consulate interview and co-sponsor (Vietnam, K1)

[Anh map 2,098]

Thanks for posting the reply you received from the Consulate. Gives a thin bit of hope for folks getting caught up in the bad economy.

[cheep-cheep 0]

Co-sponsor is ok..

I strongly suggest dont lie and just tell them the truth...

My husband used a co-sponsor my father in-law my husband just make only 1/4 of the requirements because he's still studying and he cant work fulltime. But my interview went smooth I got APPROVED!!!

The main thing for them is your relationship i suggest bring a lot of evidence that your relationship is for real, that will help a lot. As long as your co-sponsor meet the poverty guidelines (they didnt even ask to much about my co-sponsor or whatever) but just make sure your co-sponsor have enough to support her.

I'll wish you all the best and dont lie you might get in trouble or can lead to a denial. It should be ok to have a co-sponsor just trsut God and have faith. Nothing to worry if your really telling the truth as long as you are sencere it will go smooth..

[almostawesome 0]

We passed the interview with incredible ease. Showed them a few pictures, talked about how we met and our future plans and that was it. I think they were sold because we met in Vietnam and dated there for several months. They asked no questions about my job or financial situation, which could have been a deal breaker. I took a ton of information that was never needed. Incredibly fortunate and blessed here.

Now we are just waiting for the results of a sputum test. We saw a doctor while I was there, and had a bunch of tests, and as far as he could tell she doesn't have tuberculosis or anything contagious, but she doesn't have incredibly healthy lungs either, so I'm not sure what the consulate will think of that. So my prayers of thanks are still followed with a few special requests.

Thanks to everyone here who has helped me directly and indirectly. I'll let you know what happens.

[Anh Tau Lao 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.

almostawesome,

Can you update us on your K1 status ? I'm in a similar situation myself. I have enough savings and liquid assets to cover 5X the difference of the 2009 poverty income. However my current income is from my part-time job. I'm collecting unemployment from my primary job. After reading all the postings on this forum, i'm not sure if i should include a co-sponsor with my i-134 to submit to the HCM consulate. Anyone suggestions would be greatly appreciated.

[JimVaPhuong 4,863]

almostawesome,

Can you update us on your K1 status ? I'm in a similar situation myself. I have enough savings and liquid assets to cover 5X the difference of the 2009 poverty income. However my current income is from my part-time job. I'm collecting unemployment from my primary job. After reading all the postings on this forum, i'm not sure if i should include a co-sponsor with my i-134 to submit to the HCM consulate. Anyone suggestions would be greatly appreciated.

If you'll note in his previous post, his fiancee passed the interview, and they were waiting for medical results. Apparently, his co-sponsor was accepted. His case was unusual for HCM. Co-sponsor cases are usually denied there. I'm not sure what got him through. Perhaps it was the unusual level of commitment from his co-sponsor, including traveling to Vietnam with him and meeting his fiancee. As the consulate told him, the I-134 is not really a legally enforceable contract (it probably wouldn't hold up in court), so if your co-sponsor was a family friend living in another state they would take a pretty dim view on it. A parent living in the same household would have a better chance.

Did you include your unemployment compensation on your I-134? This isn't going to help your case. Unemployment is temporary, so the consulate is not likely to consider it as reliable income. Having savings is good, but unless you get regular work they know you'll eventually burn through the savings. It would help enormously if you could get a job that pays enough to qualify you.

Good luck.

[Anh Tau Lao 0]

almostawesome,

Can you update us on your K1 status ? I'm in a similar situation myself. I have enough savings and liquid assets to cover 5X the difference of the 2009 poverty income. However my current income is from my part-time job. I'm collecting unemployment from my primary job. After reading all the postings on this forum, i'm not sure if i should include a co-sponsor with my i-134 to submit to the HCM consulate. Anyone suggestions would be greatly appreciated.

If you'll note in his previous post, his fiancee passed the interview, and they were waiting for medical results. Apparently, his co-sponsor was accepted. His case was unusual for HCM. Co-sponsor cases are usually denied there. I'm not sure what got him through. Perhaps it was the unusual level of commitment from his co-sponsor, including traveling to Vietnam with him and meeting his fiancee. As the consulate told him, the I-134 is not really a legally enforceable contract (it probably wouldn't hold up in court), so if your co-sponsor was a family friend living in another state they would take a pretty dim view on it. A parent living in the same household would have a better chance.

Did you include your unemployment compensation on your I-134? This isn't going to help your case. Unemployment is temporary, so the consulate is not likely to consider it as reliable income. Having savings is good, but unless you get regular work they know you'll eventually burn through the savings. It would help enormously if you could get a job that pays enough to qualify you.

Good luck.

Thanks for the reply Jim. So should i remove my unemployment income from the i-134? My co-sponsor is my mother and we live in the same house. Also should i mention the fact that i'm finishing the last semester of my Masters degree? Via a separate letter, I wanted to state that i did not have a primary job because i was focusing on studies. For these reasons, i only am working part-time and collecting unemployment from the primary job. What do you suggest i tell them?

[Anh map 2,098]

If you have 3X (that's the ratio used for the K visa) the amount needed in the bank and are collecting unemployment while a student on a track to have a "decent" income you should be fine. Heading in with mom as a co-sponsor in your fiancee's back pocket is a good idea.

They will know you are a student from your G-325 information. The letter stating that you are in the final semester and what your job prospects are can help. If you had a job offer that would help even more. Give them facts to evaluate, not feelings.