Question!!!

[nathanpham 0]

Hi all,

My name is Nathan, i recently engaged in VN, i am 26 and my fiance is 27, we knew each other for almost 2 years, i have been back for 2 times in 06/09. and 12/09. I want to file the paperwork for her in this year but i have some questions about my situation:

1) My income in 2009 is way below the poverty line. My income is only $12,500 after tax, i dont have anything in assets. My income in 2010 will be more than the poverty line. Should I file the paperwork for this year? Will this be an big issue for me in anyway? What can i do to help my situation?

2) We talk on phone, chat pretty much every day for the last 2 years. I have all the records for that. But we haven't emailed, or wrote anything for each other, should we start writing for each other now? Will that raise a big question for the CO when interviewing?

3) When i was in VN for 2 times, I stayed at her house, but i didn't take any pictures with her family except our engagement pictures, and ourselves. We didn't travel much anywhere while i was there except Vung Tau, Can Gio, we didnt keep any hotel receipt for the record. I dont know if will this be a problem?

4) Back to my income situation, should i ask for a co-sponsor in order to have the NVC to approve? I know that US consulate in VN won't approve for a co-sponsor for me, but can i submit my 2010 income with letter of employment, pay stubs when it is time for interviewing? Will that be a big problem for our case if i decide to file this year?

I dont know what to do in my case now, please let me know your honest opinions, cause anything will help me a lots.

Regards.

Nathan Pham

[Anh map 2,098]

It is gross income, not after tax.

Current and continuing income is what is evaluated. If your annualized income for 2010 meets the requirement then you should be OK.

As far as the petition approval you need to show that you have met face to face in the last two years. Boarding passes, passport stamps, luggage tags are great proof that you've been there. A photo or two together is more than enough. However for the consulate that is only the beginning.

You want to be able to document your communication as best you can. Start working on getting the phone records. Any emails sent back and forth, and chat logs are good.

At the interview not having photos together other than staged engagement photos MAY be a problem.

Are you Vietnamese? How were you introduced? Does she have family in the US? Do they live near you?

Do some reading here to learn about the HCMC consulate. Most people now need to create a timeline of their relationship.

[Dau Que 6]

Hi all,

My name is Nathan, i recently engaged in VN, i am 26 and my fiance is 27, we knew each other for almost 2 years, i have been back for 2 times in 06/09. and 12/09. I want to file the paperwork for her in this year but i have some questions about my situation:

1) My income in 2009 is way below the poverty line. My income is only $12,500 after tax, i dont have anything in assets. My income in 2010 will be more than the poverty line. Should I file the paperwork for this year? Will this be an big issue for me in anyway? What can i do to help my situation?

2) We talk on phone, chat pretty much every day for the last 2 years. I have all the records for that. But we haven't emailed, or wrote anything for each other, should we start writing for each other now? Will that raise a big question for the CO when interviewing?

3) When i was in VN for 2 times, I stayed at her house, but i didn't take any pictures with her family except our engagement pictures, and ourselves. We didn't travel much anywhere while i was there except Vung Tau, Can Gio, we didnt keep any hotel receipt for the record. I dont know if will this be a problem?

4) Back to my income situation, should i ask for a co-sponsor in order to have the NVC to approve? I know that US consulate in VN won't approve for a co-sponsor for me, but can i submit my 2010 income with letter of employment, pay stubs when it is time for interviewing? Will that be a big problem for our case if i decide to file this year?

I dont know what to do in my case now, please let me know your honest opinions, cause anything will help me a lots.

Regards.

Nathan Pham

My guess would be your first trip in 06/09 was to meet her and/or her family, and your second trip (12/09) was for the engagement, considering your income for that year is well below the poverty guideline. That makes me guess you're not living on your own because you definitely can't afford those 2 trips.

With that in mind, consider yourself as the CO, how would you feel about the situation? Sounds to me like an arranged marriage for $$$. Remember, the Consulate needs not to prove anything, just a little bit of doubt and you'll be denied that Visa.

You should work harder on the front-load evidence. If she's currently sponsored by someone in her family in the US, then consider your case almost guaranteed denied.

Edited January 23, 2010 by Dau Que

[ScottThuy 140]

pick up some post cards at the drug store and send one every now and then.. its less that a bck to send a post card and they get there just over a week later... its a nice surprise for her when she gets a note from you that is unexpected... have fun building the proof they need....

[nathanpham 0]

Hi all,

I am working with my family, we took big hits in 2009 like everyone else here in the State. I paid those 2 trips by myself, she does have a uncle in US but they barely talk at all if that. I know my case sounds like arrange marriage for money, but its not. We are real, i have all the phone records in hand, all the chat logs in hand right now as we speak. The only thing i am considering right now is my income for this year is low, I dont know what can i do to get the NVC approved if i file this year? I am already have another job that can verify i will make more than the poverty line this year, i will be able to prove everything when its time for interviewing. Will that be ok? Should i get a co-sponsor to help me?

Thanks for replying.

Nathan

[Anh map 2,098]

Cosponsors are not accepted at HCMC for K visa petitions. If your annualized income for 2010 is over the requirement (shouldn't go up much for 2010) then you should file the petition. That is the easy part. Your income is evaluated by the CO.

The consulate will be the challenge, hence the questions and comments that you are seeing. We ask because these are the hurdles that everyone must overcome at HCMC due to a long history of visa fraud. Don't take it personal, it's advice from the trenches.

