 of us together in Vietnam?

You mentioned before that you intended to contact the consulate next week to inquire about co-sponsorship with a K-1. Please let us all know what their response is.

Again, you would be well-served if your evidence is overwhelming and well organized and your fiancee is very well prepared.

[almostawesome 0]

Thanks everyone for your help and wishes. Any chance proving a relationship with the co-sponsor may help? A letter from the co-sponsor? A picture of all 3 of us together in Vietnam?

You mentioned before that you intended to contact the consulate next week to inquire about co-sponsorship with a K-1. Please let us all know what their response is.

Again, you would be well-served if your evidence is overwhelming and well organized and your fiancee is very well prepared.

Here is what I received from the Consulate:

Thank you for your inquiry. For a fiancée visa case, the petitioner will be required to submit the complete form Affidavit of Support I-134. 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, and living in a different state can be a criterion for denial. In other words, officers 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.

Your fiancée should collect all evidence proving that she has met you in person and that she has a bona fide relationship with you. Evidence may include letters, photos, telephone bills, travel tickets or other evidence of a bona fide and continuing relationship both before and after your petition was filed. Please be assured that the application and supporting information will be given every consideration consistent with U.S. law and regulations.

Some interesting insight there. The co-sponsor has "no legal obligation" which is probably why this consulate is so reluctant to approve applications which use them.

My impressions are that the consulate is going to have a good hard look at my finances, so I will have to gather evidence of my new job. However, I am going to come up short of the guidelines. It appears to me that providing evidence of a relationship with the co-sponsor may actually help the case in providing "credibility of that affidavit of support" there are photos of the three of us, the co-sponsor and the beneficiary, and I can get a notarized letter from the co-sponsor.

Above all it appears that we need to provide evidence of our relationship, and there is plenty of that, with plane tickets, photos, phone records and a few packages back and forth. Do IM conversations do any good in these situations?

I sure hope that finances don't shoot this horse dead in the gates. But I enjoyed living in Vietnam and I could do it for another year or two if that's how it shakes out.