[vietazn 1]

Chat less and work more and it will solve issues #1 and 2. You are too heavy in chat, which they don't really care to look at anyway. Instead email and talk on phone regularly. Couldn't hurt to write a few snail mail to Vietnam too.

If you decide to provide the photos you do have, I'd caution about providing too much photos of only yourselves, as it will surely make the few photos you two took with other people like family stand out. You might get the standard reason that photos provided show you only in Vietnam for a few days. Receipts aren't that big a deal, except for receipts and boarding passes for your plane tickets. If you don't have any evidence of trips outside HCM like photos or boarding passes, it will be like you didn't go. It's up to you two to provide proof.

At the earliest you should apply at the end of 2010, because by the time the interview is scheduled your income for 2010 should be adequate for you to do the affidavit of support. But then you will probably have do 2010 taxes in early 2011 and actually copy your tax returns to give to consulate.

Your case with information you provided isn't really that bad because a lot of your concern isn't information the consulate would know about. However, you do need to earn more. Once you earn enough, you won't even have to disclose your assets. In your case, you shouldn't disclose your assets.

[tung tran 0]

If you think that income is your hurdle, then file cr1 instead of k1 and get help with a cosponsor

[vietazn 1]

pick up some post cards at the drug store and send one every now and then.. its less that a bck to send a post card and they get there just over a week later... its a nice surprise for her when she gets a note from you that is unexpected... have fun building the proof they need....

A 2 page letter is about a dollar, so a postcard can't be that much less. Which would look better?

[nathanpham 0]

Thank you.

I will do more research on everything, considering i am very new to all this. All your advices will be greatly appreacited, so please keep them coming so i can have a better outcome on my end.

Back to my income, is the NVC will have to approve first before they send it back to HCMC? In my understanding, I will need my 2009 tax in order to file, the income 2009 is below the poverty line, will they denied me first hand?

Regards,

Nathan

[nathanpham 0]

But if we start writing now, will that look suspicious to them in a way, consider we have never written either emailed or mailed before? Should i wait for another year to build up everything that i need to now?

Thank you.

[vietazn 1]

Hi all,

I am working with my family, we took big hits in 2009 like everyone else here in the State. I paid those 2 trips by myself, she does have a uncle in US but they barely talk at all if that. I know my case sounds like arrange marriage for money, but its not. We are real, i have all the phone records in hand, all the chat logs in hand right now as we speak. The only thing i am considering right now is my income for this year is low, I dont know what can i do to get the NVC approved if i file this year? I am already have another job that can verify i will make more than the poverty line this year, i will be able to prove everything when its time for interviewing. Will that be ok? Should i get a co-sponsor to help me?

Thanks for replying.

Nathan

Tax returns filed is number 1 evidence for income. Of course there might be exceptions, like if you're a medical school student and your earnings are expected to jump up significantly later on.

[vietazn 1]

But if we start writing now, will that look suspicious to them in a way, consider we have never written either emailed or mailed before? Should i wait for another year to build up everything that i need to now?

Thank you.

It won't be suspicious unless you provide 3000 pages of chat and then it suddenly stops. Start writing email and some letters, continue some chatting but purge some earlier chats, and make your case portfolio more balanced.

Don't put all eggs in one basket: diversify!

[ScottThuy 140]

But if we start writing now, will that look suspicious to them in a way, consider we have never written either emailed or mailed before? Should i wait for another year to build up everything that i need to now?

Thank you.

no.... not suspicious since you already have long term communication documented... its not uncommon for people to use different types of communication over time... I sent 2 post cards each month but also had phone logs and yahoo text/video logs... its all about the big picture... they will look at the details if something stands out like income, but the fact that you build more evidence after you decide to file is common... I say "decide to file", not file.. dont wait until after you file... ... I suspect that if the CO looked at when someone started coming to VJ and the evidence of relationship, there ould be a strong correlation and a matched increase in documentation...

Create a timeline as has been noted already.. use it as a guide to show evidence of relationship and when you say on $%^& we went to %&* ... (pictures accompany this affidavit).. take your time organizing the initial filing... you don't need to wait another year if your petition is very well orgaized and any red flags are addressed in the documentation..

There are some great people here... that have seen so much when it comes to HCMC cases... use thier experience to help you prepare... ask questions even if you think they are silly or absurd.. one question could be the difference in a case... its all about being prepared and organized... a solid relationship with loads of proof can be denied based on a bad interview (unprepared beneficiary)... a weak case that is well organized with prepared beneficiary can be approved on initial interview...

look at the red flags like a car with a bad fuel guage... as long as you know about it when you start out and prepare ahead of time... you can still get where you are going without issue...

You are both in this journey together and both of you should know every aspect of the case and relationship inside and out... too many people are denied because the USC does all of the work and the beneficiary goes to the interview unprepared...

[nathanpham 0]

Man, i am really a newbie on this area, but hopefully i will be ok near the end of this year . I am leaning forward to file the paperwork by the end of this year, but not as in K1. CR1 will be a better way cause we are planning on getting married by the end of this year anyway. One more year of preparation won't hurt our case at all, i will follow to all your advices in order to organize things now.

I am thinking that i should take 2 more trip by the end of this year, it will cost me some but it will worth it for the long run. One will to get the certified marriage. the other one is for the ceremony. Any suggestions what i can do in order to prepare for those 2 trips for better result? Please let me know.

Thanks for all your advices.

Nathan